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2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4884. Culverts; municipal and parish governments

RS 33:4884 - Culverts; municipal and parish governments
The governing authority of a local governmental subdivision may purchase, install, maintain, or replace culverts within any drain, ditch, or canal within its jurisdiction if the governing authority determines such action to be beneficial to the public at large, even if the installation of such culverts may result in a benefit to a private landowner. The governing authority may adopt ordinances regulating the installation of culverts, which may include a requirement that a private person wishing to have a culvert installed within a drain, ditch, or canal affecting his property contract with the governing authority to provide such construction services. The governing authority may only provide materials or construction services pursuant to such an ordinance upon full reimbursement of the costs to the governing authority by the private property owner.
Acts 2010, No. 719, §1.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4885. Removal of waste tires

RS 33:4885 - Removal of waste tires
The governing authority of any municipality may adopt an ordinance regulating the accumulation of waste tires, as defined in R.S. 30:2412, on private residential property. Such an ordinance shall include fines for violations and provision for employees of the municipality or of a firm contracting with the municipality to enter private property for the purpose of removing waste tires that are in violation of the ordinance. Any fine imposed pursuant to such ordinance shall, at a minimum, be equal to the amounts provided for by the most recent Waste Tire Task Force recommendation for each tire collected and the municipality shall deposit such minimum amount into the Waste Tire Management Fund. Any waste tire collected for which the municipality has deposited the appropriate amount, shall be deemed a program eligible waste tire for the purposes of the Solid Waste Recycling and Reduction Law, R.S. 30:2411 et seq. The provisions of this Section shall expire and be null and void on July 1, 2021.
Acts 2017, No. 354, §1.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4886. Permits; certain utility services; parishes and municipalities

RS 33:4886 - Permits; certain utility services; parishes and municipalities
Notwithstanding any other provision of law to the contrary, no parish governing authority or municipal governing authority shall require any person who holds an account with an authorized utility provider and whose account is being charged by the provider for electric services provided to a dwelling located in the state of Louisiana to acquire a permit from the respective parish or municipal governing authority in which the dwelling is located for the purpose of changing the name of the person listed as the account holder. Nothing in this Section shall prohibit regulatory inspection or enforcement regarding on-site sewerage disposal systems, nor shall it prohibit a parish or municipal governing authority from collecting past due utility debt.
Acts 2023, No. 307, §1.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4890. Police power confirmed; concurrent exercise of the police power by state and local government

RS 33:4890 - Police power confirmed; concurrent exercise of the police power by state and local government
The delegation of police power to all incorporated municipalities and parishes, whether pursuant to the provisions of this Chapter, or of other general or special laws, powers granted in their charters, home rule plans of government, or any other authority or grant of the police power and the concurrent exercise thereof is confirmed.
Added by Acts 1976, No. 365, §1; Acts 2010, No. 610, §1, eff. June 25, 2010.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:4891. Privileged communications to code enforcement officers

RS 33:4891 - Privileged communications to code enforcement officers
A. As used in this Section, the following terms shall have the following meanings unless the context clearly requires otherwise:
(1) "Code enforcement officer" shall mean any employee of a local governmental subdivision or any of its districts, agencies, or departments who is authorized to make inspections, issue violation notices or summonses, or who is otherwise authorized to enforce the ordinances of the local governmental subdivision, including animal control officers. The term "code enforcement officer" shall not include building or zoning inspectors.
(2) "Hotline" or "call center" means a method or system created or established to accept any form of communication whether telephonic, electronic, oral, or written for the purposes of providing citizens of the local governmental subdivision a means to report or provide information relating to alleged local code violations except local code violations enforced by building or zoning inspectors.
(3) "Privileged communication" means an oral or written statement submitted to a code enforcement officer or hotline for the purpose of reporting alleged local code violations.
B. In connection with any code enforcement case or proceeding, no person shall be required to disclose by way of discovery, testimony, public record request, or otherwise a privileged communication, or be required to produce under subpoena or otherwise any records, documentary evidence, opinions, or decisions relating to such privileged communication.
C. The privilege shall cease only:
(1) Upon the person who reported the alleged violation voluntarily disclosing or consenting to disclosure of any significant part of the privileged matter.
(2) When the person who reported the alleged violation testifies or is compelled to testify on behalf of the local government on the matter.
(3) Upon motion of any person arrested or charged with a code violation who petitions the court or adjudication hearing officer for an in-camera inspection of the records of a privileged communication concerning such person. The motion shall allege facts showing that such records would provide evidence favorable to the defendant and relevant to the issue of the adjudication of the code violation. If the court or adjudication hearing officer determines that the person is entitled to all or any part of such records, it may order production and disclosure as it deems appropriate based upon a finding that it contains exculpatory evidence.
Acts 2010, No. 610, §1, eff. June 25, 2010.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:5001. Short title

