Zoning Violation Information

Section 17.3. - Enforcement Procedures.

17.3.1.  Violations.

    In case any building or structure is erected, structurally altered, extended, moved or maintained, or any building, structure or land is used in violation of this Ordinance, the Director of Safety and Permits or his designate, in addition to other remedies, may institute any appropriate actions or proceedings to prevent such unlawful erection, structural alteration, extension, moving, maintenance, use, or other violations, to restrain, correct, or abate violation, to prevent the occupancy of such buildings, structure, or land or to prevent any illegal act, conduct, business, or use in or about such premises. Each day such violation continues shall constitute a separate violation.

17.3.2.  Report of Violation.

    Whenever a violation of this Ordinance occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint, stating fully the causes and basis therefor, shall be filed with the Director of Safety and Permits. In accordance with provisions of Section 9:5626 of the Louisiana Revised Statutes, the Department of Safety and Permits is designated as the authorized agency for the City of New Orleans which shall be notified in writing of use violations of the zoning ordinance in order for the two (2) year prescriptive period to commence.

17.3.3.  Penalties.

    The owner or general agent of a building or premises where a violation of any provision of these regulations has been committed or shall exist, or the lessee or tenant of an entire building or entire premises where such general agent, lessee, or tenant of any part of the building or premises in which such violation has been committed or shall exist, or the general agent, architect, builder, contractor, or any other person who commits, takes part in, or who assists in any such violation or who maintains any building or premises in which any such violation shall exist, shall be guilty of a misdemeanor punishable either by a fine of not less than $100.00 and not more than $300.00 or not more than five (5) months (150 days) imprisonment, or both, for each and every day, that such violation continues. The correction of a violation shall not restrain imposition of these penalties.

17.3.4.  New Violation Following Determination of Compliance.

    Following any judicial determination that a violation of these regulations has occurred and compliance has been rendered, the official responsible for enforcing the ordinance for such violation shall cause to be placed in the records of the City a notation that compliance has been rendered. Any subsequent report of a violation of the regulations pertaining to the same or substantially the same matter shall be considered a new violation and shall be subject to the same remedies herein provided.