310 West 2nd Street
P.O. Box 5418
Thibodaux, LA 70302
985-446-7218
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Office: (985) 446-7200
310 West Second St.
P.O. Box 5418
Thibodaux, Louisiana 70302

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City of Thibodaux, LA

           

OFFICIAL MINUTES OF THE CITY COUNCIL
CITY OF THIBODAUX
CITY HALL
THIBODAUX, LOUISIANA
SEPTEMBER 7, 2004

          

The City Council of the City of Thibodaux assembled in regular session at its regular meeting place, City Hall, 310 West 2nd Street, Thibodaux, Louisiana, on Tuesday, September 7, 2004 at 5:00 o’clock P.M.

 

            There were present:  Councilmen Gene Richard, Winston, Dee Richard and Mire.

 

            Councilman Swanner was absent.

 

            There were also present:  Mayor Charles Caillouet and Germaine Jackson, City Attorney.

 

            The minutes of the August 17, 2004 Council meeting were approved as written.

 

            The Lafourche Parish Assessor’s Office has notified the City that it is now time to consider the adoption of an ordinance levying the City’s millage assessments for the year 2004.

 

            Councilman Dee Richard introduced an ordinance to levy Ad Valorem Tax Millages for the year 2004.  The public hearing on this ordinance is scheduled for the October 5, 2004 City Council meeting.

 

            Councilman Dee Richard introduced an ordinance to roll forward the Ad Valorem Taxes for the year 2004.  The public hearing on this ordinance is scheduled for the October 5, 2004 City Council meeting.

 

            The City’s existing five (5) year contract with Solid Waste Disposal, Inc. (SWDI) will expire in February 2005.  The Mayor has been in negotiations with SWDI to secure a new five (5) year contract for the period October 1, 2004 to September 30, 2009.

 

            Councilman Gene Richard introduced an ordinance authorizing the Mayor to execute a contract with SWDI for the collection, transportation and disposal of solid waste.  The public hearing on this ordinance will be held at the September 21, 2004 City Council meeting.

 

            The Grants Director has informed the Council Administrator that the State Department of Social Service and HUD have approved funding for the City’s participation in the Emergency Shelter Grants Program in the amount of $19,475.

 

            Councilman Winston introduced an ordinance authorizing the Mayor to sign a grant agreement with the LA State Department of Social Services for an Emergency Shelter Grant.  The public hearing on this ordinance will be held at the September 21, 2004 City Council meeting.

 

            The Administration has informed the Council Administrator that the City is planning for the installation of a new waterline and hydrant near Arms Street and Plantation Road.  In order to proceed with this project, the City must acquire a right-of-way for the construction and maintenance of the line and hydrant.

 

            Councilman Gene Richard introduced an ordinance authorizing the Mayor to execute a Right-of-Way Agreement with Ridgefield, Inc.  The public hearing on this ordinance will be held at the September 21, 2004 City Council meeting.

 

            The State of Louisiana’s Restoration Tax Abatement Program provides property owners with incentives to restore structures that are located within Historic, Developmental and Economic Districts.  This program provides the property owners who expand, restore, improve or develop an existing structure, the right for five years after completion of the work to pay ad Valorem taxes based on the assessed valuation of the property prior to the commencement of the project.

 

            An application for participation in this program has been filed with the State for improvements to the structure located at 102 St. Louis Street.  The project, which has been designated as Application No. 2004-0407-56 does meet the criteria for participation, and the application must be approved by the City Council.

 

             On motion of Councilman Dee Richard, seconded by Councilman Winston, the Council voted to adopt a resolution approving the application for participation in the restoration Tax Abatement program for the structure located at 102 St. Louis Street.  Upon roll call the vote was as follows:

 

            YEAS: Councilmen G. Richard, Winston, D. Richard and Mire

            NAYS: None

            ABSENT: Councilman Swanner

 

RESOLUTION NO. 1065

 

            BE IT RESOLVED by the City Council of the City of Thibodaux in regular session assembled, that:

 

            WHEREAS, the Restoration Tax Abatement Program has been created by the Electors of the State of Louisiana as Act 445 of 1983, and amended in Act 873 of 1984, Article VII, Part II, Section 21 (H) of the Louisianan Constitution and Louisiana R.S. 47: 4311-4319, to authorize the Board of Commerce and Industry, with the approval of the Governor and the local governing authority and in accordance with procedures and conditions provided by law, to enter into a contract granting property owners who propose the expansion, restoration, improvement or development of an existing structure or structures in a downtown development district, historic district, or economic development district, established in accordance with law, the right to pay ad valorem taxes based upon the assessed valuation of property prior to the commencement of the expansion, restoration, improvement or development, and

 

            WHEREAS, the City of Thibodaux desires to promote economic activity, create and retain job opportunities, and improve the tax base through the City for the benefit of all citizens, and

 

            WHEREAS, it is the desire of the City Council to foster the continued growth and development (and redevelopment) of the City to the continued prosperity and welfare of the City, and

 

            WHEREAS, the Thibodaux City Council at it’s September 7, 2004 meeting recommended approval with regard to participation in the aforementioned tax program.

 

            NOW, THEREFORE BE IT RESOLVED by the City of Thibodaux in due, regular and legal session convened that the City Council hereby approves Restoration Abatement Program Application/Renewal Application Number 2004-0407-56 for participation in the Restoration Tax Abatement Program.

 

            BE IT FURTHUR RESOLVED that if any provision or item of this resolution or the application/renewal application thereof is held invalid, such invalidity shall not affect other provisions, items or applications of this resolution which ban be given effect without invalid provisions, items of application and to this end the provisions of this resolution are hereby declared severable.

           

            The above resolution having been submitted to a vote, the vote thereon was as follows:

 

            YEAS: Councilman G. Richard, Winston, D. Richard and Mire

            NAYS: None

            ABSTAIN: None

            ABSENT: Councilman Swanner

 

            And the above resolution was declared adopted this 7th day of September 2004.

 

/s/Tommy Eschete                                                        /s/Chad J. Mire

Tommy Eschete, Council Adm.                         Chad J. Mire, President

 

            The Federal Programs Director has informed the Council Administrator that the Mayor has requested that Bourgeois Bennett prepare a professional services contract authorizing the firm to submit financial statements on behalf of the City’s Section 8 Housing Program to the HUD Real Estate Assessment Center.  In accordance with the proposed contract the City would pay basic fees to the firm in an amount between $2,200 to $3,000 depending on the actual amount of time taken to complete the submission.

