Louisiana 2012 Regular Session

Louisiana Senate Bill SB447

Introduced
3/12/12  
Refer
3/12/12  

Caption

Authorizes municipalities to enact ordinances relative to the maintenance of property by owners and seizing creditors. (gov sig)

Impact

The impact of SB447 is multifaceted. By empowering municipal authorities to take proactive measures in property maintenance, the bill seeks to promote healthier living environments and reduce the incidence of neglected properties. Furthermore, the law facilitates cost recovery for local governments by allowing them to charge property owners for maintenance expenses incurred by the municipality, ensuring that the financial responsibility remains with the owners. This shift adds a level of accountability for property condition and provides municipalities tools to enforce cleanliness and safety standards effectively.

Summary

Senate Bill 447 aims to grant municipalities in Louisiana the authority to enact ordinances that ensure property owners maintain their properties in a safe and sanitary condition. This proposed legislation is specifically designed to fill in gaps in local governance related to property upkeep, establishing a clearer definition of an 'owner' to include not just property titleholders, but also creditors involved in property seizures. By expanding the definition of maintenance, the bill allows municipalities to address issues such as the repair of structures and the removal of noxious weeds, thus enhancing community aesthetic and safety standards.

Sentiment

The general sentiment surrounding SB447 appears to be cautiously optimistic among supporters, who view it as a positive step towards improved local governance and enhanced community standards. However, there are concerns raised about potential overreach, especially regarding how the bill might affect property rights and the ability of municipalities to impose regulations. Critics argue that while maintaining property is crucial, the authority granted in this bill could lead to disputes over municipal enforcement practices and the associated financial liabilities placed on property owners.

Contention

Notable points of contention include the potential ambiguity in defining what constitutes 'maintenance' and the mechanism for municipalities to charge property owners for upkeep work. The bill allows municipalities to act on properties without prior notice if the owner failed to comply with earlier orders, which raises issues regarding fairness and the possibility of arbitrary enforcement. Additionally, concerns have been voiced about how these changes may disproportionately affect lower-income property owners, particularly in surroundings already facing economic challenges.

Companion Bills

No companion bills found.

Previously Filed As

LA SB752

Authorizes municipalities to enact ordinances relative to abandoned properties. (10/1/12)

LA HB147

Authorizes the governing authority of St. Bernard Parish to enact ordinances requiring property owners to remove deleterious growths and trash

LA HB339

Provides relative to the powers granted to the governing authority of the city of New Orleans to remove weeds and other deleterious growths

LA HB1080

Authorizes certain parish governing authorities to enact ordinances relative to the removal of deleterious growths, trash, debris, and other noxious matter

LA HB270

Provides relative to the growth and accumulation of grass, weeds, and other deleterious matter in Orleans Parish

LA SB405

Provides for the acquisition of blighted property in certain municipalities. (gov sig)

LA HB687

Municipalities; establish alternative procedure to require property owners to make corrective repairs to property.

LA SB1087

Vegetative growth on certain property; maintenance.

LA HB616

Menaced property; authorize municipalities to secure abandoned or dilapidated buildings on such property.

LA HB415

Requires certain large municipalities to adopt ordinances regarding maintenance of the appearance and character of private property

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