Louisiana 2024 Regular Session

Louisiana House Bill HB147 Latest Draft

Bill / Chaptered Version

                            ENROLLED
ACT No. 545
2024 Regular Session
HOUSE BILL NO. 147
BY REPRESENTATIVE GLORIOSO
1	AN ACT
2 To enact R.S. 13:2575.2.1, relative to the city of Slidell; to provide relative to administrative
3 adjudication of certain ordinance violations and judicial review of administrative
4 hearings; to provide for definitions; and to provide for related matters.
5	Notice of intention to introduce this Act has been published
6	as provided by Article III, Section 13 of the Constitution of
7	Louisiana.
8 Be it enacted by the Legislature of Louisiana:
9 Section 1.  R.S. 13:2575.2.1 is hereby enacted to read as follows:
10 ยง2575.2.1.  City of Slidell; additional administrative adjudication procedures;
11	judicial review procedures
12	A.(1)  In the city of Slidell, the term "housing violation" as used in this
13 Section also encompasses building codes, zoning, vegetation, and nuisance
14 ordinances.
15	(2)  In the city of Slidell, the procedures for administrative adjudication
16 provided in this Section may also be utilized in matters involving licensing and
17 permits and any other ordinance violations that may be determined by the municipal
18 governing authority.
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HB NO. 147	ENROLLED
1	B.(1)  Any person aggrieved by a decision of the hearing officer of the city
2 of Slidell may present a petition to the district court of the parish along with payment
3 of reasonable costs as required by the clerk.  Such petition shall be duly verified, set
4 forth that the decision is illegal, in whole or in part, and specify the grounds of the
5 illegality.  The petition shall be presented to the court within thirty days after the
6 filing of the decision of the hearing officer.
7	(2)  Upon the presentation of the petition, the court may allow a writ of
8 certiorari directed to the hearing officer to review the decision of the hearing officer,
9 and there shall be prescribed therein the period of time within which a return may be
10 made and served upon the relator's attorney.  Such period shall be not less than ten
11 days but may be extended by the court.  The allowance of the writ shall not stay the
12 proceedings upon the decision or any enforcement thereof unless the person who
13 files the appeal for writ of certiorari furnishes security, prior to filing notice of
14 appeal, with the agency of the city designated by ordinance to accept such payments
15 in the amount fixed by the hearing officer sufficient to assure satisfaction of the
16 finding of the hearing officer relative to the fine, fee, penalty, costs of the hearing,
17 and costs, if any, of correcting the violation.
18	(3)  The hearing officer of the city of Slidell shall not be required to return
19 the original papers acted upon by the hearing officer but may return certified or
20 sworn copies thereof or such portions thereof as called for by the writ.  The return
21 shall concisely set forth such other facts as may be pertinent and material to show the
22 grounds of the decision appealed from and shall be verified.
23	(4)  If, upon the hearing, it appears to the court that testimony is necessary
24 for the proper disposition of the matter, the court may take additional evidence or
25 appoint a referee to take such evidence.  The referee shall report to the court with his
26 findings of fact and conclusions of law, and his report constitutes a part of the
27 proceedings upon which the determination of the court shall be made.
28	(5)  The court may reverse or affirm, wholly or in part, or may modify the
29 decision brought up for review.  All issues in any proceedings under this Section
30 shall have preference over all other civil actions and proceedings.  The appellant and
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1 the city of Slidell shall be parties in such civil action and proceeding; the hearing
2 officer of the city of Slidell shall not be a party to such civil action and proceeding.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:  
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions.