§ 82-321. Penalties and procedures for violations; appeal.

(a)

The imposition of administrative penalties and fees and the appeal of such penalties and fees shall be in accordance with chapter 6, entitled administrative procedures, of this Code.

(b)

Length of penalties. Each day that the owner, contractor or responsible person remains in violation shall constitute a separate violation.

(c)

Alternative penalty. The civil adjudication bureau may suspend the penalty imposed upon the condition that the responsible party attend and complete a training course approved by the state department of health and/or the Louisiana Department of Environmental Quality in lead-related construction supervision and project monitoring. Any such course must be taken and completed within 30 days of the hearing held pursuant to chapter 6 of this Code as provided for in paragraph (a) of this section. The failure of the responsible party to submit proof of attendance and satisfactory completion of the course, including certification from the instructor or provider of the course, shall result in the penalty and any fees becoming immediately due and payable.

(d)

The filing of false information with the director, by any owner, contractor, or other such person shall be punishable by a fine of not more than $500.00 or imprisonment of not more than 180 days, or both.

(e)

Applicability. The election set forth in section 82-320(i) shall only be available to persons who have not previously completed such a training course, and who have not been previously found by the director to be in violation of this article.

(f)

No obligation by city. In undertaking the enforcement of this article, the city is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.

(g)

Discretionary duty. Subject to the limitations of due process, notwithstanding any other provision of this code whenever the words "shall" or "must" are used in establishing a responsibility or duty of the city, its elected or appointed officers, employees, or agents, it is the legislative intent that such words establish a discretionary responsibility or duty requiring the exercise of judgment and discretion.

(h)

Severability. If any section, paragraph, sentence, clause or phrase of this article is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this article. The city council declares that it would have passed each section, paragraph, sentence, clause or phrase of this article irrespective of the fact that any portion of this article could be declared unconstitutional, invalid or ineffective.

(Ord. No. 20,345, § 1, 9-6-01)