PART X. SERVICE CHARGES

§3081. Mosquito abatement service charge; Avoyelles Parish; assessment and collection

A.(1) The governing authority of the parish of Avoyelles may establish, by majority vote of the members of the governing authority, a mosquito abatement service charge or rates of service charges for a term not to exceed ten years to be assessed persons owning each residential or commercial structure, whether occupied or unoccupied, located wholly or partly within the boundaries of the parish, subject to the provisions of Subsection B of this Section.

(2) For purposes of this Section, each residential or commercial unit and each housing unit within a multiple dwelling structure shall be considered a separate structure, and a mobile home, as defined in R.S. 9:1149.2(3), shall be considered a structure. Such mosquito abatement service charge or rates of service charges shall be equal for all structures, except that residential units shall be charged not less than thirty-five percent of the service charge for commercial units.

(3) Such service charges shall be framed so as to cover and shall be used for the costs of any or all services provided by the parish for the abatement, control, and eradication of mosquitoes and other arthropods of public health importance, including the acquisition, maintenance, operation, and support of equipment, facilities, supplies, and services therefor.

B. Mosquito abatement service charges or rates of service charges so established shall be assessed by resolution of the governing authority of the parish. However, the resolution assessing the service charge or rates of service charges shall be adopted by the governing authority of the parish only after the question of the assessment and the amount and duration of the service charge or rates of service charges established has been submitted to and approved by a majority of electors of the parish voting at an election held for that purpose. Such election shall be conducted in accordance with the election laws of the state and shall be held at the same time that an election authorized by the provisions of R.S. 18:402 is held.

C.(1) The governing authority of the parish may use any reasonable means to collect and enforce the collection of such service charge or rates of service charges, including any means authorized by law for collection of other service charges and including any means authorized by law for the collection of taxes.

(2)(a) The governing authority of the parish may place liens for mosquito abatement service charges upon the structure subject to the charge, upon the building, if any, in which the structure is located if it is owned by the owner of the structure, and upon the lot of ground on which the structure is situated if such lot of ground belongs to the person who owns such structure. However, if such structure or building is owned by a lessee of the lot of ground, the lien shall exist only against the lease and the structure and shall not affect the owner of the lot. Such lien shall be placed upon property only in the event of the refusal of the owner of a structure to pay the service charge when requested to do so by the governing authority of the parish within thirty days of receipt by the owner of such a request by registered or certified letter.

(b) The governing authority of the parish may file a statement reflecting the amount of the unpaid service charges in the mortgage office of the parish of Avoyelles, which, when so filed and recorded, shall operate as a lien and privilege in favor of the parish against property as provided in this Subsection.

(c) In addition, the governing authority of the parish shall be entitled to recover the amount of the unpaid service charges, together with all court costs and attorney fees, by ordinary process in the Twelfth Judicial District Court.

(d) The governing authority of the parish may also provide, by resolution, for interest on the amount of the unpaid service charges, which shall be paid prior to cancellation of the lien. The rate of interest charged shall not exceed the rate of legal interest, as provided in R.S. 9:3500, and shall be computed from the date of recordation of the lien until paid.

(e) Alternatively, the lien authorized by this Subsection may be enforced by assessing the amount of the lien against the immovable as a service charge against the immovable, to be enforced and collected as any ordinary property service charge lien to be assessed against the property. The lien may be collected in the manner fixed for collection of service charges and shall be subject to the same civil penalties for delinquencies. After the governing authority of the parish has incurred such costs and expenses which constitute the lien on the property, including any court costs, attorney fees, and interest, the governing authority may send an attested bill of such costs and expenses to the assessor of the parish of Avoyelles, who shall add the amount of the bill to the next tax bill of the owner. Such lien shall prime all other liens or privileges against the property, except tax liens, filed after the statement specified in this Paragraph is filed with the recorder of mortgages, regardless of the date on which the lien is perfected.

Acts 2006, No. 700, §1, eff. June 29, 2006.