Amendment vs bill Senate Floor Amendment, #4184, Barthelemy, Adopted vs Enrolled

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ENROLLED Regular Session HOUSE BILL NO.
SFAHB368 4769 4184 SENATE FLOOR AMENDMENTS Regular Session Amendments proposed by Senator Barthelemy to Engrossed House Bill No.
368 BY REPRESENTATIVES FREEMAN AND KNOX AN ACT To amend and reenactR.S.
368 by Representative Freeman AMENDMENT NO.
25:762.1, relativeto thecityofNewOrleans;to provide relative to historic preservation districts and landmarks commissions;
1 On page 1, line 7, after "violations;" insert "to provide for liens on immovable property in or on which a violation occurred;" AMENDMENT NO.
to provide relative to regulations established bysuch districts and commissions;
2 On page 1, line 14, before "Notwithstanding" insert "A." AMENDMENT NO.
to provide relative to the violation of such regulations;
3 On page 1, below line 21, insert the following:
to provide relative to penalties imposed for certain violations;
"B.
to increase the maximum penalties authorized to be levied for such violations;
Themunicipalityor parish shall havealienand privilegeagainsttheimmovable property in or on which the violation occurred.
to provide for liens on immovable property in or on which a violation occurred;
The lien and privilege shall secure all fines, costs, and penalties which are assessed bythe municipalityor parish in accordance with this Section and described in the order, judgment, notice of judgment, or lien.
and to provide for related matters.
For the lien and privilege to arise and exist, 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.
Notice of intention to introduce this Act has been published as provided by Article III, Section 13 of the Constitution of Louisiana.
The recordation shall have the effect of a judicial mortgage against the immovable property described therein and may be enforced against the immovable property described therein upon application of the municipality or parish to the clerk of the district court for issuance of a writ in accordance with Code of Civil Procedure Article 2253.
Be it enacted by the Legislature of Louisiana:
The remedies establishedinthisChapterarenonexclusiveandmaybepursuedindependentlyofeachother and in addition tootherremediesprovidedbylaw.
Section 1.
In 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:
Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.
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 anyvalid homestead exemption.
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 any valid homestead exemption.
Failure to paythe liens shall cause the immovable propertyin or on which the violation occurred to be subject to the same provisions of law that govern tax liens on immovable property in accordance with the property tax lien auction procedures as set forth in R.S.
Failure to pay the liens shall cause the immovable property in or on which the violation occurred to be subject to the same provisions of law that govern tax sales of immovable property when the immovable property has been declared blighted or a public nuisance by an administrative hearing officer acting in accordance with this Section.
47:2122 et seq.
The property owners and other parties having interests in the property shall not have a right of redemption.
In addition, failure to pay the liens shall also cause such liens and privileges to be subject to enforcement in accordance with R.S.
However, if the immovable property has been sold for nonpayment of taxes to a tax sale purchaser other than the municipality, and if the right of redemption from the tax sale has not elapsed at least one year prior to the sale pursuant to this Section, the tax 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.
Any 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 Page 2 of 3 CODING:
Anyliensplacedagainstimmovableproperty that has a legal homestead exemption from taxes will become payable ninety days after the death of the owner thereof or immediately upon recordation of any conventional mortgage on the immovable property or transfer of title to a new owner, whichever occurs first." Page 1 of 1
Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.
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:
Page 3 of 3 CODING:
Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.