§ 33:4720.87 — Blighted property removal

Louisiana § 33:4720.87

• Jurisdiction: Louisiana
• Title 33: Municipalities and Parishes

Text

A. Notwithstanding any other provision of this Chapter, St. Charles Parish shall have the power to acquire by purchase, gift, bequest, expropriation, negotiation, or otherwise any blighted property as defined in this Section, either within or outside a designated community improvement area and, further, to hold, clear, manage, and dispose of said property, all in accordance with the procedures set forth in this Section, which procedures shall be exclusive for the acquisition of individual blighted property by the parish governing authority but shall not affect any other authority of the parish governing authority for acquisition of blighted property.
B. For the purposes of this Section, "blighted property" shall include those commercial or residential premises, including lots, which have been declared vacant, uninhabitable, and hazardous by Planning and Zoning. In determining whether any premises are vacant, uninhabitable, and hazardous, Planning and Zoning shall consider any or all of the following:
(1) Any premises which because of physical condition are considered hazardous to persons or property.
(2) Any premises declared to be a public nuisance.
(3) Any premises declared to be a fire hazard.
(4) Any premises declared to be vermin-infested.
(5) Any premises declared to be lacking in facilities or equipment required by local ordinances.
C. The parish governing authority shall not acquire any blighted property by expropriation unless Planning and Zoning has held an administrative hearing on the question and has resolved such property to be blighted and has authorized the acquisition of such property by the parish governing authority.
D. The procedure for certification of blighted properties shall be as follows:
(1) Any parochial entity responsible for inspecting property and enforcing health, housing, fire, historic district, and environmental codes, or any other entity designated by the parish governing authority shall submit to Planning and Zoning a list of those properties which are determined to be vacant, uninhabitable, and hazardous and which otherwise meet the criteria set forth in Subsection B of this Section for the determination of blight.
(2) Planning and Zoning shall place each listed property on the administrative hearing docket and notify each property owner of the scheduled hearing by registered or certified mail at the address of the property owner as listed in the assessor's office of the parish. If the notice is returned as undeliverable or as not accepted, notice shall be given in the official journal of the parish. The notice shall include the property owner's name, the property's street address, and the date, time, and place of the hearing. The notice shall also state that the purpose of the hearing is to determine whether the property is blighted and eligible for expropriation by the parish governing authority. Notice by mail or publication shall be accomplished at least thirty days prior to the date of such hearing.
(3) On the date of the hearing, interested parties may present testimony before Planning and Zoning concerning the properties under consideration. After hearing all of the information and evidence presented, Planning and Zoning shall certify by order those properties which are determined to be blighted and shall authorize the parish governing authority to acquire said properties if the parish governing authority finds that such acquisition is necessary and feasible.
E.(1) Upon receipt of authorization to acquire, the parish governing authority shall begin immediately to procure purchasers for any properties acquired pursuant to this Section in order to facilitate the immediate transfer and development thereof.
(2) Expropriation pursuant to this Section shall confer title to the property conveyed in the deed of sale free of all mortgages, liens, privileges, taxes, and encumbrances, provided that notice of such expropriation shall be sent at least thirty days prior to commencement of such expropriation proceedings by registered or certified mail, return receipt requested, by personal service, or by other means provided by law to all parties having a legally protected property interest in such property whose names and addresses can be reasonably ascertained. The proceeds from the expropriation of property pursuant to this Section shall be credited and applied against the most recent taxes, mortgages, and liens imposed pursuant to R.S. 33:1236, and paving and other local improvement assessments due on the property in accordance with the order of preference in R.S. 47:2190, and any funds remaining after full payment of all taxes, mortgages, liens, and assessments shall be distributed to creditors in accordance with the priorities of distribution set forth in Article 2377 of the Code of Civil Procedure. Any taxes, charges imposed pursuant to R.S. 33:1236, and paving or other local improvement assessments remaining past due and unpaid after the application of the expropriation proceeds shall remain the responsibility of the previous owner of the property.
(3) Prior to acquisition of any properties declared blighted and in accordance with procedures established by the parish governing authority, it shall offer technical or financial assistance as may be available for rehabilitation to the property owner.
(4) Except to the extent of any conflict with the provisions of this Section, property disposed of within a community improvement area shall be disposed of under a redevelopment contract in accordance with the provisions of R.S. 33:4720.88. Property disposed of outside a community improvement area shall be disposed of by deed in accordance with the provisions set forth in applicable law.
F. The parish governing authority may receive and utilize any federal, state, local, or other funds as may be appropriated or otherwise made available in order to effectuate the purposes of this Section.

Legislative History

Acts 2004, No. 583, §1, eff. June 25, 2004.