2007-0196
INTRODUCED BY: “RAM” RAMCHANDRAN, COUNCILMAN, DISTRICT III
ORDINANCE NO. ___________
Title
An ordinance of the Parish of St. Charles providing that the Code of Ordinances, Parish of St. Charles, be amended by revising Appendix A, Section XX., Flood damage prevention, A. 4. d. and e, to add verbage that follows Article 667 of the Civil Code of 1870 of the State of Louisiana, Limitations on use of property and to add A. 4. f. g. h. and i.
Body
WHEREAS, the purpose of this ordinance is to minimize the alterations of the natural ground profile to reduce the cumulative adverse impact resulting from the use of excessive fill in all flood zones of St. Charles Parish; and,
WHEREAS, a proprietor may do with his estate whatever he pleases, still he cannot do any work on it, which may deprive his neighbor the liberty of enjoying his own, or which may be the cause of damage to him; and,
WHEREAS, if work on his estate deprives his neighbor of enjoyment or causes damage to him, he is answerable for damages only upon a showing that he knew or, in the exercise of reasonable care, should have known that his work would cause damage, that the damage could have been prevented by the exercise of reasonable care, and that he failed to exercise such reasonable care; and,
WHEREAS, FEMA base flood elevation, BFE requirements call for a height increase of 3 feet above surrounding elevation irrespective of area elevation above mean sea level, MSL. This will result in added run off to neighboring properties in developed areas of the parish; and,
WHEREAS, run off from neighbor's property to other home owners is governed by state statutes and parish administration usually recommend civil action by property owners in local courts when complaints are received. Enforcements of state regulations are beyond the regulatory authority of the local government. This results in civil law suites costing home owners considerable cost and delay.
THE ST. CHARLES PARISH COUNCIL HEREBY ...
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