An Explanation of Enforcement Process

Most residents don’t understand how the code enforcement process works.  Below is a description of the five phases of the enforcement process.

1. Inspections
   There are a number of reasons that the Code Enforcement Department might decide to inspect a property.  A resident or the City Council might have made a complaint about it, it may be a danger to the community or it might be part of a code enforcement sweep area (for a more detailed explanation of sweeps, go to the main page of the Code Enforcement website).
   
   When an inspector inspects a property, if they determine that it violates any of the City’s housing standards, the owner receives a Notice of Violation.  The notice is posted on the property and is mailed to the owner as part of a Notice of Violation packet.  The notice lists the specific violations observed and gives a hearing date.

1. Pre-Hearing
   Proving that the Property has been Repaired or Demolished
   Before the hearing date, a property owner can contact the Code Enforcement Department with information that proves that the violations have been corrected or that the property was demolished.  An inspector will revisit the property and if it now meets City laws, the case is closed.  The property owner must contact the department at least seven days before the hearing. 
   
   Requesting an Extension of Time to Comply
   A property owner who has received a Notice of Violation may be eligible for a one-time day extension if he provides a valid reason.  To request an extension, the property owner must contact the department no later than seven days after the Notice of Violation is postmarked. 
   
   

2. The Administrative Hearing
   If a property owner does not correct the violations observed by city inspectors, an administrative hearing is conducted by an impartial judge.  The judge determines whether the property is a public nuisance or blight. 

   At the hearing, both the City and the property owner testify under oath.  The City presents the evidence against the owner and neighbors are allowed to offer testimony.  The property owner has the right to be represented by an attorney, present evidence, introduce witnesses, and question city inspectors under oath. 
   If a property owner has made repairs, they should bring photographs and copies of contracts to the hearing.  If they cannot attend the hearing, a representative that has been given power of attorney can attend in their place.

3. Judgment: Determining Public Nuisance & Blight
   Within seven days of the hearing, the Judge will decide whether the owner is innocent or guilty.  If guilty, the owner’s property is declared a “public nuisance,” “blight,” or both.  The judgment can include a fine of $100 to $500 per day until the violations are corrected.  Depending on whether a property is declared a public nuisance or blight, other actions are also required

Public Nuisances

If a property is declared a “public nuisance,” an owner has ten days to correct or remove the nuisances.  The owner must prove that this has been done by sending in photographs and copies of contracts.  A city inspector will revisit the property to verify that the property now meets City laws. 
A one-time extension may be granted if an owner proves that additional time is need.  To request an extension, the owner should contact the Code Enforcement Department at 658-4300.

If a public nuisance has not been removed within ten days of a final judgment and an extension has not been given, a fine of $100-$500 a day will be charged against the property owner.  In addition, the City will notify the property owner that the City can enter the property to remove the nuisances.  If this happens, the owner will be charged with the fees and costs related to the City removing the nuisances.   A verdict of Public nuisance also gives the City the legal right to demolish the property if necessary.  

Blight

If a property is declared “blight,” the property can be seized under the City’s eminent domain authority.  Before attempts to seize a property, the property owner will be given the opportunity to enter into an agreement with the City to repair or sell the property.  Daily fines are suspended during the duration of the agreement. 

If the property owner does not enter into the agreement or breaches the terms of the agreement, the New Orleans Redevelopment Authority can initiate the process to forcibly acquire ownership of the property.  If a property is seized, the owner will be paid fair market value for the property.

Appeals

After a final judgment by a Judge is issued, a property owner has thirty days to appeal.  Homeowners should contact the Civil District Court to file an appeal.  Their number is (504) 592-9250.