RS 25:762.1     

§762.1. Commission enforcement powers; city of New Orleans

            A. Notwithstanding any other provision of law to the contrary, in the city of 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 fifty thousand dollars or fifteen percent of the assessed value of the structure or edifice in accordance with the assessed value immediately preceding the demolition as provided for 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 of judgment, or lien. 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. 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. 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. The lien and privilege shall have ranking as provided by R.S. 9:4821(A)(1).

            C. 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 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 liens on immovable property in accordance with the property tax lien auction procedures as set forth in R.S. 47:2122 et seq. In addition, failure to pay the liens shall also cause such liens and privileges to be subject to enforcement in accordance with R.S. 13:2576. 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 recordation of any conventional mortgage on the immovable property or transfer of title to a new owner, whichever occurs first.

            Acts 2022, No. 611, §1; Acts 2026, No. 959, §1.