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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2011 ENROLLED
SENATE BILL NO. 122
BY SENATOR AMEDEE
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
* * *18
(30)(a) * * *19
(b)(i) In the exercise of the authority granted herein, the governing authority20
of the parishes of Jefferson, Ouachita, Calcasieu, Ascension, and St. Tammany may21
require or compel property owners to remove trash, debris, junk, wrecked or used22
automobiles, or motor vehicles, or any part or parts thereof, or any other junk,23
discarded or abandoned machinery or other metal, tin, or other discarded items on24
their property, when such items are being stored or kept in violation of any zoning25
or other regulatory ordinance.26
* * *27
ACT No. 305 SB NO. 122 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(iii) Upon failure of any such property owner to pay the charges, the1
governing authority may file a certified copy of said the charges with the recorder2
of mortgages, and the same copy when so filed and recorded, shall operate as a lien3
and privilege in favor of the parish against the property of which said from which4
the items were removed. In the parishes of Jefferson, Ascension, and St. Tammany,5
the lien and privilege granted under this Paragraph, when recorded within sixty days6
from the date of completion of the removal of the items, shall have the same ranking7
as an ad valorem tax lien on immovable property as provided in R.S. 9:4821(1).8
(iv) The parish may, at its option, enact ordinances to add the removal9
charges to the annual ad valorem tax bill of the property involved. In the parishes of10
Jefferson, Ascension, and St. Tammany, if such charges are unpaid, the ad valorem11
tax lien imposed thereby and such rights attendant thereto shall coexist with those12
granted under Item (30)(b)(iii) of this Section (iii) of this Subparagraph.13
* * *14
(vi) In the exercise of the authority herein granted to the parishes of Jefferson,15
Ascension, and St. Tammany, the respective parish shall be the sole and proper16
defendant in any action, authorized by law, to contest the addition of such charges17
to the ad valorem tax bill of the property involved.18
* * *19
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: