CITY OF NEW ORLEANS Code Enforcement Ordinances Chapters 6, 26 & 28
Comprehensive Blight Strategy Nearly three years ago, Mayor Landrieu introduced a new, aggressive blight strategy aimed at reducing the blight count in New Orleans by 10,000 properties by 2014. 2
Comprehensive Blight Strategy BlightSTAT 2 nd Thursdays monthly at 8am, 8 th floor City Hall Allows unparalleled opportunities for transparency and community engagement Review of coordinated efforts and performance of Code Enforcement and Blight Team 3
Comprehensive Blight Strategy Strict enforcement and aggressive lien foreclosure BlightStatus.nola.gov Lot Next Door Revisions Sheriff s Sales Demolitions National Recognition 4 2012 Bright Idea in Government 2012 U.S. Department of Housing and Urban Development Secretary s Award
Reduced Blight by 8,000 Addresses A recent study released by The Greater New Orleans Community Data Center showed that blighted properties have been reduced by approximately 8,000 addresses since 2010. 5 Source: Allison Plyer and Elaine Ortiz, Benchmarks for Blight: How Much Blight Does New Orleans Have? August 21, 2012, Greater New Orleans Community Data Center
6 Chapter 6, 26 & 8 History
Chapter 28 History After Katrina, the City adopted Ch. 28 of the City Code titled, Post Disaster Recovery Relief in 2008. Ch. 28 consisted of two main elements, declaring a property blighted and proceeding with expropriation, or declaring a property a public nuisance and proceeding with demolition. Ch. 28 suspended the majority of Ch. 6, which governed the administrative hearing process for code violations and Ch. 26 (Article IV), which provided minimum housing standards. 7
Landrieu Administration proposes tougher enforcement tools Eliminate Ch. 28 (Sun-setting 8/31/13) Rewrite and restructure Chapters 6 & 26 (effective date of 9/1/13), which will help us: 8 Continue and improve the City s current blight initiatives, including lien foreclosure, demolition, and expropriation; Increase efficiency throughout the administrative adjudication process; and Create stronger and more flexible enforcement options for residential and commercial property; including occupied property.
Minimum Standards Introduced The revisions extend beyond the previous singular focus of declaring unoccupied properties blighted, and introduces minimum health/safety maintenance standards for all properties in New Orleans. The hearings will now determine compliance with the required minimum property standards. At the hearing Code Enforcement can recommend, and a hearing officer can order, appropriate courses of action for each specific property, such as a property being declared blighted, or that abatement be ordered by demolition for substandard, hazardous structures. This front-end approach creates a more stream-lined process. 9
Tougher penalties mean more enforcement Because hearings will determine compliance with all applicable minimum property standards, penalties can accrue for each violation. Additionally, the hearing officer s judgment will set forth the abatement manner for each violation (e.g. repair the hole in the roof, remove debris from the yard, cut the grass, & repair the broken fence), affording an owner a better understanding of a property s violations and the required abatement action for each violation. 10
Specific Changes: Chapter 6 Current law in practice (Chapter 6) - applies only to violations under a narrow list of specific enumerated code sections. Proposed Law provides categories of violations. Current law in practice (Chapter 28) assess a penalty for the violation of blight/public nuisance. Current law in practice (Chapter 28) provides a vague ability to recapture costs. Proposed Law - provides that each violation of a minimum standard constitutes a separate offense and can carry a separate penalty. Proposed Law - creates a Full Cost Recovery section, which permits the true cost recovery (through fees) for every step in the inspection, adjudication and abatement process. (Section 6-38). Current law in practice (Chapter 28) suspended the requirement that a transferee be notified if a property received a violation notice prior to the transfer (which was also limited to housing 11 violations). Proposed Law - creates a section that requires a transferor to furnish the city proof that the new owner (transferee) is aware of a pending violation against the property, and this requirement applies to all eligible code violations (Section 6-44).
Specific Changes: Chapter 26 Current law in practice only provides for minimum housing standards (Ch. 26), and only provides for enforcement against unoccupied properties (Ch. 28). Current law in practice (Chapter 28) Code Enforcement hearings determine if an unoccupied property is a blight/public nuisance. Proposed law - requires that all properties (commercial and residential, occupied and unoccupied) comply with Minimum Property Maintenance Standards,modeled after the International Property Maintenance Code, which includes: General requirements that apply to all properties (unoccupied and occupied) that ensure basic health and safety maintenance standards Occupied property must also meet the following additional requirements: Basic light, ventilation and occupancy limits. Basic plumbing and fixture requirements. Basic mechanical and electrical requirements. Proposed law for unoccupied properties, a determination of blight & public nuisance still exists, but without limiting the scope/purpose of the hearings. Current law in practice (Chapter 28) provides a potentially cumbersome demolition process, which can result in multiple hearings on the same property. Proposed law - streamlines the demolition process of substandard properties by allowing a hearing officer to order the demolition of structures at the initial hearing. If an owner then fails to comply with that order, the law permits the City to demolish and lien for the costs. Current law in practice(chapter 28) provides a narrow ability to enter an unoccupied premise to inspect Current law in practice(chapter 28) provides no boarding standards. Proposed law Permits inspectors to enter a structure in order to inspect the interior of unoccupied and occupied properties in certain circumstances, and also provides for the ability to petition the court for a right of entry, if needed. Proposed law - provides boarding standards to ensure high-quality boarding that is compatible with nearby occupied structures, and requires approval from Code Enforcement to maintain wood boarding after six months. 12
Specific Changes: Chapter 26 Current law in practice (Chapter 26 and Chapter 28) provides an emergency provision only to permit inspections and demolition of structures in imminent danger of collapse. Proposed law - provides emergency measures whereby the City can abate any threat to the public health/safety in an emergency situation. 13
14 Questions