Ordinance to Revise Town Code Regarding Blighted Property

Body

ORDINANCE NUMBER _____ OF 2025

"AN ORDINANCE TO AMEND, REVISE, REPLACE, RE-ENACT AND
TO DELETE THE
CURRENT CHAPTER 1 AND THE CURRENT CHAPTER 2 OF PART
3 "ENTITLED HEALTH AND SANITATION" OF THE CODE OF
ORDINANCES OF THE TOWN OF GREENSBURG AND TO ENACT
AN AMENDED AND REVISED CHAPTER 1 AND CHAPTER 2 OF
THE SAID PART 3 OF THE CODE OF ORDINANCES OF THE TOWN
OF GREENSBURG"
WHEREAS, "blighted property" including both commercial premises,
residential premises, and/or for recreational premises which because of their
physical condition are hazardous to persons and/or a detriment to neighboring
properties and/or impend, block, obstruct or hinder access to utility rights of
ways and/or impede, block, obstruct or hinder responsible access to the
premises for first responders and/or otherwise create a public nuisance;
WHEREAS, the Town of Greensburg, Louisiana is committed to
protecting the health, safety, and welfare of its residents; and
WHEREAS, blighted and unsafe properties within the corporate limits
pose a significant threat to public health, safety, and welfare, diminish
property values, contribute to crime, and detract from the aesthetic character
of the community; and
WHEREAS, the Greensburg Board of Aldermen/Greensburg Town
Council finds that the existence of blighted properties constitutes a public
nuisance; and
WHEREAS, the Greensburg Board of Aldermen/Greensburg Town
Council desires to establish a clear and effective process for identifying,
addressing, and abating blighted properties to promote community
revitalization and maintain a high quality of life for its citizens.
THEREFORE BE IT ORDAINED by the Board of Aldermen of the
Town of Greensburg, being the legislative branch of the municipal government
of the Town of Greensburg, which along with the Mayor of the Town of
Greensburg constitute the governing authority of the Town of Greensburg, the
said Town of Greensburg having a Legislative Home Rule Charter form of
government and acting pursuant to and by authority of that Home Rule
Charter authorized by Act Number 232 of the Louisiana Legislature of 1860 as
signed into law by the then Governor Thomas O. Moore on March 15, 1860
and having all of the powers and authority granted in this said charter, as
follows:
That Chapter 1 and Chapter 2 of Part 3 of the Code of Ordinances of
the Town of Greensburg entitled "Health and Sanitation" shall be amended,
revised, replaced, re-enacted and herein enacted to read as follows:

CHAPTER 1
Section 3-101. Appointment of Compliance Officer.
Section 3-102. Duties And Responsibilities Of the Compliance Officer.

Section 3-103. Enforcement Authority Of The Compliance Officer.
Section 3-104. Out of Compliance Actions And Response.
Section 3-105. Order to Vacate Unsafe Property.
SECTION 3-101. APPOINTMENT OF COMPLIANCE OFFICER.
a) The town’s mayor shall appoint a compliance officer to enforce the
provisions of this

Part 3 of the Code of Ordinances of the Town of Greensburg.
b) The board of aldermen by resolution shall establish the compliance
officer’s
compensation.
c) The compliance officer shall serve at the pleasure of the mayor.
SECTION 3-102. DUTIES AND RESPONSIBILITIES OF THE COMPLIANCE
OFFICER.
a)**The compliance officer shall enforce local ordinances:
Ensure residents, businesses, and property owners adhere to town health,
sanitation and safety regulations, and related ordinances.
b)**The compliance officer shall conduct inspections and investigations:
Conduct inspections of properties suspected of violating ordinances and
investigate complaints from residents or businesses.
c)**The compliance officer shall issue notices and communicate with
offenders:
Issue notices of violation to property owners or residents and provide
educational information about compliance requirements.
d)**The compliance officer shall maintain records:
Maintain detailed records of inspections, violations, notices issued, and
enforcement actions.
e.)**The compliance officer shall prepare monthly reports:
Prepare reports for municipal authorities regarding violations and enforcement
actions.
f)**The compliance officer shall collaborate with other agencies:
Work with other municipal departments, law enforcement, or health agencies
as necessary.
SECTION 3-103. ENFORCEMENT AUTHORITY OF THE COMPLIANCE
OFFICER.
a)**The compliance officer shall be authorized to issue notices and civil
citations:
b)**The compliance officer shall be authorized to issue civil abatement orders:
Require property owners to remedy violations within a specified timeframe.
c)**The compliance officer shall be authorized to impose civil fines:
Impose civil fines for non-compliance, as authorized by resolutions adopted
by the Greensburg Board of Aldermen.
d)**The compliance officer shall schedule appeal hearings:

