Long (SB 51) Act No. 223
Prior law provided 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. New law retains these provisions and adds civil fines for blighted or abandoned
property.
New law provides for the definitions of blighted property and abandoned property.
New law exempts any parish whose populations is more than 300,000 and less than 400,000
from new law.
Prior law provided that any municipality or parish may adopt an ordinance or ordinances
establishing an administrative adjudication hearing procedure under prior law.
New law provides that any municipality or parish may adopt an ordinance or ordinances
establishing an administrative adjudication hearing procedure for blighted or abandoned
property.
Prior law required that any liens against immovable property as a result of violations of prior
law be included in the next annual ad valorem tax bill and all be paid along with the taxes,
subject to any valid homestead exemption. Further provided that failure to pay the 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.
New law retains these provisions but removes the reference to municipalities with
populations in excess of 300,000.
Prior law provided 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. New law removes 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.
Prior 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 provided for the requirements of the notification.
New 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
30 days in advance of the date that such a hearing is scheduled. Further provides for the
requirements of the notification.
Prior 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.
New 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. Prior law provided 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.
New law retains prior law and adds blighted or abandoned property determination to the prior
law appeal process.
Prior law referenced administrative adjudication of public health, housing, fire code,
environmental and historic district violations. New law retains these provisions and adds
references to administrative adjudication of blighted or abandoned property.
Prior law provided 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 in prior law.
New law removes reference to municipalities having a population of 300,000 or more,
making prior law applicable to any municipality or parish.
New 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 prior and new 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 prior and new law.
Effective upon signature of the governor (June 12, 2013).
(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))