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Rs 13:2493.1 Housing Court Division; Jurisdiction; Powers Of Judge; Environmental Docket

§2493.1. Housing court division; jurisdiction; powers of judge; environmental docket

A. The council of the city of New Orleans is hereby authorized to create, subject to

the approval of the majority of the judges of the Municipal and Traffic Court of New

Orleans, the Housing and Environmental Court Division of the Municipal and Traffic Court

of New Orleans, hereinafter referred to as the "housing court division". In the ordinance

creating the housing court division, the council shall designate the effective date of the

creation of the court. The housing court division shall be assigned, and its jurisdiction shall

be limited to, all violations of the provisions of the following:

(1) The Building Code of the city of New Orleans, Ordinance No. 17,525 C.C.S., as

amended.

(2) The Comprehensive Zoning Ordinance of the city of New Orleans, Ordinance

No. 4264 M.C.S., as amended.

(3) Chapters 28, 30, 37, 48, and 541 of the City Code of the city of New Orleans.

(4) The Fire Code of the city of New Orleans, Ordinance No. 4912 M.C.S.

NOTE: Subections B, C, and D eff. until Jan. 1, 2017. See Acts 2014, No.

845, §1.

B. All cases involving violations of the provisions of the Building Code, The

Comprehensive Zoning Ordinance, or Chapters 28, 30, 37, 48, and 54 of the City Code of

the city of New Orleans, or the Fire Code presently pending before the Municipal Court of

New Orleans, shall be transferred to the housing court division for further proceedings in

accordance with law.

C. Upon creation of the housing court division, one of the judges of the Municipal

Court of New Orleans now provided for by R.S. 13:2492 shall be assigned to serve as the

judge of the housing court division of the Municipal Court of New Orleans.

(1) Each of the four judges provided for in R.S. 13:2492, one of whom shall be the

judge of the housing court division, for the purposes of nomination and election only, shall

preside over separate and distinct divisions of the court.

(2) The divisions provided for in Subparagraph (1) above shall be designated

alphabetically as Division "A", Division "B", Division "C", and Division "D". The judge

senior in point of continuous service shall preside over Division "A", and the other judges

of the court shall occupy the other designated divisions according to their respective periods

of continuous service.

D.(1) The jurisdiction of the Municipal Court of New Orleans, the Housing and

Environmental Court Division of the Municipal Court of New Orleans shall extend to the

trial of violations of an ordinance of the city of New Orleans and the violations of state

statutes which are not triable by a jury for criminal prosecutions provided in R.S. 14:107.3,

and any other authority provided by law or home rule charter for the civil enforcement of

health, safety, and welfare ordinances, including but not limited to the authority provided in

R.S. 13:2575 for administrative adjudication for violations of public health, housing, fire

code, environmental building code, zoning, historic district, permitting vegetation, and

nuisance ordinances, as provided for and defined in R.S. 33:1374. In Orleans Parish, the

public authority may enforce health, safety, and welfare statutes or ordinances or otherwise

seek to eliminate blighted property, unsafe structures and equipment, unlawful structures and

structures unfit for human occupancy, housing violations, or public nuisances additionally

in the Municipal Court of New Orleans.

(2) A separate environmental docket of the Housing and Environmental Court

Division of the Municipal Court of New Orleans is established into which the public

authority, as defined in R.S. 33:1374, or other party, may request allotment or transfer of

cases brought pursuant to R.S. 33:1374.

NOTE: Subsections B, C, and D as amended by Acts 2014, No. 845, §1, eff.

Jan. 1, 2017.

B. All cases involving violations of the provisions of the Building Code, The

Comprehensive Zoning Ordinance, or Chapters 28, 30, 37, 48, and 54 of the City Code of

the city of New Orleans, or the Fire Code presently pending before the Municipal and Traffic

Court of New Orleans, shall be transferred to the housing court division for further

proceedings in accordance with law.

C. Upon creation of the housing court division, one of the judges of the Municipal

and Traffic Court of New Orleans now provided for by R.S. 13:2492 shall be assigned to

serve as the judge of the housing court division of the Municipal and Traffic Court of New

Orleans.

D.(1) The jurisdiction of the Municipal and Traffic Court of New Orleans, the

Housing and Environmental Court Division of the Municipal and Traffic Court of New

Orleans shall extend to the trial of violations of an ordinance of the city of New Orleans and

the violations of state statutes which are not triable by a jury for criminal prosecutions

provided in R.S. 14:107.3, and any other authority provided by law or home rule charter for

the civil enforcement of health, safety, and welfare ordinances, including but not limited to

the authority provided in R.S. 13:2575 for administrative adjudication for violations of public

health, housing, fire code, environmental building code, zoning, historic district, permitting

vegetation, and nuisance ordinances, as provided for and defined in R.S. 33:1374. In Orleans

Parish, the public authority may enforce health, safety, and welfare statutes or ordinances or

otherwise seek to eliminate blighted property, unsafe structures and equipment, unlawful

structures and structures unfit for human occupancy, housing violations, or public nuisances

additionally in the Municipal and Traffic Court of New Orleans.

(2) A separate environmental docket of the Housing and Environmental Court

Division of the Municipal and Traffic Court of New Orleans is established into which the

public authority, as defined in R.S. 33:1374, or other party, may request allotment or transfer

of cases brought pursuant to R.S. 33:1374.

Added by Acts 1982, No. 128, §1, eff. July 11, 1982; Acts 2010, No. 472, §1; Acts

2014, No. 845, §1, eff. Jan. 1, 2017.

1In par. (3) of subsec. A, as the enumeration appears in the original bill and enrolled

Act.

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Local Government
Louisiana
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5
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John Bel Edwards
John Bel Edwards
January 11, 2016 -
Democratic
1-225-342-4404
900 North 3rd Street, Baton Rouge, LA, 70802

Keywords
orleans
municipal
housing
traffic
environmental
violations
ordinance
judge
criminal
jury