WHY DOES IT TAKE SO LONG TO RESOLVE CODE VIOLATIONS AND ZONING MATTERS?

by Hank Berchak, as published in the August 2016 issue of the Terrytown Trumpet

We get questioned in person, by email, by phone calls, and on Facebook frequently about this issue and many people are nearly overwhelmed with frustration when we explain how it all works…we are frustrated as well!

Usually when a code violation is reported an inspector goes to the location to investigate and if a violation exists and there is someone present, he or she explains to the person there what the violation is, and issues them a warning which plainly gives the person or business a specific number of days to correct the violation. If no one is present at the location, a violation notice is left by the inspector giving them an explanation and deadline for correction. An inspector then goes to the property when the deadline has arrived and checks to see that corrective action has taken place. If so, no other action is taken. If not, the inspector may give the violator a “reasonable” number of additional days to make the correction.

If a violator refuses to make corrections, then they are cited into Hearing Officer Court where they can be fined. And if they so choose, they can appeal the Hearing Officer’s decision to the 24th Judicial District Court – meaning the violation may go on for a considerable time before final resolution.

In zoning matters, similar delays take place once a person or business is found to have a zoning problem or a desire to get a variance or change of use/classification.

They make an application or an appeal to a decision of the Parish Planning Director or provisions of the Zoning ordinance to the Planning Advisory Board (PAB) or the Board of Zoning Appeals (BZA). The PAB decisions are recommendations to the Parish Council, who makes the final decision on such matters. The BZA decisions are final. In both cases, if the person or business is not satisfied with the BZA or Council decisions, they then can appeal the decisions in the 24th Judicial Court.

Now that all this has been said, it’s pretty clear the delays involved are a result of how we operate as a society and nation. Everyone is entitled to a fair and impartial hearing of their positions and desires. This is the Good Old USA and not some totalitarian nation.

So when we see violations which seem to go on endlessly, all we can do is keep reporting them until we know they have been resolved. Very often the enforcement folks are just as frustrated as we are, because their authority is limited to reporting with minimal enforcement power. This is especially aggravating when an inspector has issued a violation notice to a business for a violation, and the business refuses to make corrections, and as much as laughs in the inspector’s face.

We are advocating giving the inspectors added authority to be able to coordinate with the Sheriff’s Occupational Licensing Office to suspend the business’s occupational license for repetitive violations until compliance is met. At this stage we are just getting engaged with looking into such an approach and have expressed it to the Parish Attorney and our Councilman. It sounds promising and we’ll see what can be worked out.