SLS 13RS-261 ENGROSSED
Page 1 of 9
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2013
SENATE BILL NO. 51
BY SENATOR LONG
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CIVIL PROCEDURE. Provides relative to municipal and parish actions, liens, and
proceedings for blighted or abandoned property and for violations of public health, housing
and certain other ordinances. (gov sig)
AN ACT1
To amend and reenact R.S. 13:2575(A), (B), (C)(2), (D), (F) and (H) and2
2576(A)(introductory paragraph) and to enact R.S. 13:2576(A)(7), relative to3
administrative adjudication procedures for blighted or abandoned property, public4
health, housing, fire code, environmental and other ordinance violations; to provide5
certain municipal and parish population requirements and restrictions; to provide6
certain terms, conditions, requirements, and procedures; to provide for the7
enforcement of ordinances through administrative adjudication procedures and other8
procedures, including liens, actions and tax sales; to provide for the effects of such9
procedures and judgments; and to provide for related matters.10
Be it enacted by the Legislature of Louisiana:11
Section 1. R.S. 13:2575(A), (B), (C)(2), (D), (F) and (H) and 2576(A)(introductory12
paragraph) are hereby amended and reenacted and R.S. 13:2576(A)(7) is hereby enacted to13
read as follows:14
§2575. Municipalities with populations in excess of three hundred thousand;15
Blighted or abandoned property; public health, housing, fire code,16
building code and certain other ordinance and environmental17 SB NO. 51
SLS 13RS-261 ENGROSSED
Page 2 of 9
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
violations; administrative adjudication; procedure; appeal; penalties1
A.(1) Any municipality or parish may prescribe civil fines for blighted2
property, abandoned property, or violation of public health, housing, fire code,3
environmental, and historic district ordinances in the municipality or parish by4
owners of immovable property, their agents, tenants, or representatives pursuant to5
the procedures for administrative adjudication provided in this Chapter. For the6
purposes of this Chapter, "housing violations" shall encompass only those conditions7
in privately owned structures which are determined to constitute a threat or danger8
to the public health, safety or welfare and/or to the environment, or a historic district.9
In municipalities with a population of seventy thousand or more, the term "housing10
violation" as used in this Chapter shall also encompass building codes, zoning,11
vegetation, and nuisance ordinances. However, nothing in this Section shall be12
construed to affect activities which occur on the premises of manufacturing facilities13
and which are regulated by Title 30 of the Louisiana Revised Statutes of 1950.14
(2) For purposes of this Chapter, except in any parish with a population15
of more than three hundred thousand and less than four hundred thousand16
according to the latest federal decennial census, "blighted property" shall have17
the same meaning as provided in R.S. 33:1374, and "abandoned property" shall18
have the same meaning as provided in R.S. 33:4720.59.19
B.(1) Any municipality or parish may adopt an ordinance or ordinances20
establishing an administrative adjudication hearing procedure under the provisions21
of this Chapter. The ordinance or ordinances shall provide for a time period for22
persons charged with owning blighted or abandoned property, or violating a23
public health, housing, fire code, environmental, and historic district ordinance to24
have a hearing under the provisions of this Chapter. The ordinance shall provide for25
the appointment of one or more hearing officers who may be the director of health26
of the municipality or parish or the health officer of the parish in which the27
municipality is located or the designee of such official or, in the discretion of the28
governing authority, who may be a person who shall have been licensed to practice29 SB NO. 51
SLS 13RS-261 ENGROSSED
Page 3 of 9
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
law in Louisiana for two years.1
(2) Except in any parish with a population of more than three hundred2
thousand and less than four hundred thousand according to the latest federal3
decennial census, any municipality or parish that adopts an ordinance4
establishing an administrative adjudication hearing procedure for determining5
property to be blighted or abandoned, shall provide notice to the property6
owners and to all mortgage holders as provided in Subparagraphs (D)(2) and7
(F)(2) of this Section.8
(3) Each municipality or parish shall have the authority to empower the9
hearing officer with authority to:10
* * *11
C. (1)12
* * *13
(2) Any liens placed against such immovable property shall be included in14
the next annual ad valorem tax bill and shall be paid along with such taxes, subject,15
however, to any valid homestead exemption. Failure to pay the liens shall cause the16
immovable property in or on which the violation occurred to be subject to the same17
provisions of law as govern tax sales of immovable property, except that in18
municipalities with populations in excess of three hundred thousand according to the19
latest federal decennial census, when the immovable property has been declared20
blighted or a public nuisance by an administrative hearing officer acting in21
accordance with this Section, the property owners and other parties having interests22
in the property shall not have a right of redemption. However, if the immovable23
property has been sold for nonpayment of taxes to a tax sale purchaser other than the24
municipality, and if the right of redemption from the tax sale has not elapsed at least25
one year prior to the sale pursuant to this Section, the tax sale purchaser shall have26
a right of redemption from the sale pursuant to this Section until one year after the27
right of redemption from the tax sale elapses. In addition, in municipalities with28
populations in excess of three hundred thousand according to the latest federal29 SB NO. 51
SLS 13RS-261 ENGROSSED
Page 4 of 9
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
decennial census, failure to pay the liens shall also cause such liens and privileges1
to be subject to enforcement in accordance with R.S. 13:2576. Any liens placed2
against immovable property that has a legal homestead exemption from taxes will3
become payable ninety days after the death of the owner thereof or immediately4
upon recordation of any conventional mortgage on the immovable property or5
transfer of title to a new owner, whichever occurs first.6
D.(1) Prior to holding an administrative hearing for public health, housing,7
fire code, environmental, and historic district violations, the municipality or parish8
shall notify the property owner at least fifteen days in advance of the date that such9
a hearing is scheduled. This notification shall state the time, date, and location of the10
hearing, the alleged violations, and it shall be sent by certified or registered United11
States mail to the violator or personally served on the violator at the address as listed12
in the assessor's office of the municipality or parish. The date of the postmark shall13
be deemed to be the date of delivery. Any notification so sent and returned by the14
United States Post Office shall be considered as having fulfilled the notification15
requirement. Failure of any person charged with a violation to appear at the hearing16
shall be considered an admission of liability for the charged violation. Any order17
compelling the attendance of witnesses or the production of documents may be18
enforced by the city or municipal court of the municipality or the parish court in19
whose jurisdiction the municipality is located, or in the parish court of the parish20
initiating the action. 21
(2) Except in any parish with a population of more than three hundred22
thousand and less than four hundred thousand according to the latest federal23
decennial census, prior to holding an administrative hearing for the24
determination of blight or abandonment of property, the municipality or parish25
shall notify the property owner and all current mortgage holders holding a26
mortgage recorded in the parish mortgage records, at least fifteen days in27
advance of the date of the administrative hearing. The notification shall state28
the time, date, and location of the hearing, the location of the subject property,29 SB NO. 51
SLS 13RS-261 ENGROSSED
Page 5 of 9
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
and an explanation that the hearing is for the purpose of making a1
determination whether the subject property is blighted or abandoned. The2
notice shall be sent by certified or registered United States mail or personally3
served on the property owner at the address listed in the assessor's office of the4
municipality or parish, and on each mortgage holder at the address provided5
in the recorded mortgage.6
* * *7
F.(1) The hearing officer shall issue an order within thirty days, excluding8
legal holidays, of the hearing stating whether or not the person charged is liable for9
the violation, and the amount of any fine, penalty, costs, or fee assessed against him,10
and a date by which the violation shall be corrected. In addition to the enforcement11
procedure and authority set forth in Paragraph (B)(2) of this Section, any order12
assessing a fine, penalty, costs, or fee or stipulating a correction date may be13
enforced by the city or municipal court of the municipality or the parish court in14
whose jurisdiction the municipality is located, or in the parish court of the parish15
initiating the action.16
(2) Except in any parish with a population of more than three hundred17
thousand and less than four hundred thousand according to the latest federal18
