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
McHenry Lee.
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 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 and each mortgagee of record 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 a 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 each mortgagee of record
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.
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.
Senate Floor Amendments to engrossed bill
1. Makes Legislative Bureau changes.
2. Makes Senate Floor Bureau technical changes.