Louisiana § RS 33:4752 - Removal of dangerous structures; maintenance of property; interest; assistance of national guard

§ RS 33:4752. Removal of dangerous structures; maintenance of property; interest; assistance of national guard

A.(1)  Both the city of New Orleans and the city of Shreveport may adopt ordinances, rules, and regulations in order to condemn and cause to be demolished, removed, or both, any building or other structure, situated within their respective municipal boundaries, which, by reason of its nature or condition, endangers the public welfare or safety.

(2)  Both the city of New Orleans and the city of Shreveport may, by ordinance, provide a method of demolishing, removing, or both, buildings or structures and maintaining property in a sanitary condition subsequent to demolition, including grass cutting, weed abatement, and trash and garbage removal, at the expense of the property owner.

(3)  Such ordinances shall include provisions for notification of the owner and an opportunity to be heard.

B.(1)  Upon failure of the property owner to pay any costs incurred by the respective municipality for demolition, removal, or both, of such structures and for maintenance of property subsequent to demolition, the governing body of the city of New Orleans or the governing body of the city of Shreveport may file a certified copy of an invoice reflecting the amount of such charges with the recorder of mortgages, which shall operate as a lien and privilege in favor of the municipality against the property.

(2)  In addition, the ordinances of the respective municipality may provide for interest on this amount, which shall be paid prior to cancellation of the lien.

(3)  The rate of interest shall not exceed the rate of legal interest, as provided in R.S. 9:3500 and shall be computed from the date of recordation of the lien until paid or enforced.

C.(1)  If within six months after the filing of the lien provided for in Subsection B above, the property owner fails to pay such lien and any interest thereon, the director of finance of the city of New Orleans, or the director of finance of the city of Shreveport, for the benefit of their respective cities, shall have the authority to sell such property for the amount of all public liens operating against the property and any interest thereon.

(2)  The procedure for notice, advertisement, and sale of the property shall be governed by the law applicable to the sale of real property for delinquent city taxes, except that the property owner shall not have a right of redemption.

D.  Both the city of New Orleans and the city of Shreveport may provide in their respective ordinances for rules and regulations and a penalty for their violation by fine or imprisonment or both.

E.(1)  The governing authority may request and the adjutant general may assign, subject to the approval of the governor, national guard personnel and equipment to assist in the removal and demolition of condemned buildings, structures, or public nuisances.  The provisions of this Subsection shall be applicable when the budget for the demolition and removal of condemned structures has been expended by the governing authority of a municipality.  However, the request must be accompanied by documentation that all procedural protections and substantive restraints have been adhered to by the governing authority.

(2)  In the event all procedural protections and substantive restraints have been adhered to by the governing authority, the municipality and their personnel and the national guard and their personnel shall not be liable to the owner of the building, structure, or public nuisance for any damages sustained resulting from the demolition of the building, structure, or public nuisance.

Amended by Acts 1982, No. 827, §1.  Acts 1984, No. 508, §1, eff. July 6, 1984; Acts 1987, No. 196, §1, eff. June 19, 1987; Acts 1992, No. 236, §2.