§ 8-44. Liens for removal and securing dangerous structures; maintenance of property; interest; assistance of National Guard.

(a)

Upon failure of the property owner to pay any fine levied by the city court, or any costs incurred by the city for securing, or demolition or removal, or both, of such structures, and for maintenance of property in a sanitary condition, the mayor may file a certified copy of the order levying a fine or fines or a copy of an invoice reflecting the amount of such costs and fees, including engineering and legal fees, with the recorder of mortgages, and the same, when so filed and recorded, shall operate as a lien and privilege in favor of the city against the property.

(b)

Any fine, costs and interest on costs incurred by the city shall be paid prior to cancellation of the lien. The rate of interest shall not exceed the rate of interest as provided in Civil Code Article 2924 R.S. 9:3500, and shall be computed from the date of recordation of the lien until paid or enforced.

(c)

The lien obtained by the city shall not only include the costs but shall include all engineering and attorneys' fees and all costs incurred in the locating of the owner, notification of the owner, and the enforcement and collection of the amount secured by the lien.

(d)

In accordance with R.S. 33:4754, the city's privilege and lien shall prime all other liens or privileges against the property filed after the notice to the owner if filed with the recorder of mortgages pursuant to this section, regardless of the date on which the city's lien and privilege is perfected, except that city's lien and privilege will not prime other tax liens against the property.

(e)

After the city has levied such fine or fines or incurred such costs as constitute the lien and privilege on the property the city may add said amounts to the next ad valorem tax bill of the owner, and said amount shall be subject to the same interest and penalties as delinquent ad valorem taxes.

(f)

Alternatively, the privilege and lien may be enforced in the district court pursuant to state law, and may be enforced either against the subject property or against the owner personally by ordinary process and subsequent seizure and sale or garnishment of other movable or immovable property of the owner pursuant to state law.

(g)

The amount of any city lien operating against the property and any interest accruing thereon may be canceled in whole or in part by the governing authority of the city in order to facilitate the sale or disposition of the property for the unpaid lien.

(h)

The mayor or city council may request and the adjutant general may assign subject to the approval of the governor, National Guard personnel and equipment to assist in the removal and demolition of condemned buildings, structures or public nuisances. The provisions of this subsection shall be applicable when the budget for the demolition and removal of condemned structures has been expended by the city. However, the request must be accompanied by documentation that all procedural protections and substantive restraints have been adhered to by the city.

(i)

In the event all procedural protections and substantive restraints have been adhered to by the city, the city and its personnel and the National Guard and its personnel shall not be liable to the owner of the building, structure or public nuisance for any damages sustained resulting from the demolition of the building, structure or public nuisance.

(Code 1968, § 5-30; Ord. No. 2007-09, § 8, 12-4-2007)