Four decades of housing code violations.
The house located at 212 Eleonore St in New Orleans has been in a dilapidated state of disrepair since at least the 1970's. The property is not only a blighted nuisance and an eye sore, but, it certainly depreciates the value of adjacent properties.
The condition of the house at 212 Eleonore St is not the result of Hurricane Katrina. A post-Katrina Google Maps satellite view shows houses with storm damage covered with blue tarps. A photo taken on December 25, 2005 shows a blue tarp covering the damaged roof at 208 Eleonore St which had been replaced before the Google Maps satellite image was taken. Another photo from circa 1979 shows 212 Eleonore in virtually the same exact condition it is in in 2009.
The following Housing Code violations have spanned four decades:
(d) Therefore, it is in the public interest of the citizens of the city to protect and promote decent, safe and sanitary residential buildings and dwelling units by the adoption and enforcement of the minimum housing standards of this article.
(e) The adoption and enforcement of this minimum housing standards code is hereby declared to be a necessary municipal governmental function in the interest of the health, safety and welfare of the people of the city.
(M.C.S., Ord. No. 21228, § 2, 9-4-03)
The purpose of this code is to protect the health, safety and welfare of the public insofar as they are affected by the occupancy and maintenance of structures and premises.
A person who violates a provision of this code or fails to comply with the requirements or fails to comply with a notice of violation or correction order is subject to prosecution in municipal court or by an administrative hearing officer. In municipal court the penalty is a maximum fine of $500.00, or a maximum of six months in jail, or both. In an administrative adjudication proceeding, the maximum fine is $500.00. Each day that a violation continues is deemed a separate offence.
Public nuisance. Any garage, shed, barn, house, building or structure shall be deemed to be a public nuisance if:
(a) By reasons of being dilapidated, decayed, unsafe or unsanitary it is detrimental to the health, morals, safety, public welfare, and the well being of the community, endangers life or property or is conducive to ill health, delinquency and crime; or
(b) It is a fire hazard; or
(c) By reason of the conditions which require its continued vacancy, it and its surrounding grounds are not reasonably or adequately maintained thereby causing deterioration and creating a blighting influence or condition on nearby properties and thereby depreciating the value, use and enjoyment to an extent that is harmful to the public health, welfare, morals, safety and the economic stability of the area, community, or neighborhood in which the public nuisance is located.
The code official and the department of safety and permits shall determine as a matter of fact whether or not a public nuisance is in imminent danger of collapse and constitutes a menace to public safety. If the determination is made that a public nuisance is in imminent danger of collapse and constitutes a menace, if located within the boundaries of the neighborhood conservation district, an independent third party structural engineer must inspect the structure and provide a report with a determination of whether the structure is in imminent danger of collapse or a risk to public safety. This shall not be necessary for those structures that have already collapsed. The report of the third party engineer shall be submitted to the department of safety and permits, and if that engineer deems any of those structures not to be in imminent danger of collapse or a risk to public safety, a demolition permit shall not be issued by the department of safety and permits, and the property shall be directed to neighborhood conservation district review committee for determination in accordance with the provisions of sections 26-3 through 26-12. All structures determined by this process to be in imminent danger of collapse shall be posted with notice of that determination, until the time of the demolition. After a determination that a structure is in imminent danger of collapse or a risk to public safety, then the code official is authorized to cause the demolition of the nuisance without previous notice to the owner, executor, administrator, agent, lessee, or any person who may have a vested or contingent interest in the public nuisance other than the required posting of the property.
(M.C.S., Ord. No. 21228, § 2, 9-4-03; Ord. No. 23327, § 2, 11-20-08)
All premises and exterior property shall be maintained free from weeds or grass in excess of 18 inches in height.
All exterior surfaces, including doors, door and window frames, cornices, porches, trim, balconies, decks and fences must be maintained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint must be eliminated and surfaces repainted. All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors, and skylights must be maintained weather resistant and water tight. All metal surfaces subject to rust or corrosion must be coated to inhibit rust and corrosion and all surfaces with rust or corrosion must be stabilized and coated to inhibit rust and corrosion.
Exterior walls must be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surfaced coated where required to prevent deterioration.
The roof and flashing must be sound, tight and not have defects that admit rain. Roof drainage must be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts must be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that drains onto adjacent property.
Stairways, steps, decks, porches and balconies, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads.
Handrails and guardrails must be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.
Doors, door assemblies and hardware shall be maintained in good condition. Locks at all entrances to dwelling units shall tightly secure the door.
Steps, stairs, ramps, landings, balconies, porches, decks or other walking surface shall be maintained in sound condition and good repair.
Every exterior and interior flight of stairs having three or more risers shall have a handrail on one side of the stairs and every open portion of a stair, landing, balcony, porch deck, ramp or other walking surface which is more than 30 inches above the floor or grade below shall have a guardrail. Handrails shall have minimum and a maximum heights of 34 inches and 38 inches respectively, measured vertically from the nosing of the treads. Guardrails shall not be less than 36 inches above the floor of the landing, balcony, porch, deck, or ramp or other walking surface.
All exterior property and premises, and the interior of every structure shall be free from any accumulation of rubbish or garbage.
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