 

            On motion of Councilman Dee Richard, seconded by Councilman Gene Richard, the Council voted to adopt a resolution authorizing the Mayor to execute a professional services contract with Bourgeois Bennett.  Upon roll call the vote was as follows:

 

            YEAS: Councilmen G. Richard, Winston, D. Richard and Mire

            NAYS: None

            ABSENT: Councilman Swanner

 

RESOLUTION NO.  1066

 

 

                                     A RESOLUTION AUTHORIZING THE MAYOR

                                     TO SIGN AN PROFESSIONAL SERVICES CONTRACT

            WITH BOURGEOIS BENNETT

 

 

     BE IT RESOLVED by the City Council of the City of Thibodaux in regular session assembled, that:

 

     WHEREAS, in conjunction with the City’s Section 8 Rental Assistance Program, the City must submit unaudited financial information to the Real Estate Assessment Center (REAC) of HUD; and

 

     WHEREAS, the Mayor has selected Bourgeois Bennett to prepare and submit the financials to REAC as required by HUD; and

 

    WHEREAS, it is necessary to execute a professional services contract with Bourgeois Bennett for the services to be rendered in conjunction with this submission.

 

     NOW, THEREFORE BE IT RESOLVED by the City Council that the Mayor be and is hereby authorized to execute a professional services contract with Bourgeois Bennett for the services rendered to the City in conjunction with the submission to the HUD Real Estate Assessment Center.

 

     BE IT FURTHER RESOLVED that a copy of the said agreement is attached hereto as "Exhibit A" and thereby made a part hereof.

 

     The above resolution having been submitted to a vote, the vote thereon was as follows:

 

     YEAS:  Councilmen G. Richard, Winston, D. Richard and Mire

     NAYS: None

     ABSTAIN: None

     ABSENT: Councilman Swanner

 

     And the above resolution was declared adopted this 7th day of September 2004.

 

/s/Tommy Eschete                                                        /s/Chad J. Mire

Tommy Eschete, Council Adm.                         Chad J. Mire, President

 

            The City administers the Section 8 Rental Assistance Program funded through the U.S. Department of Housing and Urban Development.  In 1998 HUD required that all Section 8 Programs adopt a PHA (Public Housing Agency) plan in accordance with the provisions of the Quality Housing and Work Responsibility Act.

 

            The City’s Federal Programs Director has compiled a new five-year PHA plan for fiscal years 2005-2009 so as to comply with the aforesaid Federal legislation.  In order for HUD to recognize this plan as the City’s Official Plan, it must be approved and adopted by the City Council.

 

            On motion of Councilman Dee Richard, seconded by Councilman Gene Richard, the Council voted to adopt a resolution adopting the five-year PHA plan for the City’s Section 8 Rental Assistance Program.  Upon roll call the vote was as follows:

 

            YEAS: Councilmen G. Richard, Winston, D. Richard and Mire

            NAYS: None

            ABSENT: Councilman Swanner

 

RESOLUTION NO. 1067

 

 

     BE IT RESOLVED by the City Council of the City of Thibodaux in regular session assembled, that:

 

     WHEREAS, Section 511 of the Quality Housing and Work Responsibility Act of 1998 imposes certain requirements on public housing agencies; and

 

     WHEREAS, the requirements include the preparation of a five-year plan to be submitted to the U.S. Department of Housing and Urban Development; and

 

     WHEREAS, the City of Thibodaux, Section 8 Rental Assistance Program has completed such a plan, made it available for public review and comment, and conducted a public hearing on August 9, 2004 in accordance with the said regulations; and

 

     WHEREAS, no comments were received from the public regarding the plan; and

 

     NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Thibodaux does hereby adopt the HUD Five-Year PHA Plan for Fiscal Years 2005-2009 and does authorize the Mayor to sign all certifications and documents for submission to the U.S. Department of Housing and Urban Development.

 

     The above resolution having been submitted to a vote, the vote thereon was as follows:

 

     YEAS: Councilmen G. Richard, Winston, D. Richard and Mire

     NAYS: None

     ABSTAINED: None

     ABSENT: Councilman Swanner

 

     And the above resolution was declared adopted this 7th day of September 2004.

 

/s/Tommy Eschete                                /s/Chad J. Mire

Tommy Eschete, Council Adm.                         Chad J. Mire, President

 

            The Project Engineer has advised the Council Administrator that it is necessary for the City Council to consider approving Change Order No. 1 for the Trickling Filter Media Replacement Project.  This change order is being proposed in order to adjust the contract price as a result of the installation of fiberglass grating not included in the original project specifications.  This change order would increase the contract price by $5,746.09 thereby making the final contract price $301,746.09.

 

            On motion of Councilman Gene Richard, seconded by Councilman Dee Richard, the Council voted to adopt a resolution approving Change Order No. 1 for the Replacement of the Trickling Filter Media Project at the sewer treatment plant.  Upon roll call the vote was as follows:

 

            YEAS: Councilmen G. Richard, Winston, D. Richard and Mire

            NAYS: None

            ABSENT: Councilman Swanner

 

RESOLUTION NO. 1068

 

 

A RESOLUTION AUTHORIZING THE MAYOR TO SIGN CHANGE ORDER #1 WITH SEALEVEL CONSTRUCTION FOR THE TRICKLING FILTER MEDIA REPLACEMENT PROJECT

 

 

     BE IT RESOLVED by the City Council of the City of Thibodaux in regular session assembled, that:

 

     WHEREAS, the City entered into a contract with Sealevel Construction Company for the replacement of the trickling filter media at the Sewer Treatment Plant; and

 

     WHEREAS, due to the reconciliation of all contract quantities which includes the addition of installation of fiberglass grating, the execution of a change order is required; and

 

     WHEREAS, the proposed change order increases the contract price in the amount of  $5,746.09 under the original contract bid for a final contract price of $301,746.09.

 

     NOW, THEREFORE BE IT RESOLVED by the City Council that the Mayor be and is hereby authorized to execute Change Order No. 1 with Sealevel Construction Company in the amount mentioned above.

 

     BE IT FURTHER RESOLVED that a copy of the said change order is attached hereto as "Exhibit A" and thereby made a part hereof.

 

     The above resolution having been submitted to a vote, the vote thereon was as follows:

 

     YEAS:  Councilmen G. Richard, Winston, D. Richard and Mire

     NAYS: None

     ABSTAINED: None

     ABSENT: Councilman Swanner

 

     And the above resolution was declared adopted this 7th day of September 2004.

 

/s/Tommy Eschete                                                        /s/Chad J. Mire

Tommy Eschete, Council Adm.                                     Chad J Mire, President

 

            The Project Engineer has advised the Council Administrator that it is necessary for the Council to consider the approval of Change Order No. 1 for the Peltier Park Improvement Project.  This change order is being proposed in order to adjust the contract price as a result of the reduction in the amount of fencing and gates that were included in the original project specifications.  The change order would decrease the contract price by $9,128.60 thereby making the final contract price $293,548.45.