Schedule hearings or appeal processes for contested violations before the
board of aldermen.
e)**The compliance officer shall issue orders to remedy violations:
Enforce orders compelling the correction of violations such as debris removal,
structural repairs, clean up compliance and mowing of grass requirements.
f)**The compliance officer shall coordinate with law enforcement:
Work with the town police or sheriff's department for enforcement of violations
involving criminal
conduct or public safety.
g)**The compliance officer shall refer violations for legal proceedings:
Refer violations through the board of aldermen to the municipal attorney for
legal actions, including civil citations, injunctions, or civil fines.
h)**If the compliance officer is also a duly commissioned police officer within
the jurisdiction he/she shall enforce any state revised statutes and/or
municipal code ordinances by misdemeanor summons and/or criminal arrest
in addition to the civil enforcement authority provided for herein.
i)**The compliance officer shall issue notices and civil citations:
Issue formal notices, civil citations, or, civil fines as authorized.
j)**The compliance officer shall coordinate with other agencies:
Collaborate with other local, state, or federal agencies.
k)**The compliance officer shall enforce town ordinances:
Take actions necessary to ensure compliance with municipal code.
SECTION 3-104. OUT OF COMPLIANCE ACTIONS AND RESPONSE.
a)**The town’s compliance officer is authorized to provide warnings and
educational materials:
Before imposing civil fines, the compliance officer penalties, provide
educational materials or warnings.
b)**The town authorizes it’s compliance officer to impose civil fines and
penalties:
Impose monetary penalties for non-compliance that are civil in nature and
such monetary penalties shall be based upon a civil fine schedule approved
by resolution of the town’s board of aldermen
c)**The town through it’s compliance officer shall issue compliance orders:
Through it’s compliance officer, the town’s compliance officer shall issue
orders requiring residents to remedy violations within a specified timeframe.
d)**The town through it’s compliance officer shall initiate legal proceedings:
Pursue legal action in court to enforce compliance and/or collect civil fines
when authorized by the town’s board of aldermen.
e)**The town shall pursue liens or property seizures:
Pursue liens on properties or other legal remedies for unpaid fines or
violations when authorized by the town’s board of aldermen.
SECTION 3-105. ORDERS TO VACATE AN UNSAFE PROPERTY.
a)**The compliance officer shall have the authority to require residents or
occupants to
vacate:
In cases where a property or area is extremely unsafe or hazardous, and in
an effort to protect public safety, the compliance officer shall order for the

property to be evacuated and the town shall then proceed in the district court
to obtain a restraining order prohibiting occupation of the premises.
b)**The compliance officer shall issue temporary vacate orders:
The officer shall issue a temporary vacate order in order to prevent injury or
harm when
immediate danger is present.
c)**The compliance officer shall notify property owners or occupants:
The owner or occupant shall be notified of the specific danger in the vacate
order.
d)**In an extreme emergency, the vacate order shall be enforced immediately
if deemed necessary:
The order shall be enforced promptly, with proper documentation and
notification.
e)**The compliance officer shall upon the issuance of an order schedule a
hearing:
A formal hearing shall be scheduled before the town council promptly to
review concerns, and residents shall have the right to present evidence and
contest the order. Any further appeal shall be made to the district court.
f)**The vacate order shall be temporary and subject to review:
The order shall remain in effect only until a hearing determines whether the
property is safe for re-occupation.
g)**The town shall ensure the safety of the community:
These actions shall be grounded in protecting public health and safety,
especially in situations involving blighted or unsafe structures.
h) Summary of Rights & Actions
The compliance officer shall have the right to cause residents/occupants to
temporarily vacate property and/or secure unsafe or blighted properties to
prevent harm, sickness and loss of life.
Property owners or residents shall be notified and given an opportunity to be
heard.
The vacate order shall be temporary and subject to review by the board of
aldermen.

