ENROLLED
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CODING: Words in struck through type are deletions from existing law; words underscored
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ACT No. 472
Regular Session, 2010
HOUSE BILL NO. 509
BY REPRESENTATIVE LORUSSO
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
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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
building code, zoning, historic district, permitting vegetation, and nuisance21
ordinances, as provided for and defined in R.S. 33:1374. In Orleans Parish, the22
public authority may enforce health, safety, and welfare statutes or ordinances or23
otherwise seek to eliminate blighted property, unsafe structures and equipment,24
unlawful structures and structures unfit for human occupancy, housing violations, or25
public nuisances additionally in the Municipal Court of New Orleans. 26 ENROLLEDHB NO. 509
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(2) A separate environmental docket of the Housing and Environmental1
Court Division of the Municipal Court of New Orleans is established into which the2
public authority, as defined in R.S. 33:1374, or other party, may request allotment3
or transfer of cases brought pursuant to R.S. 33:1374.4
Section 2. R.S. 33:1373(D) and 1374(D) are hereby amended and reenacted to read5
as follows:6
§1373. Enforcement of health, safety, and welfare ordinances in Jefferson Parish7
and Orleans Parish8
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D. Any civil judicial proceeding instituted in accordance with this Section10
that is on the environmental docket of the Twenty-Fourth Judicial District Court or11
the Civil District Court for the parish of Orleans, or the successor to such court, or12
the Municipal Court of New Orleans, may be heard by summary proceeding and the13
public authority shall bear the burden of proof by a preponderance of the evidence14
in an action instituted pursuant to this Part.15
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§1374. Enforcement of health, safety and welfare ordinances of Orleans Parish17
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D. Any civil judicial proceeding instituted in accordance with this Section19
that is on the environmental docket of the Forty-First Judicial District Court or the20
Municipal Court of New Orleans may be heard by summary proceeding.21
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SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: