Zoning Ordinance enforcement

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    • #3012
      cellgrel
      Participant

      We have been pressing our parish Planning and Zoning Department to enforce the zoning ordinances with respect to an adjacent commercial operation. After months and months in the process, a Cease and Desist Order was posted. We have now been advised that in order to bring the owner to the court house he must be physically served on the subject property. Can you please verify this is the case – this is seemingly an unbelievable requirement and considering the nature of the facility, one with little to no chance of success.

    • #3013
      Lex
      Keymaster

      What was the nature of the objection? Was the property the business is on not zoned for commercial? How is it zoned?

      Or was the business property zoned commercial but they are operating their business outside the exact commercial class?

    • #3014
      cellgrel
      Participant

      In short, the facility does not meet the requirements of the ordinance for the current zoning (M-3, ST Charles Parish) – derelict vehicles, weeds, no paved parking, no required fencing, etc. Yes, outside the commercial class.

    • #3034
      cellgrel
      Participant

      Further to this legal quandary, the owner has advised the parish to stay off of his property and that he would have anyone who enters arrested for trespassing. How could the owner ever be served, as stated, on his property? Again, could this requirement to serve the owner only on the subject property be factual?

    • #3036
      Lex
      Keymaster

      There must be more to this. I am no expert on zoning law, but you should be able to serve an owner wherever and however he can be found. That is the way it is in every other aspect of the law.

      I think you should have a lawyer with familiarity in this area look this over for you.

    • #3049
      cellgrel
      Participant

      Yes, more to this — bad information … We have now been advised that the Sheriff’s Dept can serve the business owner anywhere in the parish. I’m not sure why there would be even this limitation but this scenario is somewhat workable. Unfortunately the owner lives outside of St. Charles parish so serving him will still be largely a matter of luck.

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