 

            On motion of Councilman Gene Richard, seconded by Councilman Winston, the Council voted to adopt a resolution approving Change Order No. 1 for the Peltier Park Improvement Project.  Upon roll call the vote was as follows:

 

            YEAS: Councilmen G. Richard, Winston, D. Richard and Mire

            NAYS: None

            ABSNET: Councilman Swanner

 

RESOLUTION NO. 1069

 

 

A RESOLUTION AUTHORIZING THE MAYOR TO SIGN CHANGE ORDER #1 WITH SEALEVEL CONSTRUCTION FOR THE PELTIER PARK IMPROVEMENTS PROJECT

 

 

     BE IT RESOLVED by the City Council of the City of Thibodaux in regular session assembled, that:

 

     WHEREAS, the City entered into a contract with Sealevel Construction Company for the Peltier Park Improvements Project; and

 

     WHEREAS, due to the reconciliation of all contract quantities which includes the reduction of fencing and gates, the execution of a change order is required; and

 

     WHEREAS, the proposed change order decreases the contract price in the amount of  $9,128.60 under the original contract bid for a final contract price of $293,548.45.

 

     NOW, THEREFORE BE IT RESOLVED by the City Council that the Mayor be and is hereby authorized to execute Change Order No. 1 with Sealevel Construction Company in the amount mentioned above.

 

     BE IT FURTHER RESOLVED that a copy of the said change order is attached hereto as "Exhibit A" and thereby made a part hereof.

 

     The above resolution having been submitted to a vote, the vote thereon was as follows:

 

     YEAS: Councilmen G. Richard, Winston, D. Richard and Mire

     NAYS: None

     ABSTAINED: None

     ABSENT: Councilman Swanner

 

     And the above resolution was declared adopted this 7th day of September 2004.

 

/s/Tommy Eschete                                                        /s/Chad J. Mire

Tommy Eschete, Council Adm.                                     Chad J Mire, President

 

            The Project Engineer has advised the Council Administrator that it is necessary for the City Council to consider the approval of Change Order No. 1 for the North Thibodaux Outfall Canal Drainage Improvement Project.  This change order is being proposed in order to adjust the contract price as a result of additional work required in order to cross a gas main located on the project site.  The change order would increase the contract price by $9,079.64 thereby making the final contract price $85,785.64.

 

            On motion of Councilman Dee Richard, seconded by Councilman Winston, the Council voted to adopt a resolution approving Change Order No. 1 for the North Thibodaux Outfall Canal Drainage Improvement Project.  Upon roll call the vote was follows:

 

            YEAS: Councilmen G. Richard, Winston, D. Richard and Mire

            NAYS: None

            ABSENT: Councilman Swanner

 

The Parks Director has informed the Council Administrator that the Mayor has requested that Picciola and Associates, inc. prepare an engineering contract for the design of improvements to Andolsek Park.  The proposed improvements will include site preparation and the construction of soccer fields and an aggregate parking area.  In accordance with the provisions of the contract, the City would pay basic engineering design fees in a lump sum amount of $19,330 along with actual additional services rendered in conjunction with the rate schedule included in the contract documents.     

 

             On motion of Councilman Dee Richard, seconded by Councilman Mire, the Council voted to adopt a resolution authorizing the Mayor to execute an engineering contract with Picciola and associates, Inc. for the design of improvements to Andolsek Park.  Upon roll call the vote was as follows:

 

            YEAS: Councilmen G. Richard, Winston, D. Richard and Mire

            NAYS: None

            ABSENT: Councilman Swanner

 

RESOLUTION NO.  1071

 

                                    A RESOLUTION AUTHORIZING THE MAYOR

                                     TO SIGN AN ENGINEERING CONTRACT WITH

PICCIOLA AND ASSOCIATES FOR THE DESIGN

OF IMPROVEMENTS TO ANDOLSEK PARK

 

     BE IT RESOLVED by the City Council of the City of Thibodaux in regular session assembled, that;

 

     WHEREAS, the City is planning to construct improvements to the park area designated as Andolsek Park; and

 

     WHEREAS, the Mayor has selected Picciola and Associates to perform the design and supervise the construction of the said project; and

 

    WHEREAS, it is necessary to execute a contract with the said engineering firm for the services to be rendered in conjunction with this project.

 

     NOW, THEREFORE BE IT RESOLVED by the City Council that the Mayor be and is hereby authorized to execute an engineering contract with Picciola and Associates for the design of the improvements to Andolsek Park.

 

     BE IT FURTHER RESOLVED that a copy of the said contract is attached hereto as "Exhibit A" and thereby made a part hereof.

 

     The above resolution having been submitted to a vote, the vote thereon was as follows:

 

     YEAS: Councilmen G. Richard, Winston, D. Richard and Mire

     NAYS: None

     ABSTAIN: None

     ABSENT: Councilman Swanner

 

     And the above resolution was declared adopted this 7th day of September 2004.

 

/s/Tommy Eschete                                                        /s/Chad J. Mire

Tommy Eschete, Council Adm.                         Chad J. Mire, President

 

            The Grants Director has informed the Council Administrator that the US Department of Transportation and the FAA have notified her that the City has been awarded a grant to fund improvements to the Thibodaux Municipal Airport.  The purpose of the grant is to overlay the runway and hard surface the existing aggregate airport access road. 

 

            The FAA has informed the City that the grant offered to the City for this project is $514,800, which is 95% of the total estimated cost.  The City currently has acquired $18,000 in matching funds from LA DOTD for the same project.

 

            On motion of Councilman Dee Richard, seconded by Councilman Winston, the Council voted to adopt an ordinance authorizing the Mayor to sign a Grant Agreement with the Federal Aviation Administration for the overlay of the runway and apron at the Thibodaux Municipal Airport.  Upon roll call the vote was as follows:

 

            YEAS: Councilmen G. Richard, Winston, D. Richard and Mire

            NAYS: None

            ABSENT: Councilman Swanner

 

ORDINANCE NO.  2220

 

                                    AN ORDINANCE AUTHORIZING THE MAYOR TO SIGN A

GRANT AGREEMENT WITH THE FEDERAL AVIATION

ADMINISTRATION FOR THE OVERLAY OF THE RUNWAY

& APRON AT THE THIBODAUX MUNICIPAL AIRPORT

 

 

BE IT ORDAINED by the City Council of the City of Thibodaux in regular session assembled, that:

 

WHEREAS, the U.S. Department of Transportation and the Federal Aviation Administration issue grants for improvements to local municipal airports; and

 

WHEREAS, the City of Thibodaux has requested funding assistance from the FAA to overlay runway 8/26 and the aircraft parking apron with asphaltic concrete; and

 

WHEREAS, the stated project has been approved by the FAA for the implementation of this project and desires to cooperate with the City of Thibodaux according to the terms and conditions identified in the attached Agreement; and

 

WHEREAS, the FAA will provide up to 95% of the necessary funding, with a grant award offering of $514,800 for all eligible expenses incurred in conjunction with the aforesaid project; and

WHEREAS, it is necessary for the City to execute a grant agreement with the FAA by August 25, 2004 the said in order for the grant ward to be valid.

 

NOW, THEREFORE BE IT ORDIANED by the City Council of the City of Thibodaux that it does hereby ratify the Mayor’s execution of a grant agreement with the FAA for Project No. 3-22-0072-001-2004 at the Thibodaux Municipal Airport, more fully identified in the Agreement attached hereto.

 

BE IT FURTHER ORDAINED that a certified copy of the said agreement is attached hereto as Exhibit “A” and thereby made a part hereof.

 

The above ordinance having been submitted to a vote, the vote thereon was as follows:

 

YEAS: Councilmen G. Richard, Winston, D. Richard and Mire

NAYS: None

ABSTAINED: None

ABSENT: Councilman Swanner

 

And the above ordinance was declared adopted this 7th day of September 2004

 

/s/Tommy Eschete                                                                    /s/Chad J. Mire

Tommy Eschete, Council Adm.                                     Chad J. Mire, President

 

            A public hearing was then held on an ordinance to set regulations for vacant buildings in the City.  The proposed ordinance is designed top regulate the condition of those buildings that are vacant but not dilapidated or abandoned.  The proposed ordinance defines a vacant building and dictates the condition in which it is to be maintained by the owner so as not to pose a nuisance or safety threat to the residents living near the buildings.

 

            The proposed ordinance also provides that the City can give notice to the owner if the condition of the building does not comply with the City regulations.  This notice will require the owner to bring the building into compliance or the City will take the actions necessary to do so and bill the owner for the costs incurred.

 

            On motion of Councilman Dee Richard, seconded by Councilman Winston, the Council voted to adopt an ordinance to amend and re-enact Chapter 6 of the Thibodaux City Code of Ordinances so as to add Section 6-4 entitled “Vacant Buildings”.  Upon roll call the vote was as follows:

 

            YEAS: Councilmen G. Richard, Winston, D. Richard and Mire

            NAYS: None

            ABSENT: Councilman Swanner

 

ORDINANCE NO.  2221

 

                        AN ORDINANCE TO AMEND AND RE-ENACT CHAPTER 6

                        OF THE THIBODAUX CITY CODE OF ORDIANANCES SO

                        AS TO ADD SECTION 6-4 ENTITLED “VACANT BUILDINGS”

 

 

BE IT ORDAINED by the City Council of the City of Thibodaux in regular session assembled, that:

 

WHEREAS, the City of Thibodaux finds that vacant and abandoned buildings create health hazards for the surrounding community by providing shelter for stray animals, rats and other vermin; and

 

            WHEREAS, these vacant and abandoned buildings become a breeding ground for illegal activity, crime and jeopardize the safety of neighboring property owners, and the general public; and

 

            WHEREAS, the general deterioration of unsecured vacant buildings jeopardize the insurance coverage and market value of adjacent properties; and

 

            WHEREAS, police and firefighting personnel are at risk when entering these vacant buildings that are often structurally unsafe; and

 

            WHEREAS, The City will now require building owners to take reasonable steps to secure their vacant properties.

 

            NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Thibodaux that Chapter 6 of the Thibodaux City Code of Ordinances is hereby amended and re-enacted so as to add Sub-Section 6-4 to read as follows:

 

 Sec. 6-4. Vacant Buildings -- Owner Required To Act -- Enforcement Authority.

 

(a)     “Vacant building” defined.  For purposes of this section, "vacant building" means a building which is not actually occupies by its owner, lessee or other invitee, or at which substantially all lawful business operations or residential occupancy has ceased, or which is substantially devoid of content, that has been left unsecured or inadequately secured from unauthorized entry to the extent that the premises may be entered and utilized by vagrants or other uninvited persons as a place of harborage, or any premises which by reason of dilapidation, deterioration, state of disrepair, or other such status is otherwise detrimental to or endangers public safety, health, or welfare. 

 

(b)   Duties of Owner.  The owner or registered agent of the owner of any building that has become vacant shall, maintain the vacant building as follows:

 

Lawns and landscaping shall be kept mowed, maintained and trimmed.

All building exteriors shall have adequate weather protection, including paint and finish in good condition.

All buildings and grounds must be secured against trespassers.  This includes maintaining all exterior doors, windows and yard fencing in a good and secured condition.

Roofs on all buildings shall be in good, weather tight condition with no leakage.

Any accumulated trash or debris must be removed from the property immediately.

 

(c)  Insurance Required.  The owner of any building that has become vacant shall maintain liability insurance, covering any damage to any person or any property caused by any physical condition of or in the building.

 

(d)   Administration.  The Building Inspector may issue rules and regulations for the administration of this section. These rules may designate board-up materials and methods which must be used when securing a building so that the boarding is reasonably incapable of being removed by trespassers or others acting without the building owner's consent. Any person who violates any provision of this section or of the rules and regulations issued hereunder shall be fined not less than $200.00 and not more than $1,000.00 for each offense. Every day that a violation continues shall constitute a separate and distinct offense.

 

(e)    Notice to Owner.  If at any time after making an inspection of a property the building inspector determines that the building is vacant and open, the building inspector shall notify the owner that the building must be enclosed and secured within thirty (30) days or the City will commence condemnation proceedings on the building.  A written statement by the building inspector setting forth the basis for his or her determination shall accompany the order.

 

(f)   City May Secure Building.  Upon failure of an owner to secure a vacant building within the required time, the City will secure the building in accordance with the established rules and regulations.  

 

(g)  Enforcement by Lien.  The cost of securing and enclosing a vacant building incurred by the City, shall be recoverable from the owner or owners and shall be a lien on the property upon which the building or structure shall also be enforceable in the same manner as liens for delinquent property taxes.  

 

            The above ordinance having been submitted to a vote, the vote thereon was as follows:

 

            YEAS: Councilmen G. Richard, Winston, D. Richard and Mire

            NAYS: None

            ABSTAINED: None

            ABSENT: Councilman Swanner

 

            And the above ordinance was declared adopted this 7th day of September 2004.

 

/s/Tommy Eschete                                                        /s/Chad J. Mire

Tommy Eschete, Council Adm.                         Chad J. Mire, President

 

            Billy Tauzin introduced himself as a candidate for Congress.  He briefly discussed his platform and offered anyone with questions concerning his campaign to contact him to discuss their questions or concerns.

 

            There being no further business, the meeting was adjourned.

