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Regular Session, 2012
HOUSE BILL NO. 409
BY REPRESENTATIVE RICHARDSON
PRESCRIPTION: Changes the prescriptive period for the enforcement of zoning
restrictions, building restrictions, subdivision regulations, and use regulations in the
city of Central
AN ACT1
To amend and reenact R.S. 9:5625(C), relative to the city of Central; to provide relative to2
zoning restrictions, building restrictions, subdivision regulations, and use3
regulations; to provide relative to the prescriptive period for bringing an action to4
enforce any such regulation or restriction; and to provide for related matters.5
Notice of intention to introduce this Act has been published6
as provided by Article III, Section 13 of the Constitution of7
Louisiana.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 9:5625(C) is hereby amended and reenacted to read as follows: 10
ยง5625. Violation of zoning restriction, building restriction, or subdivision regulation11
* * *12
C.(1) Notwithstanding the provisions of Subsection A of this Section, the13
following provisions of this Paragraph shall be applicable only to the parishes of East14
Baton Rouge and Jefferson or their instrumentalities. All actions, civil or criminal,15
created by statute, ordinance, or otherwise, except those actions created for the16
purpose of amortization of nonconforming signs and billboards enacted in17
conformity with the provisions of R.S. 33:4722, which may be brought by such18
parishes or their instrumentalities or by any person, firm, or corporation to require19
enforcement of and compliance with any zoning restriction, building restriction, or20 HB NO. 409
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subdivision regulation, imposed by any such parish or their instrumentalities, and1
based upon the violation by any person, firm, or corporation of such restriction or2
regulation, must be brought within three years from the date such parish or its3
properly authorized instrumentality or agency, if such agency has been designated,4
received actual notice in writing of such violation, and except for violations of use5
regulations, all such actions, civil or criminal, must be brought within five years6
from the date of the first act constituting the commission of the violation. However,7
in the parish of East Baton Rouge, and municipalities included within such parish,8
all actions, civil or criminal, for violations of use regulations must be brought within9
five years from the date of the first act constituting the commission of the violation.10
(2) Notwithstanding any other provision of law to the contrary, the11
provisions of this Paragraph shall be applicable to the city of Central. All actions12
civil or criminal, created by statute, ordinance, or otherwise, except those actions13
created for the purpose of amortization of nonconforming signs and billboards14
enacted in conformity with the provisions of R.S. 33:4722, which may be brought15
by the city or by any agency thereof or by any person, firm, or corporation to require16
enforcement of and compliance with any zoning restriction, building restriction,17
subdivision regulation, or use regulation imposed by the city or any agency thereof,18
and based upon a violation by any person, firm, or corporation of any such restriction19
or regulation, shall be brought within five years from the date the city or a properly20
authorized agency thereof, if such agency has been designated, first received actual21
notice in writing of any such violation.22
* * *23
Section 2. This Act shall become effective upon signature by the governor or, if not24
signed by the governor, upon expiration of the time for bills to become law without signature25
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If26
vetoed by the governor and subsequently approved by the legislature, this Act shall become27
effective on the day following such approval.28 HB NO. 409
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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)]
Richardson HB No. 409
Abstract: Relative to the city of Central, changes the prescriptive period for the
enforcement of zoning restrictions, building restrictions, subdivision regulations, or
use regulations.
Present law generally requires parishes and municipalities and any person, firm, or
corporation to bring all actions, civil or criminal, created by statute, ordinance, or otherwise
relative to the enforcement of any zoning restriction, building restriction, or subdivision
regulation, within five years from the first act constituting the commission of the violation.
Present law generally requires, with reference to violations of use regulations, that all such
actions, civil or criminal, be brought within five years from the date the parish, municipality,
and the properly authorized instrumentality or agency first had been actually notified in
writing of such violation.
Proposed law retains present law.
Present law provides exceptions for the parishes of East Baton Rouge and Jefferson.
Requires that all actions in such parishes, civil or criminal, created by statute, ordinance, or
otherwise be brought within three years from the date the parish or its properly authorized
instrumentality or agency received actual notice in writing of the violation. Additionally
requires that except for violations of use regulations, all such actions, civil or criminal, must
be brought within five years from the date of the first act constituting the commission of the
violation. Present law further requires that in East Baton Rouge Parish and municipalities
included within the parish, all actions, civil or criminal, for violations of use regulations be
brought within five years from the date of the first act constituting the commission of the
violation.
Proposed law retains present law but provides an exception for the city of Central. Requires
that all actions in the city, civil or criminal, created by statute, ordinance, or otherwise
relative to the enforcement of a zoning restriction, building restriction, subdivision
regulation, or use regulation imposed by the city or any agency thereof, be brought within
five years from the date the city or any agency thereof first received actual written notice of
the violation.
Present law retains proposed law except certain nonconforming signs and billboards from
such prescriptive periods.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 9:5625(C))