RS 33:5001 - Short title
This Part shall be known and may be cited as the "Louisiana Inclusionary Zoning and Workforce Affordable Housing Act".
Acts 2006, No. 810, §1, eff. July 1, 2006.
NOTE: See HCR 123 of the 2007 RS for recommended inclusionary zoning ordinance.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:5002. Findings and purpose

RS 33:5002 - Findings and purpose
A. The legislature finds that:
(1) In many municipalities and parishes, there is a serious shortage of decent, safe, and sanitary residential housing available at prices or rents that are affordable to low and moderate income families.
(2) The affordable housing shortage constitutes a danger to the health, safety, and welfare of all residents of the state and is a barrier to sound growth and sustainable economic development for the state's municipalities and parishes.
(3) These conditions have been exacerbated by the damage to the state's housing stock caused by Hurricane Rita and Hurricane Katrina.
(4) The state will undergo an unprecedented residential construction boom over the next decade to restore housing for hurricane victims and new residents to the state in both damaged parishes and receiving parishes.
(5) While pre-hurricane concentrated poverty contributed to social isolation and its concurrent ills, mixed income communities have proven to hold better social outcomes for all residents, including better education, workforce, and health outcomes.
(6) Hundreds of jurisdictions and a dozen states have adopted planning and implementation policies to deliver economically integrated housing development through inclusionary zoning to ensure all sectors of housing need are securely met.
(7) Inclusionary zoning, which requires all residential developments of a certain scale to include the development of affordable housing along with market rate housing, has proven a highly effective strategy to build on the expertise of private developers, while compensating them for their contributions.
B.(1) The legislature recognizes the following provisions of the Constitution of Louisiana:
(a) Article VI, Section 17 of the Constitution of Louisiana provides that, subject to uniform procedures established by law, a local governmental subdivision may adopt regulations for land use and zoning.
(b) Article I, Section 4 provides that the right to property is subject to reasonable statutory restrictions and the reasonable exercise of the police power.
(c) Article VI, Section 9 provides that the police power of the state shall never be abridged.
(2) In the exercise of the police power of the state to protect the public health and welfare and pursuant to the authority of the legislature to establish uniform procedures for land use and zoning by law, this Part is enacted to provide authority for and to permit municipalities and parishes to use inclusionary zoning to promote the development of affordable housing for low and moderate income families.
Acts 2006, No. 810, §1, eff. July 1, 2006.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:5003. Inclusionary zoning

RS 33:5003 - Inclusionary zoning
Any municipality or parish in the state that adopts land use or zoning ordinances, resolutions, or regulations may adopt ordinances to provide for inclusionary zoning to increase the availability of affordable dwelling units within the jurisdiction of the respective municipality or parish.
Acts 2006, No. 810, §1, eff. July 1, 2006.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:5051. Platting land into squares or lots before sale; filing map of land; limitations on dedications

RS 33:5051 - Platting land into squares or lots before sale; filing map of land; limitations on dedications
A. Whenever the owner of any real estate desires to lay off the same into squares or lots with streets or alleys between the squares or lots and with the intention of selling or offering for sale any of the squares or lots, he shall, before selling any square or lot or any portion of same:
(1) Cause the real estate to be surveyed and platted or subdivided by a licensed land surveyor into lots or blocks, or both, each designated by number.
(2) Set monuments at all of the corners of every lot and block thereof.
(3) Write the lot designation on the plat or map, and cause it to be made and filed in the office of the keeper of notarial records of the parish wherein the property is situated and copied into the conveyance record book of such parish, and a duplicate thereof filed with the assessor of the parish, a correct map of the real estate so divided.
B. The map referenced in Subsection A of this Section shall contain the following:
(1) The section, township, and range in which such real estate or subdivision thereof lies according to government survey.
(2) The dimensions of each square in feet, feet and inches, or meters.
(3) The designation of each lot or subdivision of a square and its dimensions in feet, feet and inches, or meters.
(4) The name of each street and alley and its length and width in feet, feet and inches, or meters.
(5) The name or number of each square or plat dedicated to public use.
(6) A certificate of the parish surveyor or any other licensed land surveyor of this state approving said map and stating that the same is in accordance with the provisions of this Section and with the laws and ordinances of the parish in which the property is situated.
(7) A formal dedication made by the owner or owners of the property or their duly authorized agent of all the streets, alleys, and public squares or plats shown on the map to public use.
C. Formal dedication of property as a road, street, alley, or cul-de-sac shall impose no responsibility on the political subdivision in which the property is located until:
(1) The dedication is formally and specifically accepted by the political subdivision through a written certification that the road, street, alley, or cul-de-sac is in compliance with all standards applicable to construction set forth in ordinances, regulations, and policies of the political subdivision, which certification may be made directly on the map which contains the dedication; or
(2) The road, street, alley, or cul-de-sac is maintained by the political subdivision.
Amended by Acts 1962, No. 34, §1. Acts 1988, No. 367, §1; Acts 1988, No. 510, §1; Acts 1995, No. 666, §2.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:5052. Enforcement of requirements

RS 33:5052 - Enforcement of requirements
All clerks and ex-officio recorders and notaries public in all the parishes, the parish of Orleans excepted, shall refuse to place on record any deeds of sale of property to which R.S. 33:5051 applies until the provisions of R.S. 33:5051 have been complied with. They shall report to the district attorney all violations thereof coming within their knowledge.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:5054. Plan correcting discrepancy between prior plan and lots sold thereunder; objections; registration of corrected plan

RS 33:5054 - Plan correcting discrepancy between prior plan and lots sold thereunder; objections; registration of corrected plan
Whenever land, divided into town lots and sold in conformity with a plan, is not of the same extent as that mentioned in the plan, and the difference is more than one thousandth part, the surveyor, commissioned for the parish where said land is situated, shall apportion, in conformity with the civil code, the surplus or deficit of the land, and make a plan pointing out, according to the apportionment, the correct dimensions of each square and the breadth of each street. The plan shall be deposited by the surveyor of the parish in the office of parish recorder. Public notices shall be given by the surveyor in a newspaper published in the parish designated as the official journal or in an adjoining parish if there is none published in the parish, during thirty days, directing all persons interested to present their opposition to the plan deposited as aforesaid with the parish recorder, which oppositions shall be referred to and decided by the district court. The plan, when not opposed within the delay aforesaid, or when modified in the opposition filed, shall be registered by the recorder in his office, and shall be authentic evidence of the description and dimensions of the property.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:5055. Contracts of property owners for preservation of architectural style in cities of 300,000

RS 33:5055 - Contracts of property owners for preservation of architectural style in cities of 300,000
Within cities having a population of more than three hundred thousand inhabitants in order that the architectural style of buildings and structures situated in certain designated localities or boundaries or between certain street or road intersections, and fronting on designated public streets, boulevards, roads or public or private roads and places, may be preserved in their integrity and not impaired, changed, altered or destroyed, it shall be lawful for the owners of such real estate and others having rights therein, or if the owners of same or others having rights therein, be minors or interdicts, for their tutors, curators or administrators, to enter into written agreements, to be duly acknowledged according to law before any notary public, or by authentic acts, whereby they mutually agree to preserve in their integrity and not to impair, change, alter or destroy the architectural style or distinctive features of their buildings or the fronts thereof, situated or located as described in the agreements, so far as the same relate to the style, appearance, texture of materials and other distinctive features thereof, for the term of years to be specified in the contracts.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:5056. Registration of contracts when three-fourths of buildings in area are covered

RS 33:5056 - Registration of contracts when three-fourths of buildings in area are covered
The contracts to be binding as between all those entering the same with reference to their buildings situated in certain designated localities or boundaries or between certain street or road intersections, and fronting on designated public streets, boulevards, roads or public or private roads or places, specified in said agreements, shall provide that the written contracts shall be registered in the conveyance records of the parish, only after three-fourths of the buildings situated in the designated boundaries or between certain street or road intersections, and fronting on designated public streets, boulevards, roads, or public or private roads or places, have been made the subject of such agreements. This fact shall be certified to under oath by such public officer, or person of the full age of majority, to be named by the parties to the agreements, for such purpose, in the contracts or agreements. There shall be no charge imposed for the registry in the conveyance records of the parish, of the agreements, should any judge or any court of record in which the real estate is located, certify in writing on such agreements that in his estimation the contracts confer some benefit to the history and public welfare of the locality and state. Registry of the agreements as aforesaid shall constitute full notice of the contracts and the validity thereof, as affecting and binding upon the parties and their properties described therein, their heirs, successors or assigns.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:5057. Persons entitled to enforce contracts; costs

RS 33:5057 - Persons entitled to enforce contracts; costs
The contracts and agreements to be binding and valid shall likewise stipulate and provide that the observance and fulfillment thereof may be enforced and insisted upon by any third persons or parties or public officers or the officers of incorporated municipalities, associations, or public or private corporations, to be designated therein, or either or any of them, by suit or legal action instituted in any court of competent civil jurisdiction, setting forth the breach or violation of the contract, and for the enjoining thereof either by prohibitory or mandatory injunctions or both. There shall be no costs of court or sheriff's fees imposed in such matters, should the presiding judge of the court in which same is brought, certify that such suit confers some benefit to the history and public welfare of the State. Such actions may be likewise brought by the principals to the contracts, for the same purposes, or by either or any of them, with the same exemption as to costs.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:5058. Mandatory injunction to compel repair of buildings

RS 33:5058 - Mandatory injunction to compel repair of buildings
The wilful failure to keep such buildings in necessary repair or from falling into ruin or from condemnation as unsafe, when it lies in the power of the owner thereof to prevent the same and to provide therefor, shall be grounds for the asking and issuance of a mandatory injunction by the parties named in the act or contract, to be obeyed in such time as the court shall deem meet and sufficient, not to exceed six months, to make the necessary repairs to such buildings.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:5060. Submission of specifications for artificial watercourse crossing private property; inspection

RS 33:5060 - Submission of specifications for artificial watercourse crossing private property; inspection
All owners of real estate or agents thereof, before constructing any artificial drain, storm sewer, conduit or culvert across private property shall submit plans and specifications therefor and receive the approval of the municipal authorities before doing the work, in order that the artificial drain, culvert, storm sewer, or conduit may be made of sufficient size and so designed as to care for the drainage water flowing from the water shed above the property. The municipal government, through its engineer, or other proper department may inspect all work to the end that the same may comply with the plans and specifications as approved for same.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:5062. Weed cutting in municipalities; abutting owner's liability; notice; waiver of notice

RS 33:5062 - Weed cutting in municipalities; abutting owner's liability; notice; waiver of notice
A. The governing authority of any municipality may enact ordinances requiring that property be maintained in a safe and sanitary condition, including ordinances providing for the cutting, destruction, or removal of noxious weeds or grass or other deleterious, unhealthful, or noxious growths on any sidewalks or banquettes and on any lot, place, or area within the municipality. The charges, costs, and expenses incurred by the municipal governing authority in enforcing such ordinances, shall, to the extent of the actual cost thereof to the municipal governing authority, be a charge, cost, or expense of the property abutting the sidewalk or banquette or of the lot, place, or area, and the owner thereof.
B. No such work shall be undertaken by the municipal governing authority pursuant to this Section until the owner of the lot, place, or area, or the owner of the abutting property where the weeds or growths are to be removed, as shown on the last assessment roll of the municipality, has an opportunity of doing the work himself within at least five days after notice has been given him by advertisement in the official journal of the municipality within which same is located for two consecutive days or after notice has been given him by registered mail, addressed in accordance with the tax rolls of the municipality.
C. However, a municipal governing authority may undertake the cutting, destruction, or removal of noxious weeds or grass or other deleterious, unhealthful, or noxious growths on any property within the municipality on a monthly basis without the notice required in Subsection B of this Section if the property owner liable has been notified pursuant to said Subsection at any time during the immediately preceding twelve months and has failed to do the work himself after opportunity to do so. However, prior to undertaking such work, the municipal governing authority shall file and record an affidavit, signed by the mayor of the municipality or his designee, at its administrative office. Such affidavit shall include the following:
(1) A description of the property sufficient to reasonably identify it.
(2) A photograph of the property sufficient to reasonably identify its unsafe or unsanitary condition and to justify the necessity for cutting, destroying, or removing weeds, grass, or other noxious growths.
(3) A statement that the property owner liable has within the past twelve months failed to do such work after notification and opportunity to do so pursuant to Subsection B of this Section.
Amended by Acts 1968, No. 482, §1; Acts 1978, No. 431, §1, eff. July 10, 1978; Acts 1979, No. 123, §1; Acts 1990, No. 42, §1; Acts 1991, No. 683, §1; Acts 1999, No. 335, §1; Acts 2001, No. 101, §1; Acts 2001, No. 949, §1; Acts 2001, No. 1159, §1, eff. June 29, 2001; Acts 2011, 1st Ex. Sess., No. 20, §1, eff. June 12, 2011; Acts 2014, No. 164, §1.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:5062.1. City of Plaquemine; grass and weed cutting

