The Planning and Zoning Commission recently approved a new residential subdivision development north of LSU in which the newspaper quoted the developer as expecting 10% of the homes of the homes to be occupied by students. What official proactive notice did the Commission give the developer regarding the UDC definition of “family”?
The definition of family has been in place since 1954, when the original zoning ordinance was adopted. It was advertised and public hearings held in accordance with state law and the plan of government.
Currently the Parish Attorney states that neither real estate agents, brokers, property managers, nor Realtors come under their jurisdiction to litigate and assess penalties. Why does UDC section 6.7 A. not apply?
Zoning violations are based on use, what is permitted and not permitted. The realtors, etc. are not actually committing the usage violation. There is currently no law which prohibits acting as agent for a transaction that ultimately results in a use violation.
What are the existing civil penalties for owners and occupants who are found to have violated UDC by the Parish Attorney?
Fines of up to $500 and/or six months in jail at the discretion of the Judge.
Is there a way to legally give subdivisions a new chance to enforce restrictions for the present and future even if they have been lax in enforcing them in the past without having to enter into litigation with new offenders?
Private subdivision restrictions can be amended/supplemented with the approval of a majority of property owners under the Homeowner's Association Act.