Sec. 134-38. - Powers of enforcement.
The department of safety and permits and the New Orleans Police Department or any duly authorized law enforcement or code enforcement officers or other persons having enforcement powers or responsibilities shall have the power and authority to administer and enforce the conditions of this chapter and all other laws relating to signs. Included among such powers are the following specific powers:
(1) Every sign for which a permit is required may be subject to the inspection and approval of the department. When deemed advisable by the department, a sign may be inspected at the point of manufacture if such point is within or adjacent to the city limits.
(2) Upon presentation of proper identification to the owner, agent, or tenant in charge of such property, the departments, agencies or their representative(s) may enter, for the purposes of inspecting and investigating signs or sign structures, any building, structure, or other premises or property between the hours of 8:00 a.m. to 10:00 p.m., Sunday through Saturdays, and in the case of business, during the hours of operation of the business provided, however, that in cases of emergency where extreme hazards are known to exist to persons, loss of life, or severe property damage, and where the owner, agent or tenant in charge of the property is not available after the departmental or agencies representative(s) have made a good faith effort to locate same, the departmental or agencies representative(s) may enter the aforementioned structures and premises at any time upon presentation of proper identification to any other person on the premises. Whenever the departmental or agencies representative(s) shall enter upon private property, under any circumstances, for the purpose of inspecting and/or investigating signs or sign structures, which charge, shall be notified of his presence and shown his proper and official credentials. The departmental or agencies representative(s), when on private property, shall observe the establishment's rules and regulations concerning safety, internal security and fire protection. In a case where permission to enter is denied, entry shall be accomplished only pursuant to a warrant obtained as otherwise provided by law.
(3) Upon notice and issuance of a stop-work order from the director of the department of safety and permits, work on any sign that is being conducted in a manner contrary to the provisions of this chapter or other applicable law or is being conducted in a dangerous or unsafe manner shall be immediately stopped. Such notice and order shall be in writing and shall be given to the owner of the property, or to his agent, or to the person doing the work, and shall state the conditions under which work may be resumed. Where an emergency exists, written notice shall not be required to be given by the departmental or agencies representative(s).
(4) Following the issuance of a stop-work order, the department or agencies representative(s) shall initiate proceedings to revoke any permit issued for the work covered by such stop work order, unless the cause of the stop work order is resolved to the departmental or agencies representatives) satisfaction.
(5) The departmental or agencies representative(s) shall have, and is hereby granted, the power and authority to revoke any and all permits authorized by this chapter for violation of the terms and provisions of this chapter; and all other applicable provisions of law, provided that, the departmental or agencies representatives) shall conduct a hearing prior to the revocation of any permit authorized under this chapter to determine the facts incident to the pending revocation. The person whose permit is under consideration shall be given at least 15 calendar days' written notice of the hearing and shall be permitted to present relevant facts and legal arguments regarding the pending revocation. Following such, the department or agency representative shall consider the merits of the case and shall present a written opinion prior to any action. However, that if in the opinion of the department the health, safety, or welfare of the citizens of the city is endangered by any violation of this chapter, the department of safety and permits or agency representatives may immediately revoke any or all permits authorized by this chapter and shall conduct the necessary hearing as soon as possible thereafter, but in no case later than three business days after the effective date of the revocation unless the affected permittee shall request in writing a later date.
(6) The departmental or agencies representative(s) shall have the authority to adopt regulations required to implement the provisions of this chapter.
(Code 1956, § 3A-2(c); M.C.S., Ord. No. 21877, § 1, 3-17-05; M.C.S, Ord. No. 21916, § 2, 4-21-05; M.C.S., Ord. No. 28121, § 1, 6-6-19)