RS 33:5062.1 - City of Plaquemine; grass and weed cutting
A. The governing authority of the city of Plaquemine may adopt ordinances regulating or prohibiting the growth or accumulation of grass, noxious weeds, or other deleterious or unhealthful growths in accordance with the provisions of this Section. In the exercise of the authority herein granted, the governing authority may require or compel an owner of property to cut, destroy, or remove such grass, noxious weeds, or other deleterious or unhealthful growths from his property or from any sidewalk or banquette abutting his property.
B. If an owner of property fails to cut, destroy, or remove such grass or other matter from his property or from any abutting sidewalk or banquette, the governing authority shall notify the property owner of its intent to perform such work after five days and to charge the property owner for the work. Such notice shall be given by registered mail, addressed in accordance with the tax rolls of the municipality, or served on the property owner, by domiciliary or personal service, by a representative of the governing authority.
C. If the owner of the property fails to cut, destroy, or remove the matter within five days after receipt of such notice, the governing authority may have such grass or other matter cut, destroyed, or removed and may charge the property owner reasonable costs incurred in performing such work. The bill for the work shall be delivered by registered mail, addressed in accordance with the tax rolls of the municipality, or served on the property owner, by domiciliary or personal service, by a representative of the governing authority.
D. Upon failure of the property owner to pay the charges within thirty days of receipt of the bill, the governing authority may file a certified copy of said charges with the recorder of mortgages, and the same, when so filed and recorded, shall operate as a lien and privilege in favor of the municipality against the property on which the work was done or against the property abutting the sidewalk or banquette on which the work was done. The lien and privilege granted under this Subsection shall have the same ranking as an ad valorem tax lien on immovable property as provided in R.S. 9:4821(A)(1).
Acts 1995, No. 31, §1.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:5062.2. Weed cutting in Orleans Parish; abutting owner's liability; notice; waiver of notice

RS 33:5062.2 - Weed cutting in Orleans Parish; abutting owner's liability; notice; waiver of notice
A. The governing authority of Orleans Parish may enact ordinances regulating or prohibiting the growth or accumulation of grass, noxious weeds, or other deleterious or unhealthful growths, trash, debris, refuse, graffiti, or discarded or noxious matter on any sidewalks or banquettes and on any lot, place, or area within the parish, except railroad rights-of-way. The charges, costs, and expenses incurred by the parish governing authority in enforcing the ordinances shall, to the extent of the actual cost thereof to the parish governing authority, be a charge, cost, or expense of the property abutting the sidewalk or banquette or of the lot, place, or area, and the owner thereof.
B. No work shall be undertaken by the parish governing authority pursuant to this Section until the owner of the lot, place, or area or the owner of the abutting property, as shown on the last assessment roll of the parish, has an opportunity of doing the work himself within at least five days after notice has been given to him by advertisement in the official journal of the parish for two consecutive days or after notice has been given to him by registered or certified mail, addressed in accordance with the tax rolls of the parish.
C. However, the parish governing authority may undertake the cutting, destruction, or removal of grass, noxious weeds, or other deleterious or unhealthful growths, trash, debris, refuse, graffiti, or discarded or noxious matter without the notice required in Subsection B of this Section if the property owner liable has been notified pursuant to Subsection B of this Section at any time during the immediately preceding twenty-four months and has failed to do the work himself after opportunity to do so.
D. The parish shall furnish the owner an invoice for the cost of the work performed. If the cost or expense thereof has not been paid within one month, the parish may furnish the owner, by registered or certified mail or by domiciliary or personal service, a written statement showing the outstanding cost or expense incurred for the work. If the statement is not paid within one month thereafter, the amount thereof shall be included in and form part of the taxes due by the owner of the property and, when collected, shall be credited to the general fund of the parish.
E. The tax collector shall maintain a record of the charges prior to the filing of the tax rolls, which record shall be open to inspection at all times and which shall constitute legal notice to the purchasers of the property or parties lending money thereon of the assessment.
Acts 2023, No. 159, §1.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:5063. Mailing statement showing expense incurred; addition to tax liability

RS 33:5063 - Mailing statement showing expense incurred; addition to tax liability
If, after the cutting, destruction or removal of such weeds, grass, or growths, by the municipality after due notice as above provided, the cost or expense thereof has not been paid within ten days, the tax collector of the municipality shall furnish the owner, as shown on the last assessment roll of the municipality, by registered mail a written statement showing the cost or expense incurred for the work, and the place or property on which the work was done. If the said statement is not paid within one month thereafter, the amount thereof shall be included in and form part of the taxes due by the owner of said property, and when collected shall be credited to the general fund of said municipality.
Amended by Acts 1968, No. 482, §2.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:5064. Record of charges for weed cutting

RS 33:5064 - Record of charges for weed cutting
The tax collector shall maintain a record of such charges prior to the filing of the tax rolls, which record shall be open to inspection at all times and which shall constitute legal notice to the purchasers of the property, or parties lending money thereon, of the assessment.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:5065. Maintenance of abandoned residential properties in municipalities and parishes

RS 33:5065 - Maintenance of abandoned residential properties in municipalities and parishes
The governing authority of any parish with a population between four hundred thousand and four hundred forty thousand based on the latest federal decennial census, and any governing authority of a municipality that lies within such a parish, may enact ordinances requiring that abandoned residential property be maintained in safe and sanitary condition to maintain the stability of the neighborhood.
Acts 2012, No. 692, §2, eff. Oct. 1, 2012.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:5066. Definitions

RS 33:5066 - Definitions
The following words and phrases when used in R.S. 33:5065 through 5069 shall have the following meanings, unless the context clearly indicates otherwise:
(1) "Abandoned residential property" shall mean one-to-four-family residential property that is vacant as the result of the relinquishment of physical possession or control by a homeowner or any other person or entity. Property may be deemed abandoned when there is evidence of conditions, taken separately or as a whole, that would lead a reasonable person to conclude that the property was unoccupied, including but not limited to evidence of vacancy.
(2) "Evidence of vacancy" shall mean a condition that on its own, or combined with other conditions present, would lead a reasonable person to believe that the property is vacant. Such conditions include but are not limited to overgrown or dead vegetation, accumulation of newspapers, circulars, flyers, or mail, past due utility notices or disconnected utilities, accumulation of trash, junk or debris, the absence of window coverings such as curtains, blinds or shutters, the absence of furnishings or personal items consistent with residential habitation, and statements by neighbors, passersby, delivery agents, or government employees that the property is unoccupied.
(3) "Maintenance" shall mean but is not limited to repairing or replacing broken glass windows, repairing or replacing exterior doors, repairing or replacing soffit, fascia, shutters, and siding, repairing or replacing fences, and maintaining or covering swimming pools and hot tubs.
(4) "Notice" shall mean posting notice of the alleged violation on the door of the property at issue and sending notice via certified mail, return receipt requested, from the governing authority addressed to the property owner, referencing the subject property, providing an explanation of the maintenance needed on the property, specifying the time period in which the work is required to be completed, providing the name and phone number of a contact person with the governing authority who has knowledge of the matter who can provide more information, including a copy of the applicable ordinance, and including a photo of the subject property. If the property is encumbered by a recorded mortgage, then a notice letter shall also be sent certified mail, return receipt requested, from the governing authority addressed to the seizing creditor, mortgage holder, lien holder, or loan servicer of foreclosed property pending title transfer that includes all of the information and enclosures required to be provided in the letter to the owner.
(5) "Owner" is defined as any person with care, custody, or control of the property at issue, including but not limited to record owners, seizing creditors, mortgage holders, lien holders, loan servicers of foreclosed property pending title transfer, or an agent or assignee of the seizing creditor, mortgage holders, lien holders, or loan servicer.
Acts 2012, No. 692, §2, eff. Oct. 1, 2012.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:5067. Time delays, procedure for maintenance

RS 33:5067 - Time delays, procedure for maintenance
A. No such work shall be undertaken by the governing authority pursuant to this Section until the owner of the property, as defined in R.S. 33:5066, has been given notice and a minimum of forty-five days to perform the maintenance.
B.(1) A governing authority may undertake the maintenance of the property if the requirements of notice and time delay as provided for herein have been met and the maintenance has not been performed.
(2) The governing authority shall take a photograph showing the condition of the property before the maintenance is performed and shall take a photograph showing the condition of the property after the maintenance is performed. The governing authority shall keep records showing the expenses incurred in maintaining the property, and those records shall be retained for a period of five years or until the property is sold, whichever time is less.
(3) The governing authority shall use licensed and insured vendors to perform maintenance on property pursuant to this Section.
C. After completion of the maintenance on the subject property, the governing authority shall record in the public mortgage records in the parish where the property is located, an affidavit, signed by either the chief elected official or his designee or by the parish or city attorney or his designee. The required affidavit shall include the following:
(1) A legal description of the property to which maintenance was performed, sufficient to reasonably identify it.
(2) The name of the property owner.
(3) A description of the maintenance performed and an itemization of the amounts of money spent on maintenance.
(4) The name of the governing authority and a statement that the provisions of this statute and the provisions of the applicable local ordinance have been complied with.
Acts 2012, No. 692, §2, eff. Oct. 1, 2012.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:5068. Privilege

