§ 1-21. Violations within the downtown development district; penalties; enforcement; continuing violations.

(a)

This section shall apply to violations of those provisions of the Code of the City of New Orleans specified in subsection (b) herein that occur within the downtown development district ("DDD"), as defined in section 146-193 of the Code of the City of New Orleans.

(b)

This section shall apply to violations of any Code provisions subject to administrative adjudication and cited in section 6-34 of the Code of the City of New Orleans.

(c)

Anyone who fails to comply with any one or more of the provisions cited in section 6-34, or who does anything otherwise prohibited therein or fails to do anything required therein, shall be subject to one or more of the following penalties:

(i)

A fine of no more than $500.00 per violation;

(ii)

Imprisonment of not more than six months;

(iii)

Placement of a lien, pursuant to section 6-39, against the immovable property upon which the violation exists;

(iv)

Any other penalty provided for in the Code of the City of New Orleans that applies to said violation.

Each day that a violation of one of the provisions cited in section 6-34 continues within the downtown development district shall constitute a separate offense.

After 30 days from the initial notice of violation to the owner and/or violator, in addition to any other fines or penalties provided for herein, the downtown development district is hereby authorized to seek any and all legal remedies, including, without limitation, injunctive proceedings against the owner and/or violator.

(d)

The downtown development district and/or any interested party shall inform the department of safety and permits, the department of health, the department of sanitation, the New Orleans Police Department and/or any other appropriate department or agency of instances which warrant the issuance of citations for noncompliance with the code provisions cited in section 6-34. The DDD and/or any interested party shall also inform the central business district historic district landmarks commission ("CBDHDLC") of noncompliance within any historic district. Violations shall be brought by the appropriate department or agency to the administrative adjudication hearing officer for hearing and decision in accordance with the provisions of chapter 6 of the Code of the City of New Orleans.

(i)

The downtown development district may hire one or more full- or part-time hearing officers for the purpose of hearing health, sanitation, building, zoning, housing and environmental offenses for citations issued within the district. The salary of the hearing officer(s) shall be paid by the downtown development district. The hearing officer(s) shall be trained by the law department of the city, pursuant to a cooperative endeavor agreement with the city. The cooperative endeavor agreement shall additionally provide for the empowerment of the hearing officer(s) pursuant to the provisions of section 6-33 of the City Code. In the alternative, the mayor is hereby authorized to appoint one or more full- or part-time administrative hearing officers, pursuant to chapter 6 of the Code of the City of New Orleans, who shall be dedicated exclusively to matters within the downtown development district, and whose salary shall be paid by the downtown development district pursuant to a cooperative endeavor agreement with the city. The mayor is expressly authorized to enter into such cooperative endeavor agreement(s) for terms exceeding one year.

(ii)

In the event that a hearing officer is hired by the downtown development district, or by the city to handle downtown development district matters, all violations of the provisions of section 6-34 that occur within the downtown development district shall be heard and decided by the said hearing officer(s), in accordance with chapter 6 of the Code of the City of New Orleans. In the event that the hearing officer has a conflict of interest that prohibits him/her from hearing a matter within the downtown development district, the matter may be assigned to another administrative hearing officer for hearing and decision.

(iii)

The downtown development district is authorized to hire one or more full- or part-time inspectors to perform health, sanitation, building, zoning, housing and environmental inspections of properties located within the district. The salary of the inspector(s) shall be paid by downtown development district. Inspector(s) shall be trained by the appropriate city departments(s), and empowered to act by the appropriate authority, pursuant to a cooperative endeavor agreement with the city. In the alternative, the department of safety and permits is hereby authorized to hire and/or designate one or more full- or part-time inspectors who shall be dedicated exclusively to matters within the downtown development district, and whose salary shall be paid by the downtown development district pursuant to a cooperative endeavor agreement with the city. The mayor is expressly authorized to enter into such cooperative endeavor agreement(s) for terms exceeding one year.

(M.C.S., Ord. No. 22662, § 1, 6-7-07)