CHAPTER 2

Section 3-201. Definitions.
Section 3-202. Declaration Of Public Nuisance.
Section 3-203. Notice And Procedure For Abatement Of Code Violations.
Section 3-204. Town Recovery of Costs and Lien.
Section 3-205. Penalties
Section 3-206. Governing State Law.
SECTION 3-201. DEFINITIONS.
For the purposes of Chapter 2, the following terms shall have the
meanings herein ascribed to them as follows unless the context clearly
indicates a different meaning:

Abatement: The removal, repair, rehabilitation, or demolition of
conditions that constitute blight as defined herein, or the elimination of
any public nuisance.
Blighted Property: Any lot, parcel, or structure, or portion thereof,
which present one or more of the following conditions, either
individually or in combination, that are detrimental to the public health,
safety, and welfare or which significantly diminish the value, use, and
enjoyment of surrounding properties and which said conditions
specifically include the following:
a) Dilapidated or Deteriorated Structures: Structures that are
unsafe, unsanitary, or unfit for human habitation or use due to
structural defects, faulty wiring, inadequate plumbing, lack of
maintenance, or damage from fire, flood, other causes, to the
extent that they constitute a hazard to the public or to
occupants.
b) Unsecured Structures: Structures that are open, unsecured, and
easily accessible by unauthorized persons, create a risk of
fire, vandalism, criminal activity, or injury.
c) Accumulation of Rubbish, Debris, and Waste: The presence
of trash, garbage, junk, discarded materials, wrecked or
inoperable vehicles, or other refuse that is visible from a public
right-of-way or adjacent property and create an unsanitary
condition, harborage for vectors, or an unsightly appearance.
d) Overgrown Weeds or Vegetation: Uncontrolled growth of
weeds, grass, vines, or other vegetation exceeding twelve
(12) inches in height (except for cultivated gardens or naturally
wooded areas properly maintained) which creates a fire
hazard, conceals refuse, harbors vermin, or is unsightly.
e) Inoperable or Discarded Vehicles: The presence of vehicles,
trailers, or any other machinery that are apparently inoperable,
partially dismantled, wrecked, or without current license plates,
parked or stored on private property for an extended period,
visible from a public right-of-way, and not located within an
enclosed structure. This does not apply to vehicles in active
repair by licensed businesses.
f) Unsafe or Hazardous Conditions: Any condition on the property
that presents a clear and present danger to persons or
property, including but not limited to open excavations,
dangerous walls or fences, unsecure swimming pools, or
unprotected hazardous materials.
g) Lack of Maintenance: Persistent or extensive neglect of the
exterior of a structure or the surrounding premises, including
but not limited to broken windows, crumbling foundations,
peeling paint, severely deteriorated roofs, or other conditions
that significantly detract from the appearance and structural
integrity.
Code Enforcement Officer: The individual(s) designated by the
Mayor of the Town of Greensburg to enforce the provisions of this
Ordinance.
Owner: The record owner of real property as shown on the current
assessment roll of the Parish of St. Helena, or any person, agent,
operator, or other entity having legal or equitable interest in the
property.

Public Nuisance: Anything that causes harm, inconvenience, or
damage to the public. As declared herein, the existence of blighted
property is a public nuisance.
SECTION 3-202. DECLARATION OF PUBLIC NUISANCE.
The town hereby declares that any property, lot, parcel, or structure
within the corporate limits exhibiting the conditions defined as "Blighted
Property" constitutes a public nuisance, detrimental to the health, safety, and
welfare of the community, and shall be subject to the abatement procedures
set forth herein.
SECTION 3-203. NOTICE AND PROCEDURE FOR ABATEMENT OF CODE
VIOLATIONS.
A. Initial Inspection and Notice of Violation:
Upon receipt of a complaint, or upon personal observation, the Code
Enforcement Officer shall inspect any property suspected of being
blighted. If the Code Enforcement Officer determines that a property
meets the definition of "Blighted Property," a "Notice of Violation" shall
be issued to the Owner of record.
The Notice of Violation shall be in writing and shall include:
A description of the property sufficient for identification.
A statement that the property has been deemed blighted and
constitutes a public nuisance.
A detailed description of the specific conditions constituting the blight.
A directive to abate the nuisance within a specified timeframe, typically
not less than thirty (30) days from the date of the notice. For
conditions posing an immediate danger to public health or safety, a
shorter abatement period may be specified.
An explanation of the Owner's right to request a hearing before the Town
Council to contest the finding of blight or the required abatement.
A statement that if the nuisance is not abated within the specified
timeframe, the Town may undertake the abatement work and assess
the costs against the property, which may become a lien against the
property.
B. Service of Notice:
The Notice of Violation shall be served upon the Owner by one or
more of the following methods:
Certified mail, return receipt requested, to the Owners last known
address.
Personal service by the Code Enforcement Officer or a law
enforcement officer.
If the Owner's address is unknown, or if service by certified mail is
returned undeliverable, the notice shall be posted conspicuously on
the blighted property itself, and a copy published in the official journal
of the town for at least two (2) consecutive weeks.
C. Request for Hearing:
The Owner shall have fifteen (15) days from the date of service or the
last publication/posting of the Notice of Violation to submit a written
request for a hearing before the Greensburg Board of
Aldermen/Greensburg Town Council to contest the Notice of Violation.

Upon receipt of a timely request, the Greensburg Board of
Aldermen/Greensburg Town Council shall schedule a hearing within
thirty (30) days and provide the Owner with written notice of the date,
time, and location of the hearing.

At the hearing, the Owner shall have the opportunity to present
evidence, call witnesses, and cross-examine witnesses. The town’s
Code Enforcement Officer shall also present evidence.
The Greensburg Board of Aldermen/Greensburg Town Council shall
make a determination based on the evidence presented and shall
issue a written decision within fifteen (15) days of the hearing. The
decision shall be final.
D. Abatement by Owner:
If no hearing is requested, or if, after a hearing, the Greensburg Board
of Aldermen/Greensburg Town Council upholds the finding of blight,
the Owner shall abate the nuisance within the timeframe specified in
the Notice of Violation a within a new timeframe set by the Greensburg
Board of Aldermen/Greensburg Town Council.
E. Abatement by Town:
If the Owner fails to abate the blighted conditions within the specified
timeframe, the Greensburg Board of Aldermen/Greensburg Town
Council may authorize the Code Enforcement Officer or a designated
contractor to enter the property and abate the nuisance. The town, its
agents, or contractors shall have the right to enter upon the proper for
the purpose of inspection, abatement, or demolition after due notice
and failure of the owner to act.
The town’s compliance officer shall keep an accurate record of the
expenses incurred in connection with the abatement work, including
administrative costs, labor, equipment, and material costs.
SECTION 3-204: TOWN RECOVERY OF COSTS AND LIEN.
A. Assessment of Costs:
The actual cost of abatement, plus an administrative fee as
determined by the Greensburg Board of Aldermen/Greensburg Town
Council (not to exceed twenty-five percent (25%) of the actual cost),
shall be charged to the Owner of the property.
A detailed statement of the costs shall be prepared and provided to
the Owner along with a demand for payment.
B. Creation of Lien:
If the charges for abatement are not paid within thirty (30) days after
demand for
payment, the Town Clerk shall prepare an affidavit of the costs,
attested to by to Mayor.
This affidavit shall be filed with the Clerk of Court and Ex-Officio
Recorder of Mortgages for the Parish of St. Helena, and upon filing,
shall operate as a lien and privilege against the property, ranking with
governmental taxes and assessment and shall be enforceable in the
same manner as tax liens.
SECTION 3-205. PENALTIES.
A. Civil Fines and Penalties.