 

 

 

___________________________                              __________________________
Tommy Eschete, Council Adm.                                Chad J. Mire, President

 

 

 

 
 
     
 
City of Thibodaux, LA

           

OFFICIAL MINUTES OF THE CITY COUNCIL
CITY OF THIBODAUX
CITY HALL
THIBODAUX, LOUISIANA
SEPTEMBER 7, 2004

          

The City Council of the City of Thibodaux assembled in regular session at its regular meeting place, City Hall, 310 West 2nd Street, Thibodaux, Louisiana, on Tuesday, September 7, 2004 at 5:00 o’clock P.M.

 

            There were present:  Councilmen Gene Richard, Winston, Dee Richard and Mire.

 

            Councilman Swanner was absent.

 

            There were also present:  Mayor Charles Caillouet and Germaine Jackson, City Attorney.

 

            The minutes of the August 17, 2004 Council meeting were approved as written.

 

            The Lafourche Parish Assessor’s Office has notified the City that it is now time to consider the adoption of an ordinance levying the City’s millage assessments for the year 2004.

 

            Councilman Dee Richard introduced an ordinance to levy Ad Valorem Tax Millages for the year 2004.  The public hearing on this ordinance is scheduled for the October 5, 2004 City Council meeting.

 

            Councilman Dee Richard introduced an ordinance to roll forward the Ad Valorem Taxes for the year 2004.  The public hearing on this ordinance is scheduled for the October 5, 2004 City Council meeting.

 

            The City’s existing five (5) year contract with Solid Waste Disposal, Inc. (SWDI) will expire in February 2005.  The Mayor has been in negotiations with SWDI to secure a new five (5) year contract for the period October 1, 2004 to September 30, 2009.

 

            Councilman Gene Richard introduced an ordinance authorizing the Mayor to execute a contract with SWDI for the collection, transportation and disposal of solid waste.  The public hearing on this ordinance will be held at the September 21, 2004 City Council meeting.

 

            The Grants Director has informed the Council Administrator that the State Department of Social Service and HUD have approved funding for the City’s participation in the Emergency Shelter Grants Program in the amount of $19,475.

 

            Councilman Winston introduced an ordinance authorizing the Mayor to sign a grant agreement with the LA State Department of Social Services for an Emergency Shelter Grant.  The public hearing on this ordinance will be held at the September 21, 2004 City Council meeting.

 

            The Administration has informed the Council Administrator that the City is planning for the installation of a new waterline and hydrant near Arms Street and Plantation Road.  In order to proceed with this project, the City must acquire a right-of-way for the construction and maintenance of the line and hydrant.

 

            Councilman Gene Richard introduced an ordinance authorizing the Mayor to execute a Right-of-Way Agreement with Ridgefield, Inc.  The public hearing on this ordinance will be held at the September 21, 2004 City Council meeting.

 

            The State of Louisiana’s Restoration Tax Abatement Program provides property owners with incentives to restore structures that are located within Historic, Developmental and Economic Districts.  This program provides the property owners who expand, restore, improve or develop an existing structure, the right for five years after completion of the work to pay ad Valorem taxes based on the assessed valuation of the property prior to the commencement of the project.

 

            An application for participation in this program has been filed with the State for improvements to the structure located at 102 St. Louis Street.  The project, which has been designated as Application No. 2004-0407-56 does meet the criteria for participation, and the application must be approved by the City Council.

 

             On motion of Councilman Dee Richard, seconded by Councilman Winston, the Council voted to adopt a resolution approving the application for participation in the restoration Tax Abatement program for the structure located at 102 St. Louis Street.  Upon roll call the vote was as follows:

 

            YEAS: Councilmen G. Richard, Winston, D. Richard and Mire

            NAYS: None

            ABSENT: Councilman Swanner

 

RESOLUTION NO. 1065

 

            BE IT RESOLVED by the City Council of the City of Thibodaux in regular session assembled, that:

 

            WHEREAS, the Restoration Tax Abatement Program has been created by the Electors of the State of Louisiana as Act 445 of 1983, and amended in Act 873 of 1984, Article VII, Part II, Section 21 (H) of the Louisianan Constitution and Louisiana R.S. 47: 4311-4319, to authorize the Board of Commerce and Industry, with the approval of the Governor and the local governing authority and in accordance with procedures and conditions provided by law, to enter into a contract granting property owners who propose the expansion, restoration, improvement or development of an existing structure or structures in a downtown development district, historic district, or economic development district, established in accordance with law, the right to pay ad valorem taxes based upon the assessed valuation of property prior to the commencement of the expansion, restoration, improvement or development, and

 

            WHEREAS, the City of Thibodaux desires to promote economic activity, create and retain job opportunities, and improve the tax base through the City for the benefit of all citizens, and

 

            WHEREAS, it is the desire of the City Council to foster the continued growth and development (and redevelopment) of the City to the continued prosperity and welfare of the City, and

 

            WHEREAS, the Thibodaux City Council at it’s September 7, 2004 meeting recommended approval with regard to participation in the aforementioned tax program.

 

            NOW, THEREFORE BE IT RESOLVED by the City of Thibodaux in due, regular and legal session convened that the City Council hereby approves Restoration Abatement Program Application/Renewal Application Number 2004-0407-56 for participation in the Restoration Tax Abatement Program.

 

            BE IT FURTHUR RESOLVED that if any provision or item of this resolution or the application/renewal application thereof is held invalid, such invalidity shall not affect other provisions, items or applications of this resolution which ban be given effect without invalid provisions, items of application and to this end the provisions of this resolution are hereby declared severable.

           

            The above resolution having been submitted to a vote, the vote thereon was as follows:

 

            YEAS: Councilman G. Richard, Winston, D. Richard and Mire

            NAYS: None

            ABSTAIN: None

            ABSENT: Councilman Swanner

 

            And the above resolution was declared adopted this 7th day of September 2004.

 

/s/Tommy Eschete                                                        /s/Chad J. Mire

Tommy Eschete, Council Adm.                         Chad J. Mire, President

 

            The Federal Programs Director has informed the Council Administrator that the Mayor has requested that Bourgeois Bennett prepare a professional services contract authorizing the firm to submit financial statements on behalf of the City’s Section 8 Housing Program to the HUD Real Estate Assessment Center.  In accordance with the proposed contract the City would pay basic fees to the firm in an amount between $2,200 to $3,000 depending on the actual amount of time taken to complete the submission.

