HLS 12RS-2308 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 1117
BY REPRESENTATIVE BILLIOT
PROPERTY/VACANT SUBSTAND: Provides relative to the enforcement of certain liens
AN ACT1
To amend and reenact R.S. 33:1236(21)(a)(i), relative to liens; to provide relative to the2
recordation and enforcement of certain liens; to provide for an award of attorney fees3
and court costs in certain circumstances; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 33:1236(21)(a)(i) is hereby amended and reenacted to read as6
follows:7
ยง1236. Powers of parish governing authorities8
The police juries and other parish governing authorities shall have the9
following powers:10
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(21)(a)(i)(aa) To pass ordinances to compel property owners to cut grass and12
obnoxious weeds on their property, including property with structures located13
thereon. If the owners of lots located within subdivisions outside municipalities in14
the parish fail to cut and remove such grass and weeds when requested to do so,15
within fifteen days after receipt of a registered or certified letter by the police jury16
of said the parish, the police jury shall have authority to have such grass and weeds17
cut and removed and to charge the property owners therefor in accordance with18
regulations adopted by the police jury. Upon failure of any such property owner to19
pay the charges, the police jury may file a certified copy of said the charges with the20 HLS 12RS-2308 ORIGINAL
HB NO. 1117
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are additions.
recorder of mortgages, and the same, when so filed and recorded, shall operate as a1
lien and privilege in favor of the parish against the property on which said weeds and2
grass were cut and removed. The lien and privilege granted under this Paragraph,3
when recorded within sixty days from the date of completion of the cutting or4
removal, shall have the same ranking as an ad valorem tax lien on immovable5
property as provided in R.S. 9:4821(1). Parishes may, at their option, pass6
ordinances to add grass cutting charges as heretofore enumerated in this Paragraph7
to the annual ad valorem tax bill of the property involved if the charges remain8
unpaid; the ad valorem tax lien imposed thereby and such rights attendant thereto9
shall coexist with those granted under this Item.10
(bb) If any police jury or other parish governing authority passes an11
ordinance pursuant to the provisions of this Paragraph and records or otherwise12
enforces a lien pursuant to that ordinance against a person or his property and that13
person establishes that he is not the owner of the property subject to the lien, the14
police jury or other parish governing authority shall be liable for the payment of the15
reasonable attorney fees and court costs incurred for the removal of the wrongfully16
recorded lien and for the defense of any action taken for the enforcement of the lien17
by the police jury or other parish governing authority.18
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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)]
Billiot HB No. 1117
Abstract: Provides for the awarding of attorney fees and court costs incurred in the defense
of a wrongfully recorded and enforced grass-cutting lien.
Present law authorizes police juries and other parish governing authorities to pass ordinances
to compel property owners to cut grass and obnoxious weeds on their property.
Present law provides that if the owners of lots located within subdivisions outside
municipalities in the parish fail to cut and remove the grass and weeds when requested to do
so, within 15 days after receipt of a registered or certified letter by the police jury, the police
jury shall have authority to have the grass and weeds cut and removed and to charge the
property owners for the cutting and removal. HLS 12RS-2308 ORIGINAL
HB NO. 1117
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Present law provides that upon failure of the property owner to pay the charges, the police
jury may file and record a certified copy of the charges with the recorder of mortgages which
shall operate as a lien and privilege in favor of the parish against the property, and that lien
and privilege shall have the same ranking as an ad valorem tax lien on immovable property.
Present law authorizes parishes to pass ordinances to add grass-cutting charges to the annual
ad valorem tax bill of the property involved if the charges remain unpaid.
Proposed law provides that if any police jury or other parish governing authority passes an
ordinance and enforces a lien pursuant to the provisions of present law against a person or
his property, and that person establishes that he is not the owner of the property subject to
the lien, the police jury or other parish governing authority shall be liable for the payment
of the reasonable attorney fees and court costs incurred for the removal of the wrongfully
recorded lien and for the defense of any action taken for the enforcement of the lien by the
police jury or other parish governing authority.
(Amends R.S. 33:1236(21)(a)(i))