Any Owner of property who fails to comply with a Notice of Violation
issued under this Ordinance, or who fails to abate blighted conditions
after a final determination by the Town Council, shall be subject to a
civil fine of not less than One Hundred Dollars ($100.00) nor more
than Five Hundred Dollars ($500.00) for each day the violation
continues. Each day that a violation continues after notice shall
constitute a separate offense. The imposition of penalties shall not
preclude the Town of Greensburg from pursuing abatement and cost
recovery as provided herein.

B. Criminal Penalties.
Nothing contained herein shall pre-empt or nullify any criminal
prosecution of individuals and/or entities violating La. R.S. 14:107.3 of
the Louisiana Criminal Code entitled criminal Blighting of Property.
SECTION 3-206. GOVERNING STATE LAW.
These provisions of the Code of Ordinances of the Town of
Greensburg are adopted pursuant to La. R. S. 13:2575 and La. R.S. 13:2576
as currently adopted and any amendments thereto.
BE IT FURTHER ORDAINED by the Board of Aldermen of the Town of
Greensburg that this ordinance shall take effect upon its promulgation as
required by Louisiana law.
Upon the introduction of this ordinance at a regular meeting of the
board of aldermen held on August 12, 2025, the Town Clerk, Kaycee Bridges,
was directed and shall cause to be published in the official journal of the Town
of Greensburg, The Tangi Times and shall post this same notice on the Town
of Greensburg's Facebook site, a certain official notice to the public of the
introduction of this ordinance with a complete copy of this ordinance as
introduced on August 12, 2025, and the setting of a public hearing and final
vote thereon by the Board of Aldermen of the Town of Greensburg at a regular
meeting held on September 9, 2025. Written documentation of the
publication of such notice of introduction shall be retained in the Town of
Greensburg's records and shall be submitted to the Board of Aldermen of the
Town of Greensburg at the regular meeting held on September 9, 2025.
The above and foregoing ordinance having been duly submitted to the
Board of Aldermen of the Town of Greensburg in writing; discussed at a duly
scheduled and noticed public hearing; after motion and second was submitted
to the official vote of the Board of Aldermen of the Town of Greensburg, as
follows:
The motion to adopt this ordinance was made by ______________
and seconded by ___________________.
The vote thereon was as follows:
YEAS: 1)__________________
2)__________________
3)__________________
4)__________________
5)__________________
NAYS: 1)__________________

2)__________________
3)__________________
NOT VOTING: 1)__________________
2)__________________
ABSENT: 1)__________________
2)__________________

BE IT FURTHER ORDAINED that this ordinance is a codal ordinance
and shall take effect thirty (30) days after being promulgated as provided by
law, being by publication of a notice of its passage one (1) time in The Tangi
Times, the official journal of the Town of Greensburg along with a complete
copy of this ordinance one (1) time.
BE IT FURTHER ORDAINED that a notice of the passage of this
ordinance shall also be posted with a complete copy of this ordinance, as
adopted, on the Town of Greensburg's Facebook site.

WHEREUPON the above and foregoing ordinance was declared duly
adopted on this _____ day of September in the year of our Lord and Savior
two thousand and twenty five (2025) at Greensburg, St. Helena Parish,
Louisiana.

______________________________
Nicholas Ray Carruth
Mayor
Town of Greensburg

ATTEST:
_________________________
Kaycee Bridges
Clerk
Town of Greensburg