Struck = removed from the bill ·
added = the amendment's new text.
ENROLLEDSFAHB368 4769 4184 SENATE FLOOR AMENDMENTS Regular Session HOUSEAmendments BILLproposed NO.by Senator Barthelemy to Engrossed House Bill No.
368 BYby REPRESENTATIVESRepresentative FREEMANFreeman ANDAMENDMENT KNOXNO. AN ACT To amend and reenactR.S.
25:762.1,1 relativetoOn thecityofNewOrleans;topage 1, line 7, after "violations;" insert "to provide relativefor toliens historicon preservationimmovable districtsproperty andin landmarksor commissions;on which a violation occurred;" AMENDMENT NO.
to2 provideOn relativepage to1, regulationsline established14, bysuchbefore districts"Notwithstanding" andinsert commissions;"A." AMENDMENT NO.
to3 provideOn relativepage to1, thebelow violationline of21, suchinsert regulations;the following:
to"B. provide relative to penalties imposed for certain violations;
toThemunicipalityor increaseparish theshall maximumhavealienand penaltiesprivilegeagainsttheimmovable authorizedproperty toin beor leviedon forwhich suchthe violations;violation occurred.
toThe providelien forand liensprivilege onshall immovablesecure propertyall infines, orcosts, onand penalties which aare violationassessed occurred;bythe municipalityor parish in accordance with this Section and described in the order, judgment, notice of judgment, or lien.
For the lien and privilege to providearise forand relatedexist, matters.the order, judgment, notice of judgment, or lien assessing any fines, costs, and penalties shall be recorded in the mortgage office of the parish in which the immovable property, or any portion thereof, in or on which the violation occurred, is situated.
NoticeThe recordation shall have the effect of intentiona tojudicial introducemortgage thisagainst Actthe hasimmovable beenproperty publisheddescribed astherein providedand bymay Articlebe III,enforced Sectionagainst 13the immovable property described therein upon application of the Constitutionmunicipality or parish to the clerk of Louisiana.the district court for issuance of a writ in accordance with Code of Civil Procedure Article 2253.
BeThe itremedies enactedestablishedinthisChapterarenonexclusiveandmaybepursuedindependentlyofeachother byand thein Legislatureaddition oftootherremediesprovidedbylaw. Louisiana:
SectionIn 1.order for the lien and privilege toarise, the order, judgment, notice of judgment, or lienshallbefinal and not subjecttoappeal when recorded in the mortgage office.
R.S.
25:762.1 is hereby amended and reenacted to read as follows:
§762.1.
Commission enforcement powers;
city of New Orleans A.
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 3 CODING:
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HB NO.
368 ENROLLED assessed value immediatelyprecedingthedemolition asprovidedfor in the tax rolls of the city.
B.
The municipality or parish shall have a lien and privilege against the immovable property in or on which the violation occurred.
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.
The remedies established in this Chapter are nonexclusive and may be pursued independently of each other and in addition to other remedies provided by law.
In order for the lien and privilege to arise, the order, judgment, notice of judgment, or lien shall be final and not subject to appeal when recorded in the mortgage office.
Any liens placed against such immovable property shall be included in the next annual ad valorem tax bill and shall be paid along with such taxes, subject, however, to anyvalidany valid homestead exemption.
Failure to paythepay the liens shall cause the immovable propertyinproperty in or on which the violation occurred to be subject to the same provisions of law that govern tax lienssales onof immovable property inwhen accordance with the immovable property taxhas lienbeen auctiondeclared proceduresblighted asor seta forthpublic nuisance by an administrative hearing officer acting in R.S.accordance with this Section.
47:2122The etproperty seq.owners and other parties having interests in the property shall not have a right of redemption.
InHowever, addition,if failurethe immovable property has been sold for nonpayment of taxes to paya thetax lienssale shallpurchaser alsoother causethan suchthe liensmunicipality, and privilegesif the right of redemption from the tax sale has not elapsed at least one year prior to bethe subjectsale pursuant to enforcementthis inSection, accordancethe withtax R.S.sale purchaser shall have a right of redemption from the sale pursuant to this Section until one year after the right of redemption from the tax sale elapses.
In addition, failure to pay the liens shall also cause such liens and privileges to be subject to enforcementinaccordancewithR.S.
AnyAnyliensplacedagainstimmovableproperty liens placed against immovable property that has a legal homestead exemption from taxes will become payable ninety days after the death of the owner thereof or immediately upon Pagerecordation 2of any conventional mortgage on the immovable property or transfer of 3title CODING:to a new owner, whichever occurs first." Page 1 of 1
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HB NO.
368 ENROLLED recordation of anyconventional mortgage on the immovable propertyor transfer of title to a new owner, whichever occurs first.
SPEAKER OF THE HOUSE OF REPRESENTATIVES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED:
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