Louisiana § RS 33:4720.57 - Preparation and adoption of community improvement plan

§ RS 33:4720.57. Preparation and adoption of community improvement plan

A.  The authority shall not institute a community improvement plan for any area unless the local governing body after advice thereon by the city planning commission has, by resolution, determined such area to be a slum or a blighted area or a combination thereof, or determined such facility to be functionally obsolescent and designated such area as appropriate for a community improvement project.

B.  The authority may prepare or cause to be prepared a community improvement plan, and is hereby authorized, in connection therewith, to apply for and receive planning advances from the federal government or other bodies.  Prior to submission of the community improvement plan to the local governing body, the authority shall hold at least one public information meeting for the residents and property owners of the affected neighborhood to be called after proper notice given ten days prior to the date thereof in a newspaper of general circulation in the municipality.  Prior to its approval of a community improvement plan, the authority shall submit such plan to the city planning commission for review and recommendation as to its conformity with the general plan for the development of the municipality as a whole.  The planning commission after review of the plan by such agencies as it considers appropriate shall submit its written recommendations with respect to the proposed community improvement plan to the local governing body within forty-five days after receipt of the plan for review.  Upon receipt of the approval, disapproval, or recommendations of the planning commission, or if no approval, disapproval, or recommendations are received within the said forty-five days, then the local governing body may proceed with the hearing on the proposed community improvement plan described in Subsection C of this Section.

C.(1)  The local governing body shall hold a public hearing on the community improvement plan after notice thereof has been mailed to or deposited at every place of residence and commercial establishment within said area and after public notice has been published at least fourteen days prior to the hearing in a newspaper having a general circulation in the municipality.  The notice shall include the time, date, place, and purpose of the hearing, shall generally identify the area covered by the plan, and shall outline the general scope of the project under consideration.  Failure by anyone to receive such notice shall not invalidate approval of the plan.

(2)  At the hearing the governing body shall afford any opportunity to all persons or agencies interested to be heard and shall receive, make known, and consider recommendations in writing with reference to the community improvement plan.

(3)  The governing body shall approve, reject, make recommendations for changes, or modify the community improvement plan as submitted.  In the event that the community improvement plan involves property located within the Vieux Carre section of the city, as defined in the Constitution of Louisiana, the community improvement plan must first be approved by the Vieux Carre Commission insofar as concerns that property which is located within the Vieux Carre section.  The governing body shall not approve a community improvement plan unless it is satisfied that adequate provisions will be made to rehouse displaced families, if any, without undue hardship.

(4)  Upon approval by the governing body of the community improvement plan, the authority is authorized to take such action as may be necessary to implement such plan.

D.  Each redevelopment plan or project proposed through the plans prepared or caused to be prepared by the authority in compliance with this Chapter shall be approved by the mayor of the municipality. However, any member of the legislature whose district includes any part of the parish of Orleans may meet with the mayor and recommend changes in the redevelopment plan or project which would affect his legislative district.

E.  Subject to the provisions of Subsection C of this Section a community improvement plan may be modified at any time, but if it is modified after the lease or sale by the authority of real property in the redevelopment area, such modification shall be subject to such rights as a lessee or purchaser or his successor or successors in interest may be entitled to assert; however, no public hearing shall be required if the local governing body determines by resolution that the modification is minor in nature.

F.(1)  Notwithstanding R.S. 33:4720.57(A), a community-based organization, which is representative of and empowered by its citizens may request, via public hearing to the city council housing and human needs committee, that an area be designated appropriate for a community improvement plan or project.

(2)  At the public hearing, the community-based organization shall submit an assessment to support such a request.  Upon approval of the community-based organization's request to designate such an area as appropriate for a community improvement plan or project, the authority may prepare or cause to be prepared a community improvement plan.

(3)  Community-based organizations for purposes of this Section shall include: neighborhood associations, universities, community development corporations, economic development foundations, business associations, faith-based organizations, or any combination thereof.

G.  Notwithstanding any other provisions of this Chapter whenever the local governing body has certified that an area is in need of redevelopment or rehabilitation as a result of an act of God, fire, bombing, riot, or other catastrophe, the local governing body may approve a community improvement plan or project with respect to such area without regard to the provisions of Subsections B and C of this Section.

Acts 2004, No. 349, §1; Acts 2005, No. 437, §1, eff. July 11, 2005; Acts 2006, No. 666, §1, June 29, 2006.