 

            On motion of Councilman Dee Richard, seconded by Councilman Gene Richard, the Council voted to adopt a resolution authorizing the Mayor to execute a professional services contract with Bourgeois Bennett.  Upon roll call the vote was as follows:

 

            YEAS: Councilmen G. Richard, Winston, D. Richard and Mire

            NAYS: None

            ABSENT: Councilman Swanner

 

RESOLUTION NO.  1066

 

 

                                     A RESOLUTION AUTHORIZING THE MAYOR

                                     TO SIGN AN PROFESSIONAL SERVICES CONTRACT

            WITH BOURGEOIS BENNETT

 

 

     BE IT RESOLVED by the City Council of the City of Thibodaux in regular session assembled, that:

 

     WHEREAS, in conjunction with the City’s Section 8 Rental Assistance Program, the City must submit unaudited financial information to the Real Estate Assessment Center (REAC) of HUD; and

 

     WHEREAS, the Mayor has selected Bourgeois Bennett to prepare and submit the financials to REAC as required by HUD; and

 

    WHEREAS, it is necessary to execute a professional services contract with Bourgeois Bennett for the services to be rendered in conjunction with this submission.

 

     NOW, THEREFORE BE IT RESOLVED by the City Council that the Mayor be and is hereby authorized to execute a professional services contract with Bourgeois Bennett for the services rendered to the City in conjunction with the submission to the HUD Real Estate Assessment Center.

 

     BE IT FURTHER RESOLVED that a copy of the said agreement is attached hereto as "Exhibit A" and thereby made a part hereof.

 

     The above resolution having been submitted to a vote, the vote thereon was as follows:

 

     YEAS:  Councilmen G. Richard, Winston, D. Richard and Mire

     NAYS: None

     ABSTAIN: None

     ABSENT: Councilman Swanner

 

     And the above resolution was declared adopted this 7th day of September 2004.

 

/s/Tommy Eschete                                                        /s/Chad J. Mire

Tommy Eschete, Council Adm.                         Chad J. Mire, President

 

            The City administers the Section 8 Rental Assistance Program funded through the U.S. Department of Housing and Urban Development.  In 1998 HUD required that all Section 8 Programs adopt a PHA (Public Housing Agency) plan in accordance with the provisions of the Quality Housing and Work Responsibility Act.

 

            The City’s Federal Programs Director has compiled a new five-year PHA plan for fiscal years 2005-2009 so as to comply with the aforesaid Federal legislation.  In order for HUD to recognize this plan as the City’s Official Plan, it must be approved and adopted by the City Council.

 

            On motion of Councilman Dee Richard, seconded by Councilman Gene Richard, the Council voted to adopt a resolution adopting the five-year PHA plan for the City’s Section 8 Rental Assistance Program.  Upon roll call the vote was as follows:

 

            YEAS: Councilmen G. Richard, Winston, D. Richard and Mire

            NAYS: None

            ABSENT: Councilman Swanner

 

RESOLUTION NO. 1067

 

 

     BE IT RESOLVED by the City Council of the City of Thibodaux in regular session assembled, that:

 

     WHEREAS, Section 511 of the Quality Housing and Work Responsibility Act of 1998 imposes certain requirements on public housing agencies; and

 

     WHEREAS, the requirements include the preparation of a five-year plan to be submitted to the U.S. Department of Housing and Urban Development; and

 

     WHEREAS, the City of Thibodaux, Section 8 Rental Assistance Program has completed such a plan, made it available for public review and comment, and conducted a public hearing on August 9, 2004 in accordance with the said regulations; and

 

     WHEREAS, no comments were received from the public regarding the plan; and

 

     NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Thibodaux does hereby adopt the HUD Five-Year PHA Plan for Fiscal Years 2005-2009 and does authorize the Mayor to sign all certifications and documents for submission to the U.S. Department of Housing and Urban Development.

 

     The above resolution having been submitted to a vote, the vote thereon was as follows:

 

     YEAS: Councilmen G. Richard, Winston, D. Richard and Mire

     NAYS: None

     ABSTAINED: None

     ABSENT: Councilman Swanner

 

     And the above resolution was declared adopted this 7th day of September 2004.

 

/s/Tommy Eschete                                /s/Chad J. Mire

Tommy Eschete, Council Adm.                         Chad J. Mire, President

 

            The Project Engineer has advised the Council Administrator that it is necessary for the City Council to consider approving Change Order No. 1 for the Trickling Filter Media Replacement Project.  This change order is being proposed in order to adjust the contract price as a result of the installation of fiberglass grating not included in the original project specifications.  This change order would increase the contract price by $5,746.09 thereby making the final contract price $301,746.09.

 

            On motion of Councilman Gene Richard, seconded by Councilman Dee Richard, the Council voted to adopt a resolution approving Change Order No. 1 for the Replacement of the Trickling Filter Media Project at the sewer treatment plant.  Upon roll call the vote was as follows:

 

            YEAS: Councilmen G. Richard, Winston, D. Richard and Mire

            NAYS: None

            ABSENT: Councilman Swanner

 

RESOLUTION NO. 1068

 

 

A RESOLUTION AUTHORIZING THE MAYOR TO SIGN CHANGE ORDER #1 WITH SEALEVEL CONSTRUCTION FOR THE TRICKLING FILTER MEDIA REPLACEMENT PROJECT

 

 

     BE IT RESOLVED by the City Council of the City of Thibodaux in regular session assembled, that:

 

     WHEREAS, the City entered into a contract with Sealevel Construction Company for the replacement of the trickling filter media at the Sewer Treatment Plant; and

 

     WHEREAS, due to the reconciliation of all contract quantities which includes the addition of installation of fiberglass grating, the execution of a change order is required; and

 

     WHEREAS, the proposed change order increases the contract price in the amount of  $5,746.09 under the original contract bid for a final contract price of $301,746.09.

 

     NOW, THEREFORE BE IT RESOLVED by the City Council that the Mayor be and is hereby authorized to execute Change Order No. 1 with Sealevel Construction Company in the amount mentioned above.

 

     BE IT FURTHER RESOLVED that a copy of the said change order is attached hereto as "Exhibit A" and thereby made a part hereof.

 

     The above resolution having been submitted to a vote, the vote thereon was as follows:

 

     YEAS:  Councilmen G. Richard, Winston, D. Richard and Mire

     NAYS: None

     ABSTAINED: None

     ABSENT: Councilman Swanner

 

     And the above resolution was declared adopted this 7th day of September 2004.

 

/s/Tommy Eschete                                                        /s/Chad J. Mire

Tommy Eschete, Council Adm.                                     Chad J Mire, President

 

            The Project Engineer has advised the Council Administrator that it is necessary for the Council to consider the approval of Change Order No. 1 for the Peltier Park Improvement Project.  This change order is being proposed in order to adjust the contract price as a result of the reduction in the amount of fencing and gates that were included in the original project specifications.  The change order would decrease the contract price by $9,128.60 thereby making the final contract price $293,548.45.

