Louisiana Senate Bill SB265

Louisiana 2012 Regular Session

• Introduced: 3/12/12
• Refer: 3/12/12
• Report Pass: 5/1/12
• Refer: 5/2/12
• Engrossed: 5/17/12
• Refer: 5/21/12

Caption

Authorizes the state fire marshal to declare certain buildings and structures as blighted. (8/1/12) (RE INCREASE SD EX See Note)

Impact

The proposed law modifies existing protocols regarding the management of dilapidated buildings by enforcing a system of public notification. Property owners must publish announcements explaining the reasons their property has been declared blighted and outlining plans for remediation. Additionally, failure to comply with these requirements results in civil penalties, imposed at $50 per day, capped at $5,000. These penalties collected will be funneled into the Louisiana Blighted Property Reclamation Revolving Loan Fund, enhancing resources available for managing such hazardous structures.

Summary

Senate Bill 265 aims to address issues related to blighted buildings and structures within Louisiana by authorizing the state fire marshal to declare such properties as blighted. This legislation specifies criteria for what constitutes a blighted building, including structural weaknesses, safety hazards, and health risks. The impact of this bill seeks to enhance public safety by encouraging the rehabilitation or removal of dangerous structures, thereby preventing them from becoming attractive nuisances and risks to the community.

Sentiment

Opinions surrounding SB 265 seem to emphasize the importance of maintaining public safety and the integrity of communities. Advocates, particularly those focusing on urban redevelopment, view the bill as a critical tool for revitalization efforts. However, there are concerns regarding the potential financial burden on property owners, particularly those with limited resources. The sentiment may also reflect a cautious stance towards increased regulation, as some stakeholders worry about the implications of the state’s expansive authority over local properties.

Contention

One notable point of contention during discussions of SB 265 centers on the balance between state intervention and property rights. Critics argue that the mechanisms for declaring a property blighted and the associated penalties could disproportionately impact low-income property owners, leading to distress and displacement. Furthermore, the bill's reliance on the state fire marshal's discretion raises questions about consistency and fairness in enforcement, potentially allowing for subjective interpretations of what constitutes a blighted condition.