{
 "citation": "14:107.3",
 "heading": "Criminal blighting of property",
 "doc_id": "78263",
 "source_url": "https://legis.la.gov/legis/Law.aspx?d=78263",
 "classification": "F",
 "enacted_year": "2023",
 "last_amended_year": "2023",
 "penalties": [
  {
   "subsection": "C(1)",
   "text": "C.(1) On a first conviction, the offender shall be fined not more than five hundred dollars per violation.",
   "los_min": "",
   "los_max": "",
   "hard_labor": "",
   "benefits": "",
   "death": false,
   "condition": ""
  },
  {
   "subsection": "C(2)",
   "text": "(2) On a second conviction, or if the offender fails to correct violations after ordered to do so by the court, the offender shall be fined not more than one thousand dollars per violation and imprisoned for not more than six months.",
   "los_min": "0",
   "los_max": "6M",
   "hard_labor": "",
   "benefits": "",
   "death": false,
   "condition": "if the offender fails to correct violations after ordered to do so by the court"
  },
  {
   "subsection": "C(3)",
   "text": "(3) On any third or subsequent conviction, or if the offender fails to correct all violations after a second conviction, the offender shall be fined not more than two thousand dollars per violation and imprisoned for not more than one year, with or without hard labor.",
   "los_min": "0",
   "los_max": "1Y",
   "hard_labor": "W/WO",
   "benefits": "",
   "death": false,
   "condition": "if the offender fails to correct all violations after a second conviction"
  }
 ],
 "referenced_statutes": [
  "13:2575"
 ],
 "text": "RS 14:107.3\n\n\u00a7107.3. Criminal blighting of property\n\nA. The terms used in this Section shall have the following meanings:\n\n(1) \"Blighted property\" means any vacant or occupied immovable property that has\nbeen declared or certified as blighted or a public nuisance by a court of competent\njurisdiction or by an administrative hearing officer acting pursuant to R.S. 13:2575 or 2576,\nor any other applicable law.\n\n(2) \"Housing violations\" means only those conditions in privately owned structures\nwhich are determined to constitute a threat or danger to the public health, safety, and welfare\nor to the environment.\n\n(3) \"Public nuisance\" means any garage, shed, barn, house, building, apartment, or\nstructure, that by reason of the condition in which it is permitted to remain, may endanger\nthe health, life, limb, or property of any person, or cause any hurt, harm, damages, injury, or\nloss to any person in any one or more of the following conditions:\n\n(a) The property is dilapidated, decayed, unsafe, or unsanitary, is detrimental to\nhealth, morals, safety, public welfare, and the well-being of the community, endangers life\nor property, or is conducive to ill health, delinquency, and crime.\n\n(b) The property is a fire hazard.\n\n(c) The conditions present on the property and its surrounding grounds are not\nreasonably or adequately maintained, thereby causing deterioration and creating a blighting\ninfluence or condition on nearby properties and thereby depreciating the value, use, and\nenjoyment to such an extent that it is harmful to the public health, welfare, morals, safety,\nand the economic stability of the area, community, or neighborhood in which such public\nnuisance is located.\n\nB. Criminal blighting of property is the intentional or criminally negligent permitting\nof the existence of a condition of deterioration of property by the owner, which is deemed\nto have occurred when the property has been declared or certified as blighted or a public\nnuisance by an administrative hearing officer acting pursuant to R.S. 13:2575 or 2576, or any\nother applicable law.\n\nC.(1) On a first conviction, the offender shall be fined not more than five hundred\ndollars per violation. Imposition of a fine may be suspended and in lieu thereof, the court\nmay require the offender to correct all existing housing violations on the blighted property\nwithin a timely manner determined by the court.\n\n(2) On a second conviction, or if the offender fails to correct violations after ordered\nto do so by the court, the offender shall be fined not more than one thousand dollars per\nviolation and imprisoned for not more than six months. Additionally, the court shall require\nthat the offender correct all existing housing violations on the blighted property.\n\n(3) On any third or subsequent conviction, or if the offender fails to correct all\nviolations after a second conviction, the offender shall be fined not more than two thousand\ndollars per violation and imprisoned for not more than one year, with or without hard labor.\n\n(4) The penalty of imprisonment provided for in this Subsection shall not be imposed\nwhen the property is a single family residence occupied by the defendant at the time of the\nviolation.\n\nD. Repealed by Acts 2023, No. 85, \u00a73.\n\nE. Any offense committed more than five years prior to the commission of the crime\nfor which the defendant is being tried shall not be considered in the assessment of penalties\nhereunder.\n\nF. The satisfactory performance of correction of housing violations on the blighted\nproperty provided for in this Section shall include inspections by a municipal entity\nresponsible for inspecting property and enforcing health, housing, fire, historic district, and\nenvironment codes, or any other entity designated by the local governing authority, whose\nrepresentatives shall report to the court on the successful or otherwise, correction of housing\nviolations on the blighted property.\n\nG. Community service activities as used in this Section may include clearing\nproperties that have been declared or certified as blighted or a public nuisance as set forth\nherein, of debris, cutting grass, performing repairs, and otherwise correcting any situations\ngiving rise to housing violations. Correction of housing violations on the offender's own\nproperty will not be considered as fulfillment of the offender's community service hours\nrequirement. All community service activities assessed under this Section will be under the\ndirect supervision of a municipal entity responsible for inspecting property and enforcing\nhealth, housing, fire, historic district, and environmental codes, or any other entity designated\nby the local governing authority.\n\nH. Prosecution pursuant to this Section may occur concurrently with review and\nappeal of declarations and certifications of blight.\n\nActs 1999, No. 1229, \u00a71; Acts 2001, No. 232, \u00a71; Acts 2023, No. 85, \u00a7\u00a71, 3; Acts\n2025, No. 255, \u00a71."
}