SHARON M. SYLVESTER
THE CITY OF NEW ORLEANS THROUGH THE CODE ENFORCEMENT AND HEARINGS BUREAU
FROM CIVIL DISTRICT COURT, ORLEANS PARISH NO. 2015-11523,
DIVISION "N-8" HONORABLE ETHEL SIMMS JULIEN, JUDGE
M. SYLVESTER Plaintiff/Appellant/ In Proper Person.
LINDSAY DEPUTY CITY ATTORNEY JOYCE G. JOSEPH DEPUTY CITY
ATTORNEY ADAM J. SWENSEK DEPUTY CITY ATTORNEY REBECCA H.
DIETZ CITY ATTORNEY'S OFFICE CITY OF NEW ORLEANS Counsel
composed of Chief Judge James F. McKay III, Judge Edwin A.
Lombard, Judge Joy Cossich Lobrano).
F. MCKAY III CHIEF JUDGE.
appeal stems from the November 2, 2015 administrative
decision rendered against plaintiff, Sharon Sylvester
("Ms. Sylvester"), by the City of New Orleans Code
Enforcement and Hearing Bureau ("City"). Ms.
Sylvester appeals the trial court's November 14, 2016
judgment, denying her petition for judicial review and
affirming the City's administrative decision. For the
reasons set forth below, we affirm.
OF FACTS AND PROCEDURAL HISTORY
January 28, 2015, the City inspected property located at
1212-14 South Rampart Street in New Orleans. Nine code
violations were documented, as follows: 1) Sanitation; 2)
Weeds; 3) Fences and Walls and Plant Growth; 4) Paint or
Protective Treatment; 5) Exterior Surfaces; 6) Studs; 7)
Weatherboards; 8) Roofs; and 9) Decorative Features.
of the code violations and the hearing set for July 21, 2015
was sent to Ms. Sylvester, the owner of record. A second
inspection on July 13, 2015 noted that the nine code
violations persisted. Notice was posted at the property.
July 21, 2015 hearing, Attorney Ernest Jones ("Mr.
Jones") appeared and informed the hearing officer that
he represented Ms. Sylvester in the succession of her late
husband, Anthony Sylvester ("Mr.
Sylvester"). He indicated that the ownership of 1212-14
South Rampart Street was an issue on appeal in Mr.
Sylvester's succession. The administrative hearing was
continued to August 17, 2015.
inspection was performed on August 7, 2015. The same nine
code violations were documented, and notice was posted at the
another continuance requested by Mr. Jones, the matter was
continued to November 2, 2015. The property was inspected for
a fourth time on October 22, 2015. The same nine code
violations were identified, and notice was posted.
Sylvester appeared at the November 2, 2015 hearing with her
son, Carl Gabriel. Mr. Jones was not present. Ms. Sylvester
acknowledged that she owned the property. She also
acknowledged that photographs taken in connection with the
inspections accurately represented the condition of the
property. Mr. Gabriel, spoke on behalf of his mother. He
asserted that due to questions surrounding Ms.
Sylvester's ownership of the property, which were still
on appeal, and because Mr. Sylvester's first wife, Mrs.
Joyce Sylvester ("Joyce"), was the executrix of the
succession, that Ms. Sylvester was not responsible for making
the repairs. Ms. Sylvester maintained that the repairs were
hearing officer rejected Ms. Sylvester's argument that
she was not the person responsible for maintaining the
property. Fines and fees in the amount of $1625.00 were
assessed against Ms. Sylvester.  From this ruling, Ms.
Sylvester filed a ...