Louisiana 2022 2022 Regular Session

Louisiana House Bill HB818 Introduced / Bill

                    HLS 22RS-1120	ORIGINAL
2022 Regular Session
HOUSE BILL NO. 818
BY REPRESENTATIVE HUGHES
PROPERTY/ABANDONED:  Provides relative to certain expedited hearing schedules
1	AN ACT
2To amend and reenact R.S. 13:2575(A)(2), (B)(2), (D)(2), and (F)(2), relative to
3 administrative adjudication; to provide relative to blighted or abandoned property;
4 to provide for procedures; to provide for exemptions for certain populations; and to
5 provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1.  R.S. 13:2575(A)(2), (B)(2), (D)(2), and (F)(2) are hereby amended and
8reenacted to read as follows: 
9 ยง2575.  Blighted or abandoned property; public health, housing, fire code, building
10	code and certain other ordinance violations; administrative adjudication;
11	procedure; appeal; penalties
12	A.
13	*          *          *
14	(2)  For purposes of this Chapter, except in any parish with a population of
15 more than three hundred thousand and less than four hundred thousand according to
16 the latest federal decennial census, "blighted property" shall have the same meaning
17 as provided in R.S. 33:1374(B)(1), and "abandoned property" shall have the same
18 meaning as provided in R.S. 33:4720.59(D)(2).
19	B.
20	*          *          *
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 22RS-1120	ORIGINAL
HB NO. 818
1	(2)  Except in any parish with a population of more than three hundred
2 thousand and less than four hundred thousand according to the latest federal
3 decennial census, any Any municipality or parish that adopts an ordinance
4 establishing an administrative adjudication hearing procedure for determining
5 property to be blighted or abandoned, shall provide notice to the property owners and
6 to all mortgagees of record as provided in Paragraphs (D)(2) and (F)(2) of this
7 Section.
8	*          *          *
9	D.
10	*          *          *
11	(2)  Except in any parish with a population of more than three hundred
12 thousand and less than four hundred thousand according to the latest federal
13 decennial census, prior Prior to holding an administrative hearing for the
14 determination of blight or abandonment of property, the municipality or parish shall
15 notify the property owner and each mortgagee of record in the parish mortgage
16 records, at least thirty days in advance of the date of the administrative hearing.  The
17 notification shall state the time, date, and location of the hearing, the location of the
18 subject property, and an explanation that the hearing is for the purpose of making a
19 determination whether the subject property is blighted or abandoned.  The notice
20 shall be sent by certified or registered United States mail or personally served on the
21 property owner at the address listed in the assessor's office of the municipality or
22 parish, and on each mortgagee of record at the address provided in the recorded
23 mortgage.
24	*          *          *
25	F.
26	*          *          *
27	(2)  Except in any parish with a population of more than three hundred
28 thousand and less than four hundred thousand according to the latest federal
29 decennial census, within thirty days, excluding legal holidays, after After the hearing
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 22RS-1120	ORIGINAL
HB NO. 818
1 to determine whether a property is blighted or abandoned, the hearing officer shall
2 send written post hearing notice to the property owner and each mortgagee of record
3 explaining whether the hearing officer determined the subject property to be blighted
4 or abandoned and state whether any fine, penalty, costs, or fees are assessed.  The
5 post hearing notice shall be sent to the property owner and mortgagees of record in
6 the manner provided for in Paragraph (D)(2) of this Section.
7	*          *          *
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 818 Original 2022 Regular Session	Hughes
Abstract:  Removes the population limitation regarding blighted and abandoned property
administrative procedures.
Present law provides that any municipality or parish may prescribe civil fines for blighted
property, abandoned property, or properties in violation of public health, housing, fire code,
environmental, or historical district ordinances.
Present law provides an exception from present law for any parish with a population of more
than 300,000 and less than 400,000 according to the latest federal decennial census.  In both
2010 and 2020, this was and is the population in the municipality of New Orleans.
Proposed law changes present law to remove the population exception.
(Amends R.S. 13:2575(A)(2), (B)(2), (D)(2), and (F)(2))
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions.