Louisiana 2014 2014 Regular Session

Louisiana House Bill HB339 Introduced / Bill

                    HLS 14RS-168	ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2014
HOUSE BILL NO. 339
BY REPRESENTATIVE LEGER
PARISH/ORLEANS:  Provides relative to the powers granted to the governing authority of
the city of New Orleans to remove weeds and other deleterious growths
AN ACT1
To amend and reenact R.S. 33:5062(A), relative to the city of New Orleans; to provide2
relative to the maintenance of property in a safe and sanitary condition; to provide3
relative to the powers granted to the governing authority of the city to maintain4
property in such condition; to remove provisions that prohibit the governing5
authority from enacting ordinances relative to the removal of weeds and other6
deleterious growths; to provide relative to the costs of removing such weeds and7
other growths; and to provide for related matters.8
Notice of intention to introduce this Act has been published9
as provided by Article III, Section 13 of the Constitution of10
Louisiana.11
Be it enacted by the Legislature of Louisiana:12
Section 1.  R.S. 33:5062(A) is hereby amended and reenacted to read as follows:13
ยง5062. Weed cutting in municipalities; abutting owner's liability; notice; waiver of14
notice15
A. The governing authority of any municipality	, except the city of New16
Orleans, may enact ordinances requiring that property be maintained in a safe and17
sanitary condition, including ordinances providing for the cutting, destruction, or18
removal of noxious weeds or grass or other deleterious, unhealthful, or noxious19
growths on any sidewalks or banquettes and on any lot, place, or area within the20 HLS 14RS-168	ORIGINAL
HB NO. 339
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
municipality.  The charges, costs, and expenses incurred by the municipal governing1
authority in enforcing such ordinances, shall, to the extent of the actual cost thereof2
to the municipal governing authority, be a charge, cost, or expense of the property3
abutting the sidewalk or banquette or of the lot, place, or area, and the owner thereof.4
*          *          *5
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
Leger	HB No. 339
Abstract: Relative to the city of New Orleans, authorizes the governing authority to enact
ordinances relative to the removal of weeds and other deleterious growths.
Present law authorizes municipal governing authorities, except the city of New Orleans, to
enact ordinances requiring that property be maintained in a safe and sanitary condition.
Authorizes the governing authorities to undertake the cutting, destruction, or removal of
noxious weeds or grass on any property within the municipality and charge the costs to the
owner or the owner of the abutting property only after the owner has failed to do the work
himself within five days after notice has been given him by advertisement in the official
journal of the municipality or after notice has been given him by registered mail. Present law
allows a municipality to act without notice if the owner has failed to do the work himself
after notice at any time during the preceding 12 months and which requires the municipality
to file and record an affidavit containing specified information.
Proposed law retains present law and makes present law applicable to the city of New
Orleans.
(Amends R.S. 33:5062(A))