Court Costs over $2K; Elderly Citizens Question Legality

    In separate cases, the City of Central held hearings and fined two elderly widowed Central citizens for failing to maintain their property in accordance with Central’s ordinances. In one case, the City did not assess a fine for the ordinance violations, but charged the citizen $2,183.51 in court costs.  In both cases the City placed liens on the citizens’ property. 
    Central Speaks investigated and found that the ordinances creating Central’s hearing process and fines likely violate state law. Central Speaks sent the investigation’s findings to Mayor Shelton last week and asked for support that the process was lawful. Mayor Shelton has refused to respond.
    The citizens first brought the problem to Central Speaks in April, and Central Speaks contacted Mayor Shelton and the City Council with the concerns.  Mayor Shelton responded that the City of Central has the right to enter onto private property without permission to document code violations, that Central’s fines, fees, penalties, and costs have been properly established by ordinance, and that those fees are within the limits allowed by state law.
    Central Speaks researched and found that Louisiana R.S. 13:2575 allows municipalities such as Central to establish an administrative adjudication hearing procedure.  That law requires that this process be established by ordinance, and that the ordinance “shall provide for the amount and disposition of fines, penalties, costs, and fees.”  Central’s ordinance creating its administrative hearing process does not include the amount or disposition of those charges.
    The same state law limits the municipality by stating “Levy fines, fees, penalties, and hearing costs, the maximum of which shall not exceed those established for the parish or municipal courts.”  Central Speaks contacted EBR City/Parish and was informed that such charges are less than $200, far less than the $2,183.51 charged in Central’s case.
    Finally, the case files prepared by the City of Central to prosecute both of these Citizens included photographs which could only have been taken by entering onto the private property of the citizens.  Both citizens state that they gave no such permission.  The property of the Citizen who was charged over $2,000 is completely fenced and has multiple “No Trespassing” signs all along the fence.
    The prosecution of code violations was made a priority when the current administration took office in 2014.  Unless the City of Central can support the legality of its administrative hearing process, it would call into question all of the fines and costs that have been levied by the City of Central.  If Mayor Shelton’s office responds, Central Speaks will report on the explanation.