RS 33:5068 - Privilege
A. The governing authority shall have a privilege against the subject property for the cost of maintenance it incurs, as documented in the recorded affidavit, and the privilege shall have the ranking priority as to other mortgages and privileges as provided in R.S. 9:4821(A)(1).
B. The cost of maintenance, including charges, costs, and expenses incurred by the governing authority in enforcing such ordinances enacted pursuant to R.S. 33:5065 through 5069, shall be the actual cost thereof to the governing authority, not to exceed a total amount of five thousand dollars in a twelve-month period.
Acts 2012, No. 692, §2, eff. Oct. 1, 2012.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:5069. Procedure for disputing privileges

RS 33:5069 - Procedure for disputing privileges
A property owner and a mortgage holder shall have the right to dispute a privilege created against a mortgaged property under R.S. 33:5068, if the work creating a privilege was not performed on the property. A privilege may be disputed by submitting an affidavit to the governing authority. The affidavit shall be made by someone with knowledge of the condition of property, providing a statement that the work giving rise to the lien was not performed on the subject property, and giving an explanation as to why it believes the work was not performed on the property. Additional documentation may be submitted with the affidavit, such as pictures of the identity and condition of the property, and invoices or records showing that work was performed privately. Upon receiving the affidavit and other documentation, the governing authority shall have thirty days to investigate the dispute and respond by either producing pictures or records to prove that the privilege established on the property for work performed is accurate, or by issuing a written release and cancellation of the privilege.
Acts 2012, No. 692, §2, eff. Oct. 1, 2012.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:5081. Definitions

RS 33:5081 - Definitions
The following words and terms shall have the meaning indicated unless the context clearly indicates differently:
(1) "Affiliate" means an entity as defined in R.S. 40:384.
(2) "Governing body" means the body which exercises the functions of the affiliate or subsidiary of the local housing authority.
(3) "Local housing authority" means any parish or municipal housing authority.
(4) "Risk management organization" means an association formed by two or more affiliates and subsidiaries of local housing authorities by an agreement for the development and administration of a risk management program and one or more group self-insurance funds.
(5) "Risk management program" means a plan and activities carried out under such plan by a risk management organization to reduce risk of loss, including safety engineering and other loss prevention and control techniques, and to administer one or more local self-insurance funds, each established for one or more risks, including the processing and defense of claims brought against members of the organization.
(6) "Self-insurance fund" means a pool of monies established by a risk management organization from contributions of its members in order to do the following:
(a) Pool any one or more of the following risks: general liability; workers' compensation; directors and officers liability, including employment practices liability; property; or any other line of coverage approved by the board of trustees of the risk management organization.
(b) Purchase insurance for risks of general liability, workers' compensation, property coverage, or other lines of coverage approved by the board of trustees of the risk management organization.
(7) "Subsidiary" means an entity as defined in R.S. 40:384.
Acts 2022, No. 686, §1, eff. June 18, 2022.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:5083. Governance of risk management organizations

RS 33:5083 - Governance of risk management organizations
The insurance committee of the Louisiana Housing Council, Inc., shall constitute the board of trustees of the organization established as provided in R.S. 33:5082 and shall be authorized to adopt bylaws for the administration of the organization, subject to approval of the executive committee of the Louisiana Housing Council, Inc.
Acts 2022, No. 686, §1, eff. June 18, 2022.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:5084. Risk management organization not an insurance company or insurer

RS 33:5084 - Risk management organization not an insurance company or insurer
A. A risk management organization is not an insurance company or an insurer under the laws of this state, and the development and administration by the organization of a group self-insurance refund or funds established for one or more risks shall not constitute doing business as an insurance company. Agreements between affiliates and subsidiaries of housing authorities providing for the creation and maintenance of a risk management organization shall not be deemed to constitute insurance as defined by R.S. 22:46, nor shall the risk management organization or the development of a group self-insurance fund be subject to the provisions of Chapter 1 of Title 22 of the Louisiana Revised Statutes of 1950.
B. Any declaration of coverages issued to its members by the organization shall have the following notice:
"In the event of insolvency of the risk management organization, the members of the organization are not covered by the Louisiana Insurance Guaranty Association or the Louisiana Life and Health Insurance Guaranty Association, which guarantees only specific types of policies issued by insurance companies authorized to do business in Louisiana."
Acts 2022, No. 686, §1, eff. June 18, 2022.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:5085. Minimum contributions before risk sharing

