§7559. Procedure pursuant to land use regulation and zoning authority; public hearings; changes or amendments; meetings of board of commissioners for adjustment purposes; appeals procedure; enforcement; penalty; conflicting regulations

A. The board of commissioners of an environmental protection district shall provide for the manner in which the land use regulations and restrictions and the boundaries of the zoning districts shall be determined, established and enforced, and from time to time, amended. No regulation or restriction shall become effective until after a public hearing at which parties in interest have an opportunity to be heard. A public hearing in regard to the regulations may be held by the board of commissioners of the district. In such case notice of the time and place of hearing shall be published at least once a week during three different weeks in the official journal of the parish affected, or if there be none, in a paper of general circulation therein. At least fifteen days shall elapse between the publication and the date of the hearing.

B. The regulations, restrictions and boundaries may, from time to time, be amended, supplemented, changed, modified or repealed. However, in case of a protest against a change duly signed and acknowledged by the owners of twenty percent or more of the areas of land included in the proposed change the amendment shall not become effective unless at least four-fifths of all the members of the board of commissioners of the district shall vote in favor thereof. The provisions of R.S. 33:7559(A) relating to public hearing and official notice shall apply equally to all changes or amendments.

C. The board of commissioners of the district may determine and vary the application of such land use regulations and restrictions adopted pursuant to the authority granted in R.S. 33:7554(1) or R.S. 33:7555(A) in harmony with their general purpose and intent and in accordance with general or specific rules contained therein.

D. Meetings of the board of commissioners for the purpose of making adjustments in land use rules, regulations and restrictions shall be held at the call of the chairman and at such other times as the board may determine. The chairman or, in his absence, the vice-chairman, may administer oaths and compel the attendance of witnesses. All such meetings of the board shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating that fact, and shall keep records of its examinations and other official actions, all of which shall be filed immediately in the office of the board and shall be public records. All testimony, objections thereto, and rulings thereon shall be taken down by a reporter employed by the board for such purpose.

E. Appeals regarding land use regulations and restrictions to the board of commissioners may be taken by any person aggrieved or by any officer, department, board or bureau of a parish affected or of the state by any decision of the board, its agents or employees. Appeals shall be taken within a reasonable time, as provided by the rules of the board, by filing with the board of commissioners a notice of appeal specifying the ground thereof. The person, officer, department, board or bureau taking the appeal shall forthwith transmit to the board all papers, not already in the possession of the board, constituting the record upon which the action appealed from was taken. An appeal stays all proceedings in furtherance of the action appealed from, unless the board of commissioners certifies after the notice of appeal has been filed that, by reason of facts stated in the certificate a stay would, in the opinion of the board, cause immediate peril of life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by court of record or on application or notice to the board of commissioners and on due cause shown. The board of commissioners shall fix a reasonable time for the hearing of the appeal, give public notice thereof and notice to the interested parties, and shall render its decision on the appeal within a reasonable time. Any party may appear at the hearing in person or by agent or by attorney. The board of commissioners shall have the following powers:

(1) To hear and decide appeals where it is alleged that there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of R.S. 33:7554(1) or any rule or regulations adopted pursuant thereto.

(2) To hear and decide all matters referred to it or upon which it is required to pass under its rules and regulations: and

(3) In passing upon appeals, where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the rules, regulations or restrictions to vary or modify the application of any of the regulations or provisions of the rules and regulations relating to the use, construction or alteration of buildings or structures or the use of lands so that the spirit of the rules and regulations shall be observed, public safety and welfare secured and substantial justice done.

In exercising the above mentioned power the board may, in conformity with this Chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as ought to be made. The concurring vote of a majority of the members of the board of commissioners shall be necessary to reverse any order, requirement, decision or determination, or to decide in favor of the applicant on any matter upon which it is required to pass under any rule, regulation or restriction or to effect any variation in such rules, regulations or restrictions.

F. Any person or persons jointly or severally aggrieved by any decision of the board of commissioners may present to the district court for the parish wherein the application and enforcement of a rule, regulation or restriction causes him to be aggrieved, a petition, duly verified, setting forth that the decision is illegal, in whole or in part, and specifying the grounds of the illegality. The petition shall be presented to the court within thirty days after the filing of the decision in the office of the board. Upon the presentation of such petition, the court may allow a writ of certiorari directed to the board of commissioners to review the decision of the board of commissioners and shall prescribe therein the time within which a return may be served upon the relator's attorney, which shall not be less than ten days but which may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application after notice to the board and on due cause shown grant a restraining order. The board of commissioners shall not be required to return the original papers acted upon by it, but may return certified or sworn copies thereof or such portions thereof as may be called for by the writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds in the decision appealed from, and shall be verified. If, upon the hearing, it appears to the court that testimony is necessary for the proper disposition of the matter, it may take additional evidence or it may appoint a referee to take such evidence as it may direct and report the same to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or in part, or may modify the decision brought before it for review. Costs shall not be allowed against the board of commissioners unless it appears to the court that it acted in gross negligence or in bad faith, or with malice in making the decision from which the appeal was taken. All issues in any proceedings under this subsection shall have preference over all other civil actions and proceedings.

G. In case any land is used in violation of R.S. 33:7554(1) or R.S. 33:7555(A) or of the rules, regulations or restrictions established by the board pursuant to the powers granted it therein, the board of commissioners, in addition to other remedies, may substitute any appropriate action or proceedings to prevent such unlawful use, to restrain or abate such violation in order to prevent any illegal act, conduct, business or use in or about such land area or premises. The regulations shall be enforced by the board of commissioners and its authorized agents who are empowered to cause any place, premises or land area to be inspected and examined, and to order in writing the remedying of any condition found to exist therein in violation of R.S. 33:7554(1) or R.S. 33:7555(A) or of any provision of the regulations made under the authority of R.S. 33:7554(1) or R.S. 33:7555(A). The owner or general agent, lessee or tenant of any part of the premises or land area in which the violation has been committed or exists, or the general agent, architect, building contractor or any other person who commits, takes part or assists in any violation or who maintains any premises or land area in which any violation exists shall, upon conviction thereof, be fined not more than $5,000.00 or be imprisoned for not more than thirty days for each day that the violation continues.

H. Wherever the provisions of R.S. 33:7554(1) or R.S. 33:7555(A) or the regulations made under authority of R.S. 33:7554(1) or 33:7555(A) are in conflict with regulations in any statute or local ordinance or regulation, the provisions of R.S. 33:7554(1) or R.S. 33:7555 and the provisions of the regulations made by the board of commissioners of the district pursuant to R.S. 33:7554(1) and R.S. 33:7555 shall govern.

Added by Acts 1970, No. 589, §1.