In a unanimous vote Monday, April 21, the parish council approved changes to the language of an ordinance outlining the definition of “derelict” vehicles.
The change means that a vehicle that either lacks adequate registration or a current inspection sticker and is unable to move under its own power or has not been moved in 60 days can qualify as “abandoned, junked, wrecked or derelict.”
If a vehicle on private property qualifies under the definition, the planning and zoning department can send a notice to the property owner, who can then make efforts to either obtain the necessary registration, obtain a current inspection sticker, or move the vehicle.
If the notice is ignored by the property owner, however, the parish can file litigation. Only if a judge decides that the vehicle meets the criteria for removal, can the parish remove the vehicle. The entire process can take about six months to a year, according to the discussion at the council meeting with the legal department.
Michelle O’Daniels, who represents District V on the council, stressed in the meeting that the ordinance is not new.
“This ordinance has been in place since 1981,” she said. “The fact that not a lot of people knew about it tells you that it’s not necessarily something that’s happening every single day here in the parish. It does happen. It is done for safety purposes, and there is a whole process that’s involved in this that is not reflected in the ordinance.”
She also emphasized that property owners have due process, and that requirements for removal are all met through the court system.
In the days leading up to the council meeting, residents voiced their concerns about the ordinance online. In a letter to council members and to Parish President Matthew Jewell, Rick Whitney of Hahnville, argued that the ordinance is a violation of an individual’s property rights and that it would disproportionally affect the less fortunate citizens in the community.
“Those are frequently the citizens who don’t have the wherewithal to protest adequately,” he wrote.
He argued that people often have immovable cars on their property because they don’t have the funds to repair them, and he suggested the parish offer to buy vehicles it considers eyesores, instead of filing notices and lawsuits.
