HB 368 — DISTRICTS/HISTORIC: Provides relative to historic preservation districts and landmarks commissions in the city of New Orleans

HLSENROLLED 26RS-1005 ENGROSSED Regular Session HOUSE BILL NO.

368 BY REPRESENTATIVEREPRESENTATIVES FREEMAN DISTRICTS/HISTORIC:AND KNOX AN ACT To amend and reenactR.S.

Provides25:762.1, relativeto historicthecityofNewOrleans;to preservationdistrictsprovide andrelative landmarksto commissionshistoric inpreservation thedistricts cityand oflandmarks Newcommissions; Orleans AN ACT ToamendandreenactR.S.

25:762.1, relativeto thecityof New Orleans;

to providerelative to historic preservation districts and landmarks commissions;

to provide for liens on immovable property in or on which a violation occurred;

city of New Orleans NotwithstandingA. any other provision of law to the contrary, in the city of New Orleans, any owner, agent, lessee, or other person acting for or in conjunction with him who demolishes a structure or edifice located in the city of New Orleans without having received an appropriate certificate of appropriateness may be fined a single fine of not more than the greater of twenty-five fifty thousand dollars or fifteenpercentoftheassessedvalueofthestructureoredificeinaccordancewiththe assessed value immediatelyprecedingthedemolition asprovidedforin the tax rolls of the city.

Notwithstanding anyother provision of law to the contrary, in the cityof New Orleans, any owner, agent, lessee, or other person acting for or in conjunction with him who demolishes a structure or edifice located in the city of New Orleans without having received an appropriate certificate of appropriateness may be fined a single fine of not more than the greater of twenty-five fifty thousand dollars or fifteenpercentoftheassessedvalueofthestructureoredificeinaccordancewiththe Page 1 of 23 CODING:

HLS 26RS-1005 ENGROSSED HB NO.

368 DIGESTENROLLED ThedigestprintedbelowwaspreparedbyHouseLegislativeassessed Services.value immediatelyprecedingthedemolition asprovidedfor in the tax rolls of the city.

ItB. constitutes nopart of the legislative instrument.

The keyword,municipality one-liner,or abstract,parish andshall digesthave doa notlien constituteand partprivilege ofagainst the lawimmovable orproperty proofin or indiciaon ofwhich legislativethe intent.violation occurred.

[R.S.The lien and privilege shall secure all fines, costs, and penalties which are assessed by the municipality or parish in accordance with this Section and described in the order, judgment, notice ofjudgment,orlien.Forthelienandprivilegetoariseandexist,theorder,judgment, noticeofjudgment,orlienassessinganyfines,costs,andpenaltiesshallberecorded inthemortgageofficeoftheparishin whichtheimmovableproperty,oranyportion thereof,inoronwhichtheviolationoccurred,issituated.Therecordationshallhave the effect of a judicial mortgage against the immovable property described therein and may be enforced against the immovable property described therein upon applicationofthemunicipalityorparishto theclerkofthedistrict courtforissuance of a writ in accordance with Code of Civil Procedure Article 2253.

1:13(B)The remedies established in this Chapter are nonexclusive and 24:177(E)]may HBbe 368pursued Engrossedindependently 2026of Regulareach Sessionother Freemanand Abstract:in addition to other remedies provided by law.

RelativetoIn historicpreservationdistrictsorder for the lien and landmarksprivilege commissionsto inarise, the cityorder, judgment, notice of Newjudgment, Orleans,or increaseslien theshall maximumbe finefinal thatand maybenot imposedsubject forto theappeal violationwhen ofrecorded certainin regulations.the mortgage office.

Presentlaw(PartIofChapter16ofTitle25)providesgenerallythatthegoverningauthorityThe oflien anyand municipality,privilege lakeshall commission,have parishranking council,as orprovided similarby governmentalR.S. unit may establish within its borders a historic preservation district commission to promote the educational, cultural, economic, and general welfare of the public.

Present9:4821(A)(1). law (Part II of Chapter 16 of Title 25) provides that the governing authority of the city of New Orleans and the parishes of Franklin, Tensas, LaSalle, Catahoula, Concordia, and Caldwell may establish within their borders a historic preservation district and/or landmark commission to promote the educational, cultural, economic, and general welfare of the public.

PresentC. law (Parts I and II of Chapter 16 of Title 25), relative to such historic preservation districtsandlandmarkscommissions,providesproceduresforestablishingsuchdistrictsand commissions, after study, hearings, and other procedural requirements.

ProvidesAny forliens placed against such commissionsimmovable andproperty districtsshall tobe regulateincluded in the exteriornext architecturalannual featuresad ofvalorem structurestax bill and providesforapplicationforandapprovalordenialofcertificatesofappropriatenesstoerect,shall alter,be orpaid demolishalong structures.with such taxes, subject, however, to anyvalid homestead exemption.

ProhibitsFailure issuanceto ofpaythe buildingliens permitsshall withoutcause athe certificateimmovable propertyin or on which the violation occurred to be subject to the same provisions of appropriateness.law that govern tax liens on immovable property in accordance with the property tax lien auction procedures as set forth in R.S.

Provides47:2122 foret exceptions.seq.

PresentIn lawaddition, (Partsfailure Ito andpay IIthe ofliens Chaptershall 16also ofcause Titlesuch 25)liens grantsand commissionsprivileges the power to institutebe asubject suit in any court of competent jurisdiction to preventenforcement any unlawful action in violationaccordance ofwith theR.S. provisions of present law or of anyof the rules and regulations adopted by the commissions.

Requires13:2576. that any owner, agent, lessee, or other person acting for or in conjunction with him, who violates the regulations of a commission, be fined not less than $50 and not more than $100 for each violation.

ProvidesAny generallyliens thatplaced eachagainst dayimmovable property that has a violationlegal continueshomestead constitutesexemption afrom separatetaxes offense.will become payable ninety days after the death of the owner thereof or immediately upon Page 2 of 3 CODING:

Presentlaw(PartIofChapter16Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored ofTitleare 25)providesthatanyowner,agent,lessee,orotheradditions. person acting for or in conjunction with him who demolishes a structure or edifice without a certificate of appropriateness, may be fined a single fine of not less than $1,000 and not more than $10,000.

PresentHB lawNO. (Part II of Chapter 16 of Title 25) provides an additional provision applicable to the city of New Orleans.

Provides368 thatENROLLED anyrecordation owner, agent, lessee, or other person acting for or in conjunction with him who demolishes a structure or edificewithout a certificateof appropriateness may be fined a single fine of notanyconventional moremortgage thanon the greaterimmovable ofpropertyor $25,000transfer or 15% of thetitle assessedto valuea ofnew theowner, structurewhichever oroccurs edifice.first.

Proposedlawincreasesthemaximumfineauthorizedtobeleviedfrom$25,000to$50,000.SPEAKER OF THE HOUSE OF REPRESENTATIVES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED:

(AmendsPage R.S.3 of 3 CODING:

25:762.1) Page 2 of 2 CODING: