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Definitions
"'Abandoned or blighted housing property' means immovable
property that has been adjudicated to a political subdivision for
nonpayment of taxes [as opposed to being sold to a private entity
for nonpayment of taxes] or which has been acquired by a political
subdivision by other means, which property is vacant or not lawfully
occupied and which can be used presently for housing or can be revitalized
for housing." R.S. 33:4720.26(1).
"'Abandoned property' means immovable property that
has been adjudicated to a political subdivision for nonpayment of
taxes [as opposed to being sold to a private entity for nonpayment
of taxes], which property is vacant or not lawfully occupied. The
term 'vacant or not lawfully occupied' shall include but not be
limited to any premises which is not actually occupied by its owner,
lessee, or other invitee, and has been left unsecured or inadequately
secured from unauthorized entry to the extent that the premises
may be entered and utilized by vagrants or other uninvited persons
as a place of harborage or any premises which by reason of dilapidation,
deterioration, state of disrepair, or other such status is otherwise
detrimental to or endangers public safety, health, or welfare."
R.S. 33:4720.12(1).
"'Blighted Property' shall include those commercial
or residential premises, including lots, which have been declared
vacant, uninhabitable, and hazardous by an administrative hearing
officer acting pursuant to R.S. 13:2575 and 2576 or other applicable
law. In determining whether any premises are vacant, uninhabitable,
or hazardous, the hearing officer shall consider 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 or lacking in facilities
or equipment required by the housing code of the city of New Orleans."
Act No. 155 of the 1984 Regular Session and Act No. 101 of the
1997 Regular Session of the Louisiana Legislature. See, also,
Section 6-44 of the New Orleans City Code.
"An administrative hearing officer acting pursuant to Section
6-44 of the New Orleans City Code, in determining whether a vacant
lot is 'blighted property', pursuant to Section 8 of Act No. 170
of the 1968 Regular Session of the Louisiana Legislature, as amended
by Act No. 135 of the 1994 Third Extraordinary Session, Act No.
375 of the 1995 Regular Session, and Act No. 101 of the 1997 Regular
Session, and Section 6-44 of the New Orleans City Code, shall
consider to be a public nuisance a vacant lot (1) which vacant
lot is owned by a person who has been found guilty of failing
to maintain the vacant lot in accordance with Sections 66-241,
et seq., by the Municipal Court of the City of New Orleans
and/or by an administrative adjudication hearing officer acting
pursuant to Section 6-31, et seq., of the New Orleans City
Code, and (2) which vacant lot has been adjudicated to the City
of New Orleans for unpaid taxes, charges imposed pursuant to R.S.
33:1236, or paving or other improvement assessments." Section
6-45 of the New Orleans City Code.
"Blighted vacant lots" include any of the following:
"1. Blighted vacant lots are defined as any portion of ground
which is not reasonably or adequately maintained thereby causing
deterioration and creating a blighting influence or condition
on nearby properties thereby depreciating the value, use and enjoyment
to such an extend [sic] that it is harmful to the public
health, welfare, safety and economic stability of the area or
neighborhood and the owner thereof has been twice cited in a 24
month period for failure to maintain the vacant lot. Such lots
may be declared blighted by an administrative hearing officer
after notification to the owner of record of the hearing at which
the blight thereof is to be considered."
"2. The taxes owed has [sic] not been paid for a period
of three (3) years and the taxes exceed the value of the land."
"3. Any vacant lot bearing unpaid taxes for three (3) years
and meeting the criteria included in the definition of a blighted
vacant lot."
"4. Any unkept vacant lot that has been created by virtue
of demolition by a city agency to protect and ensure public health,
and safety bearing unpaid demolition liens."
Resolution R-98-718, New Orleans City Council.
"Public Nuisance": "Any garage, shed, barn,
house, building or structure shall be deemed to be a public nuisance
if by reason of the condition in which it is permitted to be or
remain, it shall or may endanger the health, life, limb, or property
of any person or persons, or cause any hurt, harm, damages, injury
or loss to any person or persons in any one or more of the following
ways, means or particulars:
• By reasons [sic] of being dilapidated,
decayed, unsafe or unsanitary is detrimental to health, morals,
safety, public welfare, and the well-being of the community, endangers
life or property or is conducive to ill health, delinquency and
crime.
• By reason of being a fire hazard.
• By reason of the conditions which require its continued
vacancy, the public nuisance, and its surrounding grounds, are not
reasonably or adequately maintained, thereby causing deterioration
and creating a blighting influence or condition on nearby properties
and thereby depreciating the value, use and enjoyment to such an
extent that it is harmful to the public health, welfare, morals,
safety and the economic stability of the area, community or neighborhood
in which such a public nuisance is located."
Section 102.4.1.1 of the New Orleans Building Code.
"'Vacant or not lawfully occupied' shall include
but not be limited to any premises which is not actually occupied
by its owner, lessee, or other invitee, and has been left unsecured
or inadequately secured from unauthorized entry to the extent
that the premises may be entered and utilized by vagrants or other
uninvited persons as a place of harborage or any premises which
by reason of dilapidation, deterioration, state of disrepair,
or other status is otherwise detrimental to or endangers public
safety, health, or welfare." R.S. 33:4720.26(3).
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