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Regular Session, 2013 ENROLLED
SENATE BILL NO. 51
BY SENATORS LONG, GALLOT, RISER AND THOMPSON
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
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
violations; administrative adjudication; procedure; appeal; penalties18
A.(1) Any municipality or parish may prescribe civil fines for blighted19 SB NO. 51 ENROLLED
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property, abandoned property, or violation of public health, housing, fire code,1
environmental, and historic district ordinances in the municipality or parish by2
owners of immovable property, their agents, tenants, or representatives pursuant to3
the procedures for administrative adjudication provided in this Chapter. For the4
purposes of this Chapter, "housing violations" shall encompass only those conditions5
in privately owned structures which are determined to constitute a threat or danger6
to the public health, safety or welfare and/or, to the environment, or a historic7
district. In municipalities with a population of seventy thousand or more according8
to the latest federal decennial census, the term "housing violation" as used in this9
Chapter shall also encompass building codes, zoning, vegetation, and nuisance10
ordinances. However, nothing in this Section shall be construed to affect activities11
which occur on the premises of manufacturing facilities and which are regulated by12
Title 30 of the Louisiana Revised Statutes of 1950.13
(2) For purposes of this Chapter, except in any parish with a population14
of more than three hundred thousand and less than four hundred thousand15
according to the latest federal decennial census, "blighted property" shall have16
the same meaning as provided in R.S. 33:1374(B)(1), and "abandoned17
property" shall have the same meaning as provided in R.S. 33:4720.59(D)(2).18
B.(1) Any municipality or parish may adopt an ordinance or ordinances19
establishing an administrative adjudication hearing procedure under the provisions20
of this Chapter. The ordinance or ordinances shall provide for a time period for21
persons charged with owning blighted or abandoned property, or violating a22
public health, housing, fire code, environmental, and historic district ordinance to23
have a hearing under the provisions of this Chapter. The ordinance shall provide for24
the appointment of one or more hearing officers who may be the director of health25
of the municipality or parish or the health officer of the parish in which the26
municipality is located or the designee of such official or, in the discretion of the27
governing authority, who may be a person who shall have been licensed to practice28
law in Louisiana for two years.29
(2) Except in any parish with a population of more than three hundred30 SB NO. 51 ENROLLED
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thousand and less than four hundred thousand according to the latest federal1
decennial census, any municipality or parish that adopts an ordinance2
establishing an administrative adjudication hearing procedure for determining3
property to be blighted or abandoned, shall provide notice to the property4
owners and to all mortgagees of record as provided in Paragraphs (D)(2) and5
(F)(2) of this Section.6
(3) Each municipality or parish shall have the authority to empower the7
hearing officer with authority to:8
* * *9
C. (1)10
* * *11
(2) Any liens placed against such immovable property shall be included in12
the next annual ad valorem tax bill and shall be paid along with such taxes, subject,13
however, to any valid homestead exemption. Failure to pay the liens shall cause the14
immovable property in or on which the violation occurred to be subject to the same15
provisions of law as govern tax sales of immovable property, except that in16
municipalities with populations in excess of three hundred thousand according to the17
latest federal decennial census, when the immovable property has been declared18
blighted or a public nuisance by an administrative hearing officer acting in19
accordance with this Section, the property owners and other parties having interests20
in the property shall not have a right of redemption. However, if the immovable21
property has been sold for nonpayment of taxes to a tax sale purchaser other than the22
municipality, and if the right of redemption from the tax sale has not elapsed at least23
one year prior to the sale pursuant to this Section, the tax sale purchaser shall have24
a right of redemption from the sale pursuant to this Section until one year after the25
right of redemption from the tax sale elapses. In addition, in municipalities with26
populations in excess of three hundred thousand according to the latest federal27
decennial census, failure to pay the liens shall also cause such liens and privileges28
to be subject to enforcement in accordance with R.S. 13:2576. Any liens placed29
against immovable property that has a legal homestead exemption from taxes will30 SB NO. 51 ENROLLED
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become payable ninety days after the death of the owner thereof or immediately1
upon recordation of any conventional mortgage on the immovable property or2
transfer of title to a new owner, whichever occurs first.3
D.(1) Prior to holding an administrative hearing for public health, housing,4
fire code, environmental, and historic district violations, the municipality or parish5
shall notify the property owner at least fifteen days in advance of the date that such6
a hearing is scheduled. This notification shall state the time, date, and location of the7
hearing, the alleged violations, and it shall be sent by certified or registered United8
States mail to the violator or personally served on the violator at the address as listed9
in the assessor's office of the municipality or parish. The date of the postmark shall10
be deemed to be the date of delivery. Any notification so sent and returned by the11
United States Post Office shall be considered as having fulfilled the notification12
