SLS 11RS-54 ENGROSSED
Page 1 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2011
SENATE BILL NO. 122
BY SENATOR AMEDEE
PARISHES. Authorizes the governing authority of Ascension Parish to require property
owners to remove debris, wrecked or used motor vehicles, or other discarded items being
stored or kept on their property. (8/15/11)
AN ACT1
To amend and reenact R.S. 33:1236(30)(b)(i), (iii), (iv), and (vi), relative to the powers of2
local governing authorities; to authorize the governing authority of Ascension Parish3
to require and compel property owners to remove debris, wrecked or used motor4
vehicles, or any other discarded or abandoned items on their property; to authorize5
the governing authority to adopt ordinances placing any cost incurred for removal6
of such debris or items on the ad valorem tax bills of the parish; to authorize a7
collection fee for the sheriff of such parish; to provide relative to any action brought8
to contest the placing of such costs on the tax bills; and to provide for related9
matters.10
Notice of intention to introduce this Act has been published.11
Be it enacted by the Legislature of Louisiana:12
Section 1. R.S. 33:1236(30)(b)(i), (iii), (iv), and (vi) are hereby amended and13
reenacted to read as follows:14
ยง1236. Powers of parish governing authorities15
The police juries and other parish governing authorities shall have the16
following powers:17 SB NO. 122
SLS 11RS-54 ENGROSSED
Page 2 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
* * *1
(30)(a) * * *2
(b)(i) In the exercise of the authority granted herein, the governing authority3
of the parishes of Jefferson, Ouachita, Calcasieu, Ascension, and St. Tammany may4
require or compel property owners to remove trash, debris, junk, wrecked or used5
automobiles, or motor vehicles, or any part or parts thereof, or any other junk,6
discarded or abandoned machinery or other metal, tin, or other discarded items on7
their property, when such items are being stored or kept in violation of any zoning8
or other regulatory ordinance.9
* * *10
(iii) Upon failure of any such property owner to pay the charges, the11
governing authority may file a certified copy of said charges with the recorder of12
mortgages, and the same when so filed and recorded, shall operate as a lien and13
privilege in favor of the parish against the property of which said items were14
removed. In the parishes of Jefferson, Ascension, and St. Tammany, the lien and15
privilege granted under this Paragraph, when recorded within sixty days from the16
date of completion of the removal of the items, shall have the same ranking as an ad17
valorem tax lien on immovable property as provided in R.S. 9:4821(1).18
* * *19
(iv) The parish may, at its option, enact ordinances to add the removal20
charges to the annual ad valorem tax bill of the property involved. In the parishes of21
Jefferson, Ascension, and St. Tammany, if such charges are unpaid, the ad valorem22
tax lien imposed thereby and such rights attendant thereto shall coexist with those23
granted under Item (30)(b)(iii) of this Section.24
* * *25
(vi) In the exercise of the authority herein granted to the parishes of Jefferson,26
Ascension, and St. Tammany, the respective parish shall be the sole and proper27
defendant in any action, authorized by law, to contest the addition of such charges28
to the ad valorem tax bill of the property involved.29 SB NO. 122
SLS 11RS-54 ENGROSSED
Page 3 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
* * *1
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Cathy R. Wells.
DIGEST
Amedee (SB 122)
Present law authorizes the governing authority of the parishes of Jefferson, Ouachita, St.
Tammany, and Calcasieu to require or compel property owners to remove trash, debris, junk,
wrecked or used automobiles, or motor vehicles, or any part or parts thereof, or any other
junk, discarded or abandoned machinery or other metal, tin, or other discarded items on their
property, when such items are being stored or kept in violation of any zoning or other
regulatory ordinance.
Proposed law adds the governing authority of Ascension Parish to present law.
Present law authorizes the governing authority of the parishes of Jefferson and St. Tammany
to place a lien against a property owner for failure to pay charges and the lien shall have the
same ranking as an ad valorem tax lien on immovable property as provided in R.S.
9:4821(1); present law also provides for the parishes of Jefferson and St. Tammany to be the
sole and proper defendant in any action, authorized by law, to contest the addition of such
charges to the ad valorem tax bill of the property involved.
Proposed law adds the governing authority of Ascension Parish to present law.
Present law authorizes a collection fee for the sheriffs of Jefferson and St. Tammany in an
amount equal to 15% of the amount of such charges actually collected from the property
owner.
Proposed law adds the sheriff of Ascension Parish to present law.
Effective August 15, 2011.
(Amends R. S. 33:1236(30)(b)(i), (iii), (iv), and (vi))