Plaquemines Parish |
Code of Ordinances |
Chapter 13. HEALTH AND SANITATION |
Article VI. FACTORIES, PLANTS, ETC., CREATING NOXIOUS ODORS |
§ 13-86. Orders to close.
(a)
Upon recommendation of either the parish health inspector or safety engineer to the parish board of health that a plant or factory is diffusing smoke, steam, noxious gases, fumes or nauseous smells which cause serious and material discomfort, annoyance or injury to persons living in close proximity or that such operation is injurious to the public health or convenience of the community in which said plant or factory is located, the parish board of health, or if it is not in session at the time such report or recommendation is filed, the president of the parish board of health may issue an order directing the owners, managers or operators of such plant or factory to suspend operations until corrective measures have been taken subject to the approval of the parish health inspector or safety engineer, or in the event of refusal to suspend operations the parish board of health through its president, may order the closing of plant or factory until such improvements have been made, in the interest of public health and convenience.
(b)
In the event of such suspension or closure, the owners or operators of such plant or manufactory may apply for, and be granted a hearing by the parish board of health within ten (10) days to recall or set aside such order of suspension or closure. Upon refusal to recall said order of suspension or closure by the board after such hearing, the owners or operators may apply to any court of competent jurisdiction for review, but in no case of application for hearing and review by the parish board of health, or by the court, will the order of suspension or closure be lifted or enjoined until final unappealable judgment may be rendered by a court of last resort in any such case that said order of suspension or closure should be recalled and set aside.
(Ord. No. 35, § 3, 1-30-64)