decennial census, within thirty days, excluding legal holidays, after the hearing19
to determine whether a property is blighted or abandoned, the hearing officer20
shall send written post hearing notice to the property owner and current21
mortgage holders explaining whether the hearing officer determined the subject22
property to be blighted or abandoned and state whether any fine, penalty, costs,23
or fees are assessed. The post hearing notice shall be sent to the property owner24
and current mortgage holders in the manner provided for in Subparagraph25
(D)(2) of this Section.26
* * *27
H. Any property owner or mortgage holder of property determined to28
be blighted or abandoned property, or any person determined by the hearing29 SB NO. 51
SLS 13RS-261 ENGROSSED
Page 6 of 9
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
officer to be in violation of a public health, housing, fire code, environmental, or1
historic district ordinance may appeal this determination to the appropriate district2
court. Such appeal shall be instituted by filing, within thirty calendar days of the3
hearing officer's order, a petition with the clerk of court for the district court along4
with payment of such reasonable costs as may be required by the clerk. After filing5
a petition for appeal, the clerk of court of the district court shall schedule a hearing6
and notify all parties of the date, time, and place of such hearing. Service of notice7
of appeal under this Subsection shall not stay the enforcement and collection of the8
judgment unless the person who files the appeal furnishes security prior to filing9
notice of appeal with the agency of the municipality or parish designated by10
ordinance to accept such payments in the amount to be fixed by the hearing officer11
sufficient to assure satisfaction of the finding of the hearing officer relative to the12
fine, fee, penalty, costs of the hearing, and costs, if any, of correcting the violation.13
* * *14
§2576. Administrative adjudication of blighted or abandoned property, public15
health, housing, fire code, environmental, and historic district16
violations; municipalities with a population in excess of three17
hundred thousand18
A. In each any municipality or parish having a population of three hundred19
thousand or more according to the latest federal decennial census, the failure to pay20
the liens, privileges, and judicial mortgages, and any fines, fees, penalties, or hearing21
costs imposed pursuant to R.S. 13:2575 shall cause the liens, privileges, and judicial22
mortgages, and any fines, fees, penalties, or hearing costs to be enforceable pursuant23
to the following provisions, in addition to those provided for in R.S. 13:2575:24
* * *25
(7) If property for which tax sale title was acquired and held by a26
political subdivision pursuant to R.S. 47:2196 is sold pursuant to this Chapter,27
upon recordation of such sale the property shall no longer be deemed28
adjudicated property. For purposes of any rights of redemption required29 SB NO. 51
SLS 13RS-261 ENGROSSED
Page 7 of 9
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
pursuant to state law, the redemption period shall be deemed to have1
commenced on the date of the recordation of the initial adjudication to the2
political subdivision and not on the date of sale pursuant to this Chapter.3
* * *4
Section 2. This Act shall become effective upon signature by the governor or, if not5
signed by the governor, upon expiration of the time for bills to become law without signature6
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If7
vetoed by the governor and subsequently approved by the legislature, this Act shall become8
effective on the day following such approval.9
The original instrument was prepared by Julie J. Baxter. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by J. W. Wiley.
DIGEST
Long (SB 51)
Present law provides that any municipality or parish may prescribe civil fines for violation
of public health, house, fire code, environmental, and historic district ordinances in the
municipality or parish by owners of immovable property, their agents, tenants, or
representatives pursuant to the procedures for administrative adjudication provided in the
present law.
Proposed law retains present law and adds civil fines for blighted or abandoned property.
Proposed law provides for the definitions of blighted property and abandoned property.
Proposed law exempts any parish whose populations is more than 300,000 and less than
400,000 from the provisions of proposed law.
Present law provides that any municipality or parish may adopt an ordinance or ordinances
establishing an administrative adjudication hearing procedure under the provisions of present
law.
Proposed law provides that any municipality or parish may adopt an ordinance or ordinances
establishing an administrative adjudication hearing procedure for blighted or abandoned
property.