requirement. Failure of any person charged with a violation to appear at the hearing13
shall be considered an admission of liability for the charged violation. Any order14
compelling the attendance of witnesses or the production of documents may be15
enforced by the city or municipal court of the municipality or the parish court in16
whose jurisdiction the municipality is located, or in the parish court of the parish17
initiating the action. 18
(2) Except in any parish with a population of more than three hundred19
thousand and less than four hundred thousand according to the latest federal20
decennial census, prior to holding an administrative hearing for the21
determination of blight or abandonment of property, the municipality or parish22
shall notify the property owner and each mortgagee of record in the parish23
mortgage records, at least thirty days in advance of the date of the24
administrative hearing. The notification shall state the time, date, and location25
of the hearing, the location of the subject property, and an explanation that the26
hearing is for the purpose of making a determination whether the subject27
property is blighted or abandoned. The notice shall be sent by certified or28
registered United States mail or personally served on the property owner at the29
address listed in the assessor's office of the municipality or parish, and on each30 SB NO. 51 ENROLLED
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mortgagee of record at the address provided in the recorded mortgage.1
* * *2
F.(1) The hearing officer shall issue an order within thirty days, excluding3
legal holidays, of the hearing stating whether or not the person charged is liable for4
the violation, and the amount of any fine, penalty, costs, or fee assessed against him,5
and a date by which the violation shall be corrected. In addition to the enforcement6
procedure and authority set forth in Paragraph (B)(2) of this Section, any order7
assessing a fine, penalty, costs, or fee or stipulating a correction date may be8
enforced by the city or municipal court of the municipality or the parish court in9
whose jurisdiction the municipality is located, or in the parish court of the parish10
initiating the action.11
(2) Except in any parish with a population of more than three hundred12
thousand and less than four hundred thousand according to the latest federal13
decennial census, within thirty days, excluding legal holidays, after the hearing14
to determine whether a property is blighted or abandoned, the hearing officer15
shall send written post hearing notice to the property owner and each16
mortgagee of record explaining whether the hearing officer determined the17
subject property to be blighted or abandoned and state whether any fine,18
penalty, costs, or fees are assessed. The post hearing notice shall be sent to the19
property owner and mortgagees of record in the manner provided for in20
Paragraph (D)(2) of this Section.21
* * *22
H. Any property owner or mortgagee of record of property determined23
to be blighted or abandoned property, or any person determined by the hearing24
officer to be in violation of a public health, housing, fire code, environmental, or25
historic district ordinance may appeal this determination to the appropriate district26
court. Such appeal shall be instituted by filing, within thirty calendar days of the27
hearing officer's order, a petition with the clerk of court for the district court along28
with payment of such reasonable costs as may be required by the clerk. After filing29
a petition for appeal, the clerk of court of the district court shall schedule a hearing30 SB NO. 51 ENROLLED
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and notify all parties of the date, time, and place of such hearing. Service of notice1
of appeal under this Subsection shall not stay the enforcement and collection of the2
judgment unless the person who files the appeal furnishes security prior to filing3
notice of appeal with the agency of the municipality or parish designated by4
ordinance to accept such payments in the amount to be fixed by the hearing officer5
sufficient to assure satisfaction of the finding of the hearing officer relative to the6
fine, fee, penalty, costs of the hearing, and costs, if any, of correcting the violation.7
* * *8
§2576. Administrative adjudication of blighted or abandoned property, public9
health, housing, fire code, environmental, and historic district10
violations; municipalities with a population in excess of three11
hundred thousand12
A. In each any municipality having a population of three hundred thousand13
or more according to the latest federal decennial census or parish, the failure to pay14
the liens, privileges, and judicial mortgages, and any fines, fees, penalties, or hearing15
costs imposed pursuant to R.S. 13:2575 shall cause the liens, privileges, and judicial16
mortgages, and any fines, fees, penalties, or hearing costs to be enforceable pursuant17
to the following provisions, in addition to those provided for in R.S. 13:2575:18
* * *19
(7) If property for which tax sale title was acquired and held by a20
political subdivision pursuant to R.S. 47:2196 is sold pursuant to this Chapter,21
upon recordation of such sale the property shall no longer be deemed22
adjudicated property. For purposes of any rights of redemption required23
pursuant to state law, the redemption period shall be deemed to have24
commenced on the date of the recordation of the initial adjudication to the25
political subdivision and not on the date of sale pursuant to this Chapter.26
* * *27
Section 2. This Act shall become effective upon signature by the governor or, if not28
signed by the governor, upon expiration of the time for bills to become law without signature29
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If30 SB NO. 51 ENROLLED
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vetoed by the governor and subsequently approved by the legislature, this Act shall become1
effective on the day following such approval.2
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: