Every U.S. state holds the power to create laws and regulate them according to their particular needs – which is why it is essential to consider the specific ordinances in New Orleans if you are contemplating investing in vacant properties.
This article reviews a few important statutes you should know about to prevent fines and violations on your New orleans vacant property investment.
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Buildings, Building Regulations And Housing Standards
Chapter 26 of the New Orleans Code of Ordinances has key regulations related to property maintenance. Vacant property owners must strictly follow these regulations to avoid fines and legal consequences. The following section outlines the key regulations.
Minimum Property Maintenance Code
The Minimun Property Maintenance Code of New Orleans contains multiple sections that are relevant for vacant property owners in New Orleans. Below, we’ve listed some of them:
General Requirements For Vacant & Occupied Premises
This set of regulations, outlined in Division 4 – General Requirements for Vacant and Occupied Premises, serves as a comprehensive guideline for property owners to maintain their premises in a safe, sanitary, and structurally sound condition. Relevant to vacant property owners, these provisions emphasize the responsibility of maintaining the exterior and interior of structures, including cleanliness, structural integrity, and adherence to safety standards. Addressing issues such as weed control, rodent prevention, exterior surfaces, roofs, drainage, and more, these regulations ensure that vacant properties do not become eyesores or pose risks to public health and safety. Complying with these standards is crucial for both property owners and the overall well-being of the community.
Procedure & Specific Determinations
Division 8 – Procedure and Specific Determinations outlines the legal process and consequences for property owners, particularly relevant to those with vacant properties. It establishes procedures for addressing code violations, issuing penalties, and, notably, orders to vacate. If a vacant property is found unsafe, unfit for human occupancy, or in violation of occupancy limits, the code official can issue an order to vacate. This ensures public safety and compliance with building standards. Furthermore, the division introduces measures to address blight and public nuisance, allowing for the declaration and potential expropriation of uninhabitable or hazardous vacant structures. For vacant property owners, compliance is essential to avoid penalties and maintain community standards.
Abatement
Division 9 – Abatement establishes crucial protocols for vacant property owners in the event of code violations. If a hearing officer issues an abatement order due to safety concerns, the property owner is required to address the violations within the stipulated timeframe. Failure to comply empowers the code official to abate the premises at the owner’s expense, with costs becoming a lien on the property. Abatement methods include repairs, securing premises, demolition, or boarding. For vacant property owners, understanding and adhering to these abatement procedures is essential to avoid financial burdens, legal repercussions, and to contribute to community safety and well-being.
Emergency Procedures
Division 10 – Emergency Procedures is crucial for vacant property owners in New Orleans, outlining protocols for imminent dangers such as unsafe conditions or hazardous waste accumulation. In emergencies threatening life, health, or property, the code official can take swift actions without the usual notice and hearings. Vacant property owners must comprehend these procedures, as non-compliance may prompt immediate city interventions to safeguard public safety. This division underscores the importance of maintaining vacant properties to prevent emergency situations, emphasizing liability for expenses incurred during emergency work as per the city’s Code, ensuring a prompt response to critical issues affecting the community.
Property Standards
Section 26-444 – Vacant structures and buildings to be kept secured to prevent ingress mandates that owners or their agents must maintain vacant structures securely to prevent unauthorized access. If a vacant structure lacks proper security, the owner or agent receives written notification, allowing a ten-day window to rectify the situation and ensure the structure is adequately secured. This regulation aims to mitigate potential hazards associated with unsecured vacant properties and underscores the importance of property owners’ responsibility in maintaining a secure environment, contributing to community safety and preventing unauthorized access to vacant structures.
Inclusionary Zoning Standards
The Inclusionary Zoning Standards in New Orleans, outlined in Article XII, aim to boost affordable housing within the city. While primarily targeting developers of multifamily or mixed-use projects, the program holds relevance for vacant property owners. In adherence to zoning regulations, vacant property owners seeking to develop or repurpose their land can participate in the Inclusionary Zoning Program. This initiative allows them to contribute to the city’s affordable housing goals, potentially unlocking development incentives. Understanding and complying with these standards is crucial for vacant property owners, ensuring alignment with city-wide housing initiatives and facilitating responsible urban development.
Burglary And Robbery Alarm Systems, False Alarm Reduction
Chapter 27 of the New Orleans Municipal Code addresses the regulation of burglary and robbery alarm systems, with a primary focus on reducing false alarms. For vacant property owners in New Orleans, this legislation is crucial as it encourages responsible use of alarm systems to prevent unnecessary police responses. Compliance with the defined requirements helps property owners avoid fines associated with false alarms. Installing alarm systems in vacant properties becomes a strategic security measure, and adherence to Chapter 27 ensures efficient and responsible alarm usage. This proactive approach safeguards the property while mitigating potential financial penalties for excessive false alarms.
Chronic Nuisance Properties
Article IV – Chronic Nuisance Properties, addresses severe health, safety, and welfare concerns posed by properties with recurring nuisance conditions and criminal activities. This legislation empowers the city to combat chronic nuisances, defined by repeated illicit activities within a property, by imposing penalties and facilitating abatement. For vacant property owners, this holds relevance as neglecting a property’s chronic nuisance status can result in fines, closure, and restricted business licenses for up to two years. The city’s vigilance ensures the community’s well-being and property values. Property owners must engage promptly with the city’s notification process to address and abate chronic nuisances, safeguarding both their property and the neighborhood.
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