 

            On motion of Councilman Gene Richard, seconded by Councilman Winston, the Council voted to adopt a resolution approving Change Order No. 1 for the Peltier Park Improvement Project.  Upon roll call the vote was as follows:

 

            YEAS: Councilmen G. Richard, Winston, D. Richard and Mire

            NAYS: None

            ABSNET: Councilman Swanner

 

RESOLUTION NO. 1069

 

 

A RESOLUTION AUTHORIZING THE MAYOR TO SIGN CHANGE ORDER #1 WITH SEALEVEL CONSTRUCTION FOR THE PELTIER PARK IMPROVEMENTS PROJECT

 

 

     BE IT RESOLVED by the City Council of the City of Thibodaux in regular session assembled, that:

 

     WHEREAS, the City entered into a contract with Sealevel Construction Company for the Peltier Park Improvements Project; and

 

     WHEREAS, due to the reconciliation of all contract quantities which includes the reduction of fencing and gates, the execution of a change order is required; and

 

     WHEREAS, the proposed change order decreases the contract price in the amount of  $9,128.60 under the original contract bid for a final contract price of $293,548.45.

 

     NOW, THEREFORE BE IT RESOLVED by the City Council that the Mayor be and is hereby authorized to execute Change Order No. 1 with Sealevel Construction Company in the amount mentioned above.

 

     BE IT FURTHER RESOLVED that a copy of the said change order is attached hereto as "Exhibit A" and thereby made a part hereof.

 

     The above resolution having been submitted to a vote, the vote thereon was as follows:

 

     YEAS: Councilmen G. Richard, Winston, D. Richard and Mire

     NAYS: None

     ABSTAINED: None

     ABSENT: Councilman Swanner

 

     And the above resolution was declared adopted this 7th day of September 2004.

 

/s/Tommy Eschete                                                        /s/Chad J. Mire

Tommy Eschete, Council Adm.                                     Chad J Mire, President

 

            The Project Engineer has advised the Council Administrator that it is necessary for the City Council to consider the approval of Change Order No. 1 for the North Thibodaux Outfall Canal Drainage Improvement Project.  This change order is being proposed in order to adjust the contract price as a result of additional work required in order to cross a gas main located on the project site.  The change order would increase the contract price by $9,079.64 thereby making the final contract price $85,785.64.

 

            On motion of Councilman Dee Richard, seconded by Councilman Winston, the Council voted to adopt a resolution approving Change Order No. 1 for the North Thibodaux Outfall Canal Drainage Improvement Project.  Upon roll call the vote was follows:

 

            YEAS: Councilmen G. Richard, Winston, D. Richard and Mire

            NAYS: None

            ABSENT: Councilman Swanner

 

The Parks Director has informed the Council Administrator that the Mayor has requested that Picciola and Associates, inc. prepare an engineering contract for the design of improvements to Andolsek Park.  The proposed improvements will include site preparation and the construction of soccer fields and an aggregate parking area.  In accordance with the provisions of the contract, the City would pay basic engineering design fees in a lump sum amount of $19,330 along with actual additional services rendered in conjunction with the rate schedule included in the contract documents.     

 

             On motion of Councilman Dee Richard, seconded by Councilman Mire, the Council voted to adopt a resolution authorizing the Mayor to execute an engineering contract with Picciola and associates, Inc. for the design of improvements to Andolsek Park.  Upon roll call the vote was as follows:

 

            YEAS: Councilmen G. Richard, Winston, D. Richard and Mire

            NAYS: None

            ABSENT: Councilman Swanner

 

RESOLUTION NO.  1071

 

                                    A RESOLUTION AUTHORIZING THE MAYOR

                                     TO SIGN AN ENGINEERING CONTRACT WITH

PICCIOLA AND ASSOCIATES FOR THE DESIGN

OF IMPROVEMENTS TO ANDOLSEK PARK

 

     BE IT RESOLVED by the City Council of the City of Thibodaux in regular session assembled, that;

 

     WHEREAS, the City is planning to construct improvements to the park area designated as Andolsek Park; and

 

     WHEREAS, the Mayor has selected Picciola and Associates to perform the design and supervise the construction of the said project; and

 

    WHEREAS, it is necessary to execute a contract with the said engineering firm for the services to be rendered in conjunction with this project.

 

     NOW, THEREFORE BE IT RESOLVED by the City Council that the Mayor be and is hereby authorized to execute an engineering contract with Picciola and Associates for the design of the improvements to Andolsek Park.

 

     BE IT FURTHER RESOLVED that a copy of the said contract is attached hereto as "Exhibit A" and thereby made a part hereof.

 

     The above resolution having been submitted to a vote, the vote thereon was as follows:

 

     YEAS: Councilmen G. Richard, Winston, D. Richard and Mire

     NAYS: None

     ABSTAIN: None

     ABSENT: Councilman Swanner

 

     And the above resolution was declared adopted this 7th day of September 2004.

 

/s/Tommy Eschete                                                        /s/Chad J. Mire

Tommy Eschete, Council Adm.                         Chad J. Mire, President

 

            The Grants Director has informed the Council Administrator that the US Department of Transportation and the FAA have notified her that the City has been awarded a grant to fund improvements to the Thibodaux Municipal Airport.  The purpose of the grant is to overlay the runway and hard surface the existing aggregate airport access road. 

 

            The FAA has informed the City that the grant offered to the City for this project is $514,800, which is 95% of the total estimated cost.  The City currently has acquired $18,000 in matching funds from LA DOTD for the same project.

 

            On motion of Councilman Dee Richard, seconded by Councilman Winston, the Council voted to adopt an ordinance authorizing the Mayor to sign a Grant Agreement with the Federal Aviation Administration for the overlay of the runway and apron at the Thibodaux Municipal Airport.  Upon roll call the vote was as follows:

 

            YEAS: Councilmen G. Richard, Winston, D. Richard and Mire

            NAYS: None

            ABSENT: Councilman Swanner

 

ORDINANCE NO.  2220

 

                                    AN ORDINANCE AUTHORIZING THE MAYOR TO SIGN A

GRANT AGREEMENT WITH THE FEDERAL AVIATION

ADMINISTRATION FOR THE OVERLAY OF THE RUNWAY

& APRON AT THE THIBODAUX MUNICIPAL AIRPORT

 

 

BE IT ORDAINED by the City Council of the City of Thibodaux in regular session assembled, that:

 

WHEREAS, the U.S. Department of Transportation and the Federal Aviation Administration issue grants for improvements to local municipal airports; and

 

WHEREAS, the City of Thibodaux has requested funding assistance from the FAA to overlay runway 8/26 and the aircraft parking apron with asphaltic concrete; and

 

WHEREAS, the stated project has been approved by the FAA for the implementation of this project and desires to cooperate with the City of Thibodaux according to the terms and conditions identified in the attached Agreement; and

 

WHEREAS, the FAA will provide up to 95% of the necessary funding, with a grant award offering of $514,800 for all eligible expenses incurred in conjunction with the aforesaid project; and

WHEREAS, it is necessary for the City to execute a grant agreement with the FAA by August 25, 2004 the said in order for the grant ward to be valid.

