Louisiana 2021 2021 Regular Session

Louisiana House Bill HB372 Comm Sub / Analysis

                    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)]
HB 372 Engrossed	2021 Regular Session	Freeman
Abstract:  Authorizes the city of New Orleans to impose a daily penalty for the violation of
municipal building code ordinances and regulations.
Present law provides that the maximum penalty which may be imposed for the violation of any
ordinance enacted by the governing authority of the city of New Orleans is a fine of $500 for a first
offense violation and $1,000 for the second or any subsequent offense.  Further provides that the
maximum penalties do not apply to penalties for non-moving or parking violations or other traffic
violations, including those captured by an automated traffic enforcement system.
Proposed law retains present law and additionally authorizes the city of New Orleans to impose a
daily penalty for the violation of any municipal ordinance or permit that regulates the erection,
construction, alteration, extension, repair, moving, removal, demolition, or occupancy of a residential
building or structure.  Further authorizes the city to impose a daily penalty on any person or entity
who erects, constructs, alters, extends, repairs, moves, removes, demolishes, or occupies a residential
building or structure prior to obtaining proper permits and certificates from the city.
Proposed law provides that the penalties pursuant to proposed law may exceed the limitations
provided in present law, but the penalty cannot exceed 20% of the total final development costs if
the amount owed for penalties imposed for a single project exceeds $5,000.
Effective July 1, 2021.
(Amends R.S. 33:1375)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Municipal, Parochial and
Cultural Affairs to the original bill:
1. Restrict the applicability of proposed law to only residential buildings or structures.
2. Reduce the maximum penalty to be imposed for violations related to the same project if
the amount owed exceeds $5,000 from 45% to 20% of the total final development costs.
3. Require rather than authorize the city to adopt rules and regulations to implement
provisions of proposed law.