§ 8-12. Assessment of civil penalties—Procedure.

(a)

Definitions . Except as otherwise provided in this section, the following terms as used herein shall have the following meanings:

Director means the director of the OHSEP.

Hearing board means a three-member board appointed to hear administrative appeals of penalty assessments under section 8-10, section 8-11, and this section. The hearing board shall consist of three (3) members, one (1) member shall be appointed by the parish president and two (2) shall be appointed by the parish council.

OHSEP means the Ascension Parish Office of Homeland Security and Emergency Preparedness.

(b)

Penalty assessment. Should the director determine that (i) the assessment of a civil penalty under section 8-10 is appropriate, or (ii) the assessment of a civil penalty under section 8-11 is appropriate, the director shall recommend the assessment to the parish president. If the parish president agrees with the director's recommendation, the parish president shall assess the civil penalty. The penalty assessment shall be subject to the following requirements:

(1)

The penalty assessment shall state that the respondent has a right to appeal the matter as set forth in subsections (c) and (d) of this section.

(2)

The penalty assessment shall be delivered to the respondent personally or by the United States Postal Service, via certified mail, return receipt requested, postage prepaid. If the respondent has designated an agent for service of process with the Louisiana Secretary of State's office, the penalty assessment shall be delivered to the respondent's designated agent for service of process.

(c)

Administrative appeals. Any person who has been assessed a civil penalty may administratively appeal the same by filing a written petition with the director within twenty (20) days of receipt of the penalty assessment. The petition shall be filed by hand delivery or by mail directed to: Director, OHSEP, 828 South Irma Boulevard, Building 3, Gonzales, Louisiana 70737. The director or his designee shall issue notice of the hearing requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearing. The board shall conduct the hearing and take evidence. At any hearing held pursuant to this section, testimony must be under oath. Hearing testimony shall be recorded stenographically if the party who has filed the appeal pays the costs of the same; otherwise, there shall be no recorded transcript of the proceedings. After the board has reviewed the evidence, the board may affirm, modify, or rescind the original penalty assessment. Decisions of the board following any administrative hearing shall be final, shall be in writing, and shall be based on the full and complete written administrative record compiled by the board with opportunity for input from the person requesting the appeal.

(d)

Judicial review. A party aggrieved by a penalty assessment issued or imposed under section 8-10 or section 8-11 and this section shall have the right of judicial review. Proceedings for judicial review must be instituted by filing a petition in the 23rd Judicial District Court in and for the Parish of Ascension, Louisiana, within thirty (30) days after receipt of the penalty assessment from the parish president or director or, if an administrative hearing is requested, within thirty (30) days after receipt of the decision rendered by the board following such administrative hearing.

(e)

Compromise/mitigation of penalty assessment. The parish president may at any time compromise and/or mitigate the amount of any civil penalty assessed under section 8-10 or section 8-11 and this section based upon an affirmative good faith showing by the violator that one (1) or more of the following mitigating factors is applicable:

(1)

There were no significant previous violations and the violator has historically been in compliance.

(2)

The nature and gravity of the violation was not significant.

(3)

There have been good faith efforts by the violator to prevent future violations.

(4)

Payment of the full fine amount will create a real and verifiable danger of rendering the violator incapable of future operation.

(5)

There are other pertinent factors which, in the opinion of the parish president are probative of the fact that the violation did not significantly endanger the public safety, health, or welfare.

NOTE: Except as otherwise specifically provided herein, the provisions of this chapter shall not affect any civil remedies for personal injury or property damage, including damage to underground utilities or facilities, nor for any citizens' private action for failure to report under state or federal law.

NOTE: If any section, paragraph, sentence, clause or part of the ordinance from which this section was derived shall be declared to be unconstitutional, ultra vires or otherwise invalid, the remaining parts of this ordinance shall remain in full force and effect.

NOTE: All ordinances, or parts of ordinances, in conflict herewith are hereby repealed.

NOTE: Nothing in this chapter shall be intended to diminish the sheriff's responsibility with regard to his authority to address emergency response needs in the parish.

(Ord. of 11-21-13, Exh. A)