RS 33:5085 - Minimum contributions before risk sharing
A self-insurance fund shall not function as a means of sharing risks of loss among the members of a risk management organization until the risk management organization administering the fund has received, for general liability, property coverage, and any other pooled line of coverage risks, an annual gross premium calculated in accordance with the applicable manual premium rate or rates, plus or minus applicable experience credits or debits, of not less than two hundred thousand dollars for each line of risk.
Acts 2022, No. 686, §1, eff. June 18, 2022.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:5086. Limited liability of members

RS 33:5086 - Limited liability of members
A. An affiliate or subsidiary of a local housing authority shall not, by reason of being a member of a risk management organization and contributing to a self-insurance fund, be liable to the risk management organization, to any other member, or to any claimant against the organization itself or another member, except for payment of contributions provided in the agreement between the affiliate or subsidiary of the local housing authority and the risk management organization. No risk management organization agreement shall provide for a donation, in whole or in part, of funds of one affiliate or subsidiary of the local housing authority for the benefit of another. Nothing in this Section shall be construed to reduce or limit a participating member's rights or obligations with respect to its employees under the provisions of Chapter 10 of Title 23 of the Louisiana Revised Statutes of 1950.
B. A risk management organization shall administer the assets of a self-insurance fund to maintain appropriate levels of reserves and to ascertain full and timely payment of all fund obligations, including without limitation loss fund requirements, administrative expenses, and costs of insurance.
Acts 2022, No. 686, §1, eff. June 18, 2022.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:5087. Authority of commissioner of insurance

RS 33:5087 - Authority of commissioner of insurance
A. Each risk management organization shall file with the commissioner of insurance within six months of the end of the organization's fiscal year a certified audited financial statement and a review of its operations and general condition by a certified independent casualty actuary.
B. No risk management organization shall become operational until issued a certificate of authority by the commissioner of insurance under such rules and regulations as he may promulgate to assure compliance with the provisions of this Chapter. The commissioner of insurance may examine the books, records, and affairs of any risk management organization for the purpose of determining compliance with this Chapter and may revoke the certificate of authority of any organization determined to not be in compliance with this Chapter.
Acts 2022, No. 686, §1, eff. June 18, 2022.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:5088. Excess insurance

RS 33:5088 - Excess insurance
A. A risk management organization shall establish and maintain an aggregate loss fund or stop loss provision as part of the excess insurance policy placements in an amount of not more than one million five hundred thousand dollars for each risk underwritten. The trust fund for each risk underwritten shall maintain a cash reserve for each coverage year sufficient to cover payment of the entire aggregate loss fund, as defined in the applicable excess insurance policy or policies for that risk.
B. Workers' compensation coverage shall provide statutory workers' compensation benefits coverage, including employers' liability coverage with minimum limits of one million dollars.
C. The provisions of this Section regarding excess insurance shall apply only to self-insurance funds.
D. Nothing in this Section shall be construed to reduce or limit a participating affiliate or subsidiary of a local housing authority member's rights or obligations with respect to its employees under the provisions of this Chapter.
E. A risk management organization shall maintain at all times a contract or contracts of specific excess insurance of at least one million dollars per occurrence and a contract of annual aggregate excess insurance of at least two million dollars with respect to general liability claims.
F. Excess insurance carriers selected by the risk management organization shall have a current A.M. Best rating of A-VII as of the date of commencement of coverage.
G. The organization shall maintain at all times contracts of excess insurance with respect to all lines of coverage as may be approved by the board of trustees of the organization in such amounts as determined by the board of trustees of the organization.
Acts 2022, No. 686, §1, eff. June 18, 2022.
2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:5089. Audit of funds

RS 33:5089 - Audit of funds
The legislative auditor may examine and audit the books and accounts of any fund established under the provisions of this Chapter pursuant to the provisions of R.S. 24:513. In addition, each participating affiliate or subsidiary of a local housing authority member at its cost may cause an examination and audit by its representatives of any self-insurance funds in which it participates pursuant to this Chapter.
Acts 2022, No. 686, §1, eff. June 18, 2022.