From time to time, municipalities become faced with the problem of abandoned or dilapidated buildings and structures which not only create eyesores, but could endanger the safety of the public. These structures are either abandoned or neglected by their owners or occupants. When faced with these problems, the municipalities hands are not completely tied. A course of action which can be taken is found in La. R.S. 33:4761-4768-Removal of Dangerous Structures in Municipalities Generally.

La. R.S. 33:4761 gives the governing authority of any municipality (except New Orleans and Shreveport) the authority to condemn and cause to be demolished or removed any building or structure within the municipality when it is in a dilapidated or dangerous condition which endangers the public welfare.

The following is a brief outline of the procedures set out in La. R.S. 33:4761 to be followed by the municipality:

(1) A written report must be submitted recommending the demolition or removal of the building or structure signed by some city official or other person authorized to act in such matters for the municipality (33:4762).

(2) The mayor or chief executive shall serve notice by certified or registered mail to the last known address of the owner. The notice shall contain the time and date of the hearing and must be served at least ten (10) days before the hearing. The notice will require the owner to show cause at a meeting of the governing authority, regular or special, why the building should not be condemned. The notice may also be served by any sheriff, deputy sheriff, or constable having jurisdiction where the owner of the building is found in the state (33:4762).

Any notice served shall be filed with the recorder of mortgages where the property is located.

(3) If the owner is absent from the state or unrepresented, the notice shall be served upon the occupant of the building or structure. An attorney at law may be appointed to represent the absentee (33:4762(B)).

(4). After the hearing and if, in the opinion of the governing authority the facts justify it, an order shall be entered condemning the building and ordering that it be demolished or removed within a certain delay. If repairs will correct the unsafe condition, the governing authority may grant the owner the option of making the repairs. The decision and order of the governing authority shall be in writing and shall be final unless appealed from within five (5) days (33:4763).

(5) The owner, occupant or representative of the owner may appeal the decision of the governing authority to the district court having jurisdiction over the property (33:4764).

33:4765(B) states if the owner fails or refuses to comply with the decision and fails to appeal within the legal delays, then the mayor or chief executive may proceed with the demolition or removal of the building or structure, and neither the mayor nor the municipality shall be liable for damages. Prior to taking this action, however, La. R.S. 33:4765 requires the mayor or his designee to serve notice upon the owner, occupant, or attorney at law representing the absentee owner, giving the time when work will commence.

La. R.S. 33:4766 provides that the municipality has a privilege and lien upon an immovable or its improvements and the owner is personally liable for:

(A) Cost to the municipality for the maintenance of the immovable/improvement; and

(B) The cost to the municipality of demolishing or removing, or both, a building or structure situated upon the immovable or improvements and all attorney fees incurred by the municipality in connection with the demolition or removal.

In instances of a grave public emergency, the above referenced steps may be substituted for a fast-track method of obtaining a condemnation designation. La. R.S.33:4762 states that in the case of a grave public emergency where the condition of the building is such as to cause immediate loss or damage to person or property, the governing authority may condemn the building after twenty-four (24) hours’ notice served upon the owner, his agent, the occupant or attorney representing the absentee owner. The owner of the building must file his petition for appeal within forty-eight (48) hours of the decision and must, at the time of the filing of the petition, furnish a bond fixed by the district judge to cover any damage that might be caused by the condition of the building.

Occasionally, a municipality may be faced with the demolition of a structure which, upon closer inspection, contains asbestos or Regulated Asbestos-containing Material (RACM). RACMs are broken down into several categories. They include friable asbestos material(ACM) which is any material containing more than one (1) percent asbestos as determined by federal law. Included as friable asbestos are Category I ACM that has become friable, Category I nonfriable ACM that will be or has been subjected to sanding, grinding, cutting, or abrading or Category II nonfriable ACM that has a high probability of becoming or has become crumbled, pulverized, or reduced to powder by the forces caused in the demolition process. Special rules have been promulgated by the Louisiana Department of Environmental Quality which must be followed pursuant to any asbestos-containing structure which must be demolished.

LAC 33:III.5151.F - Emission Standard for Demolition and Renovation outlines these rules. Specifically, LAC 33:III.5151.F.1.c is applicable to a facility being demolished under an order of a state or local government agency issued because the facility is structurally unsound and in danger of imminent collapse. In this situation, the requirements found in Subsection F.2.a, b, c.iii, d (except Subsection F.2.d.viii), e, and 3.d-i are applicable. Subsection F.2.a requires the owner or operator of a demolition or renovation activity to provide the administrative authority with typed notice of intention to demolish or renovate using the latest Notification of Demolition and Renovation form. The notice must be delivered by U.S. Postal Service, commercial delivery service, or hand delivery. F.2.b requires an update notice if necessary when the amount of asbestos affected changes by at least 20 percent. F.2.c.iii requires post mark or delivery of the notice as early as possible before, but not later than the following working day, if the operation is a demolition ordered under F.1.c of this section. Subsection F.2.d.i-xvii (excluding F.2.d.viii) lists the items which must be included in the notice. Subsection F.2.e describes the form to be used to report the items contained in F.2.d. Lastly, Subsection F.3.d-I pertains to the procedures for asbestos emission control.

Please refer to R.S. 33:4761-4768. If you would like a copy of the law, or of pertinent excerpts found in LAC 33:III.5151.F please feel free to contact me at the LMA at (225) 344-5001 or (800) 234-8274. You may also contact me in writing at P.O. Box 4327, Baton Rouge, Louisiana 70821-4327. Please consult your municipal attorney should you wish to pursue any action of this type.