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Regular Session, 2010
HOUSE BILL NO. 509
BY REPRESENTATIVE LORUSSO
COURTS/MUNICIPAL: Provides for a special environmental docket for the Municipal
Court of New Orleans
AN ACT1
To amend and reenact R.S. 33:1373(D) and 1374(D) and to enact R.S. 13:2493.1(D),2
relative to providing concurrent jurisdiction of the Municipal Court of New Orleans3
with the Civil District Court for the parish of Orleans over certain environmental and4
blighted property issues; to provide for a special environmental docket for the5
Housing and Environmental Court Division of the Municipal Court of New Orleans;6
to authorize summary proceedings; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 13:2493.1(D) is hereby enacted to read as follows: 9
§2493.1. Housing Court division; jurisdiction; powers of judge; environmental10
docket11
* * *12
D.(1) The jurisdiction of the Municipal Court of New Orleans, the Housing13
and Environmental Court Division of the Municipal Court of New Orleans shall14
extend to the trial of violations of an ordinance of the city of New Orleans and the15
violations of state statutes which are not triable by a jury for criminal prosecutions16
provided in R.S. 14:107.3, and any other authority provided by law or home rule17
charter for the civil enforcement of health, safety, and welfare ordinances, including18
but not limited to the authority provided in R.S. 13:2575 for administrative19
adjudication for violations of public health, housing, fire code, environmental20 HLS 10RS-1212 ENGROSSED
HB NO. 509
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building code, zoning, historic district, permitting vegetation, and nuisance1
ordinances, as provided for and defined in R.S. 33:1374. In Orleans Parish, the2
public authority may enforce health, safety, and welfare statutes or ordinances or3
otherwise seek to eliminate blighted property, unsafe structures and equipment,4
unlawful structures and structures unfit for human occupancy, housing violations, or5
public nuisances additionally in the Municipal Court of New Orleans. 6
(2) A separate environmental docket of the Housing and Environmental7
Court Division of the Municipal Court of New Orleans is established into which the8
public authority, as defined in R.S. 33:1374, or other party, may request allotment9
or transfer of cases brought pursuant to R.S. 33:1374.10
Section 2. R.S. 33:1373(D) and 1374(D) are hereby amended and reenacted to read11
as follows:12
§1373. Enforcement of health, safety, and welfare ordinances in Jefferson Parish13
and Orleans Parish14
* * *15
D. Any civil judicial proceeding instituted in accordance with this Section16
that is on the environmental docket of the Twenty-Fourth Judicial District Court or17
the Civil District Court for the parish of Orleans, or the successor to such court, or18
the Municipal Court of New Orleans, may be heard by summary proceeding and the19
public authority shall bear the burden of proof by a preponderance of the evidence20
in an action instituted pursuant to this Part.21
* * *22
§1374. Enforcement of health, safety and welfare ordinances of Orleans Parish23
* * *24
D. Any civil judicial proceeding instituted in accordance with this Section25
that is on the environmental docket of the Forty-First Judicial District Court or the26
Municipal Court of New Orleans may be heard by summary proceeding.27
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HB NO. 509
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DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Lorusso HB No. 509
Abstract: Provides for concurrent jurisdiction of the Housing and Environmental Court
Division of the Municipal Court of New Orleans to the Civil District Court for the
parish of Orleans over the enforcement of health, safety, and welfare ordinances in
Orleans Parish and establishes a special environmental docket.
Proposed law extends the jurisdiction of the Housing and Environmental Court Division of
the Municipal Court of New Orleans to the trial of ordinance violations of the city of New
Orleans and the violations of state statutes which are not triable by a jury in certain criminal
matter for civil enforcement of health, safety, and welfare ordinances, for administrative
adjudication for violations of public health, housing, fire code, environmental building code,
zoning, historic district, permitting vegetation, and nuisance ordinances.
Proposed law provides, in Orleans Parish, that the public authority may enforce health,
safety and welfare statutes or ordinances or otherwise seek to eliminate blighted property,
unsafe structures and equipment, unlawful structures and structures unfit for human
occupancy, housing violations or public nuisances additionally in the Housing and
Environmental Court Division of the Municipal Court of New Orleans.
Proposed law provides for a separate environmental docket of the Housing and
Environmental Court Division of the Municipal Court of New Orleans to be established.
Proposed law authorizes these matters being heard in the Municipal Court of New Orleans
to be heard by summary proceeding.
(Amends R.S. 33:1373(D) and 1374(D); Adds R.S. 13:2493.1(D))