 

NOW, THEREFORE BE IT ORDIANED by the City Council of the City of Thibodaux that it does hereby ratify the Mayor’s execution of a grant agreement with the FAA for Project No. 3-22-0072-001-2004 at the Thibodaux Municipal Airport, more fully identified in the Agreement attached hereto.

 

BE IT FURTHER ORDAINED that a certified copy of the said agreement is attached hereto as Exhibit “A” and thereby made a part hereof.

 

The above ordinance having been submitted to a vote, the vote thereon was as follows:

 

YEAS: Councilmen G. Richard, Winston, D. Richard and Mire

NAYS: None

ABSTAINED: None

ABSENT: Councilman Swanner

 

And the above ordinance was declared adopted this 7th day of September 2004

 

/s/Tommy Eschete                                                                    /s/Chad J. Mire

Tommy Eschete, Council Adm.                                     Chad J. Mire, President

 

            A public hearing was then held on an ordinance to set regulations for vacant buildings in the City.  The proposed ordinance is designed top regulate the condition of those buildings that are vacant but not dilapidated or abandoned.  The proposed ordinance defines a vacant building and dictates the condition in which it is to be maintained by the owner so as not to pose a nuisance or safety threat to the residents living near the buildings.

 

            The proposed ordinance also provides that the City can give notice to the owner if the condition of the building does not comply with the City regulations.  This notice will require the owner to bring the building into compliance or the City will take the actions necessary to do so and bill the owner for the costs incurred.

 

            On motion of Councilman Dee Richard, seconded by Councilman Winston, the Council voted to adopt an ordinance to amend and re-enact Chapter 6 of the Thibodaux City Code of Ordinances so as to add Section 6-4 entitled “Vacant Buildings”.  Upon roll call the vote was as follows:

 

            YEAS: Councilmen G. Richard, Winston, D. Richard and Mire

            NAYS: None

            ABSENT: Councilman Swanner

 

ORDINANCE NO.  2221

 

                        AN ORDINANCE TO AMEND AND RE-ENACT CHAPTER 6

                        OF THE THIBODAUX CITY CODE OF ORDIANANCES SO

                        AS TO ADD SECTION 6-4 ENTITLED “VACANT BUILDINGS”

 

 

BE IT ORDAINED by the City Council of the City of Thibodaux in regular session assembled, that:

 

WHEREAS, the City of Thibodaux finds that vacant and abandoned buildings create health hazards for the surrounding community by providing shelter for stray animals, rats and other vermin; and

 

            WHEREAS, these vacant and abandoned buildings become a breeding ground for illegal activity, crime and jeopardize the safety of neighboring property owners, and the general public; and

 

            WHEREAS, the general deterioration of unsecured vacant buildings jeopardize the insurance coverage and market value of adjacent properties; and

 

            WHEREAS, police and firefighting personnel are at risk when entering these vacant buildings that are often structurally unsafe; and

 

            WHEREAS, The City will now require building owners to take reasonable steps to secure their vacant properties.

 

            NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Thibodaux that Chapter 6 of the Thibodaux City Code of Ordinances is hereby amended and re-enacted so as to add Sub-Section 6-4 to read as follows:

 

 Sec. 6-4. Vacant Buildings -- Owner Required To Act -- Enforcement Authority.

 

(a)     “Vacant building” defined.  For purposes of this section, "vacant building" means a building which is not actually occupies by its owner, lessee or other invitee, or at which substantially all lawful business operations or residential occupancy has ceased, or which is substantially devoid of content, that has been left unsecured or inadequately secured from unauthorized entry to the extent that the premises may be entered and utilized by vagrants or other uninvited persons as a place of harborage, or any premises which by reason of dilapidation, deterioration, state of disrepair, or other such status is otherwise detrimental to or endangers public safety, health, or welfare. 

 

(b)   Duties of Owner.  The owner or registered agent of the owner of any building that has become vacant shall, maintain the vacant building as follows:

 

Lawns and landscaping shall be kept mowed, maintained and trimmed.

All building exteriors shall have adequate weather protection, including paint and finish in good condition.

All buildings and grounds must be secured against trespassers.  This includes maintaining all exterior doors, windows and yard fencing in a good and secured condition.

Roofs on all buildings shall be in good, weather tight condition with no leakage.

Any accumulated trash or debris must be removed from the property immediately.

 

(c)  Insurance Required.  The owner of any building that has become vacant shall maintain liability insurance, covering any damage to any person or any property caused by any physical condition of or in the building.

 

(d)   Administration.  The Building Inspector may issue rules and regulations for the administration of this section. These rules may designate board-up materials and methods which must be used when securing a building so that the boarding is reasonably incapable of being removed by trespassers or others acting without the building owner's consent. Any person who violates any provision of this section or of the rules and regulations issued hereunder shall be fined not less than $200.00 and not more than $1,000.00 for each offense. Every day that a violation continues shall constitute a separate and distinct offense.

 

(e)    Notice to Owner.  If at any time after making an inspection of a property the building inspector determines that the building is vacant and open, the building inspector shall notify the owner that the building must be enclosed and secured within thirty (30) days or the City will commence condemnation proceedings on the building.  A written statement by the building inspector setting forth the basis for his or her determination shall accompany the order.

 

(f)   City May Secure Building.  Upon failure of an owner to secure a vacant building within the required time, the City will secure the building in accordance with the established rules and regulations.  

 

(g)  Enforcement by Lien.  The cost of securing and enclosing a vacant building incurred by the City, shall be recoverable from the owner or owners and shall be a lien on the property upon which the building or structure shall also be enforceable in the same manner as liens for delinquent property taxes.  

 

            The above ordinance having been submitted to a vote, the vote thereon was as follows:

 

            YEAS: Councilmen G. Richard, Winston, D. Richard and Mire

            NAYS: None

            ABSTAINED: None

            ABSENT: Councilman Swanner

 

            And the above ordinance was declared adopted this 7th day of September 2004.

 

/s/Tommy Eschete                                                        /s/Chad J. Mire

Tommy Eschete, Council Adm.                         Chad J. Mire, President

 

            Billy Tauzin introduced himself as a candidate for Congress.  He briefly discussed his platform and offered anyone with questions concerning his campaign to contact him to discuss their questions or concerns.

 

            There being no further business, the meeting was adjourned.

 

 

 

___________________________                              __________________________
Tommy Eschete, Council Adm.                                Chad J. Mire, President

 

 

 

 
   
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