Present law provides that any liens against immovable property as a result of such violations
shall be included in the next annual ad valorem tax bill and all be paid along with such taxes,
subject to any valid homestead exemption. Further provides that failure to pay such liens
shall cause the immovable property in or on which the violation occurred to be subject to the
same provisions of law as govern tax sales of immovable property, except that, in
municipalities with populations in excess of 300,000, when the immovable property has been
declared blighted or a public nuisance by an administrative hearing officer, the property
owners and other parties having interests in the property shall not have a right of redemption.
Present law provides that, in municipalities with populations in excess of 300,000, failure
to pay certain liens shall cause such liens and privileges to be subject to enforcement in SB NO. 51
SLS 13RS-261 ENGROSSED
Page 8 of 9
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
accordance with R.S. 13:2576.
Proposed law removes present reference to municipalities with populations in excess of
300,000, so that failure to pay certain liens in any municipality or parish shall cause such
liens and privileges to be subject to enforcement in accordance with R.S. 13:2576.
Present law provides that prior to holding an administrative hearing for public health,
housing, fire code, environmental, and historic district violations, the municipality or parish
shall notify the property owner at least 15 days in advance of the date that such a hearing is
scheduled. Further provides for the requirements of the notification.
Proposed law provides that, except in any parish with a population of more than 300,000 and
less than 400,000 according to the latest federal decennial census, prior to holding an
administrative hearing for determination of blight or abandonment of property, the
municipality or parish shall notify the property owner at least 15 days in advance of the date
that such a hearing is scheduled. Further provides for the requirements of the notification.
Present law provides that hearing officer will issue an order within 30 days, excluding legal
holidays, of the hearing stating whether or not the person charged is liable for the violation,
and the amount of any fine, penalty, costs, or fee assessed against him, and a date by which
the violation shall be corrected.
Proposed law provides that, except in any parish with a population of more than 300,000 and
less than 400,000 according to the latest federal decennial census, within 30 days, excluding
legal holidays, after the hearing to determine whether a property is blighted or abandoned,
the hearing officer shall send written post hearing notice to the property owner and current
mortgage holders explaining whether the hearing officer determined the subject property to
be blighted or abandoned and state whether any fine, penalty, costs, or fees are assessed.
Present law provides that any person determined by the hearing officer to be in violation of
a public health, housing, fire code, environmental, or historic district ordinance may appeal
this determination to the appropriate district court and provides for the appeal process.
Proposed law retains present law and adds blighted or abandoned property determination to
the present law appeal process.
Present law references administrative adjudication of public health, housing, fire code,
environmental and historic district violations.
Proposed law adds references to administrative adjudication of blighted or abandoned
property.
Present law provides that in each municipality having a population of 300,000 or more, the
failure to pay liens, privileges, judicial mortgages and any fines, fees, penalties or hearing
costs imposed pursuant to R.S. 13:2575 shall cause the lien, privileges, judicial mortgages
and any fines, fees, penalties or hearing costs to be enforceable pursuant to certain provisions
listed.
Proposed law removes reference to municipalities having a population of 300,000 or more,
making present law applicable to any municipality or parish.
Proposed law provides that if property for which tax sale title was acquired and held by a
political subdivision pursuant to R.S. 47:2196 is sold pursuant to the present and proposed
law, upon recordation of such sale the property shall no longer be deemed adjudicated
property. For purposes of any rights of redemption required pursuant to state law, the
redemption period shall be deemed to have commenced on the date of the recordation of the
initial adjudication to the political subdivision and not on the date of sale pursuant to the
present and proposed law. SB NO. 51
SLS 13RS-261 ENGROSSED
Page 9 of 9
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 13:2575(A), (B), (C)(2), (D), (F) and (H) and 2576(A)(intro para); adds R.S.
13:2576(A)(7))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Senate and
Governmental Affairs to the engrossed bill
1. Exempts any parish whose populations is more than 300,000 and less than
400,000 from the provisions of proposed law.
2. Adds definitions.
3. Adds a hearing procedure for blighted or abandoned property, including pre-
hearing notice, post-hearing determination, and appeals process.