SLS 12RS-695 ORIGINAL
Page 1 of 4
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2012
SENATE BILL NO. 447
BY SENATORS PETERSON, APPEL, MARTINY AND MORRELL AND
REPRESENTATIVES ADAMS, BILLIOT, CONNICK, HENRY,
LEOPOLD, LIGI, LOPINTO, LORUSSO, TALBOT AND WILLMOTT
MUNICIPALITIES. Authorizes municipalities to enact ordinances relative to the
maintenance of property by owners and seizing creditors. (gov sig)
AN ACT1
To amend and reenact R.S. 33:5062 and 5063, relative to ordinances requiring property be2
maintained in a safe and sanitary condition; to provide for the governing authority3
of a municipality to require that property is maintained by it's owners; to provide for4
definitions; to provide for notice; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 33:5062 and 5063 are hereby amended and reenacted to read as7
follows: 8
§5062. Weed cutting and maintenance in municipalities; abutting owner's liability;9
notice; waiver of notice10
A. The governing authority of any municipality, except the city of New11
Orleans, may enact ordinances requiring that property be maintained by owners in12
a safe and sanitary condition, including but not limited to ordinances providing for13
the maintenance of structures and the cutting, destruction, or removal of noxious14
weeds or grass or other deleterious, unhealthful, or noxious growths on any15
sidewalks or banquettes and on any lot, place, or area within the municipality. The16
charges, costs, and expenses incurred by the municipal governing authority in17 SB NO. 447
SLS 12RS-695 ORIGINAL
Page 2 of 4
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
enforcing such ordinances, shall, to the extent of the actual cost thereof to the1
municipal governing authority, be a charge, cost, or expense of the property abutting2
the sidewalk or banquette or of the lot, place, or area, and the owner thereof.3
(1) For purposes of this Section, "owner" is defined as those in control4
of the property at issue including but not limited to seizing creditors and lien5
holders of foreclosed property pending title transfer.6
(2) For purposes of this Section, "maintenance" includes, but is not7
limited to, ordinary repair to structures, securing and maintaining swimming8
pools, and removal of trash and debris, in comparison with the neighborhood9
standard.10
B. No such work shall be undertaken by the municipal governing authority11
pursuant to this Section until the owner of the lot, place, or area, or the owner of the12
abutting property where the maintenance must be performed or weeds or growths13
are to be removed, as shown on the last assessment roll of the municipality or as14
evidenced by a notice of seizure filed in the mortgage and conveyance office, has15
an opportunity of doing the work himself within at least five days after notice has16
been given him by advertisement in the official journal of the municipality within17
which same is located for two consecutive days or after notice has been given him18
by registered mail, addressed in accordance with the tax rolls of the municipality.19
C. However, a municipal governing authority may undertake the20
maintenance of the property or the cutting, destruction, or removal of noxious21
weeds or grass or other deleterious, unhealthful, or noxious growths on any property22
within the municipality on a monthly basis without the notice required in Subsection23
B of this Section if the property owner liable has been notified pursuant to said24
Subsection at any time during the immediately preceding twelve months and has25
failed to do the work himself after opportunity to do so. However, prior to26
undertaking such work, the municipal governing authority shall file and record an27
affidavit, signed by the mayor of the municipality or his designee, at its28
administrative office. Such affidavit shall include the following:29 SB NO. 447
SLS 12RS-695 ORIGINAL
Page 3 of 4
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(1) A description of the property sufficient to reasonably identify it.1
(2) A photograph of the property sufficient to reasonably identify its unsafe,2
or unsanitary, or un-maintained condition and to justify the necessity for3
maintenance, cutting, destroying, or removing weeds, grass, or other noxious4
growths.5
(3) A statement that the property owner liable has within the past twelve6
months failed to do such work after notification and opportunity to do so pursuant7
to Subsection B of this Section.8
* * *9
§5063. Mailing statement showing expense incurred; addition to tax liability10
If, after the maintenance, cutting, destruction or removal of such debris,11
weeds, grass, or growths, by the municipality after due notice as above provided, the12
cost or expense thereof has not been paid within ten days, the tax collector of the13
municipality shall furnish the owner, as shown on the last assessment roll of the14
municipality or as evidenced by a notice of seizure filed in the mortgage and15
conveyance office, by registered mail a written statement showing the cost or16
expense incurred for the work, and the place or property on which the work was17
done. If the said statement is not paid within one month thereafter, the amount18
thereof shall be included in and form part of the taxes due by the owner of said19
property, and when collected shall be credited to the general fund of said20
municipality.21
Section 2. This Act shall become effective upon signature by the governor or, if not22
signed by the governor, upon expiration of the time for bills to become law without signature23
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If24
vetoed by the governor and subsequently approved by the legislature, this Act shall become25
effective on the day following such approval.26 SB NO. 447
SLS 12RS-695 ORIGINAL
Page 4 of 4
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Michael Bell.
DIGEST
Present law provides for the governing authority of any municipality, except the city of New
Orleans, to enact ordinances requiring that property be maintained in a safe and sanitary
condition.
Proposed law retains present law and adds that the property be maintained by owners in a
safe and sanitary condition.
Proposed law provides for the following:
(1)"Owner" is defined as those in control of the property at issue including but not
limited to seizing creditors and lien holders of foreclosed property pending title
transfer.
(2)"Maintenance" includes, but is not limited to, ordinary repair to structures, securing
and maintaining swimming pools, and removal of trash and debris, in comparison
with the neighborhood standard.
Present law provides that no work shall be undertaken by the municipal governing authority
until the owner of the lot, place, or area, or the owner of the abutting property where the
weeds or growths are to be removed, as shown on the last assessment roll of the
municipality, has an opportunity of doing this himself.
Proposed law retains present law and recognizes a notice of seizure filed in the mortgage and
conveyance office as to ownership of property.
Proposed law retains present law and adds maintenance and debris removal as a billable
function of the municipality.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 33:5062 and 5063)