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 New Orleans
 Code of Ordinances
 Chapter 82. HEALTH AND SANITATION
 Article IX. MOSQUITOES AND FLIES

  § 82-356. Abatement.  

Latest version.

  • (a)

    Abatement by owner. Upon notification of violation, as provided in this article, the owner or occupant of the land, structure or premises, or person with apparent right of possession, or person acting on his or her behalf, shall abate the artificially induced mosquito breeding area and/or prohibited activity or condition by removing the offending matter or taking corrective action to abate said artificially induced mosquito breeding area and/or prohibitive activity or condition within five calendar days of the receipt of the notice.

    (b)

    Abatement by the city. Notwithstanding whether any injunctive or other judicial relief is petitioned for in accordance with this article, if the violation exists and is not abated within five calendar days of receipt of notification, the city, or persons acting under its authority, are hereby authorized to take corrective action to abate the artificially induced mosquito breeding area, at the owner or occupant of the land, structure or premises, or person with apparent right of possession's expense without further notice. Corrective actions may include the application of pesticides or use of biological control agents in accordance with label directions or conduct source reduction.

    (c)

    Should the owner or occupant of the land, structure or premises, or person with apparent right of possession fail to abate or cause a premises to be abated within five calendar days of receipt of notification, he or she shall be responsible for all costs of performing such abatement, which includes all expenses, fines, penalties, interest and administrative costs. The costs shall be charged against the premises and shall be a lien upon such property. A certified copy of the statement of costs reflecting the amount of such charges shall be filed with the recorder of mortgages, which shall operate as a lien and privilege in favor of the city against the property.

    (d)

    Neither the city, nor any employee of the city, or person acting on behalf of the city shall be liable for any damages resulting from any corrective actions taken to enforce this article.

(M.C.S., Ord. No. 26901, § 1, 4-21-16)