Gut(ter) Politics

The New Orleans City Council has passed a law that sets August 29, 2006 for homeowners to gut their flooded houses.

The ordinance was introduced by Councilman Jay Batt, who said ravaged, mold-infested houses, especially if not boarded up, can become "environmental biohazards" that will slow the recovery of whole neighborhoods by discouraging nearby owners from moving back or making repairs.

The ordinance, approved 7-0, says "every owner of a dwelling or dwelling unit shall be responsible for mold remediation, cleaning, gutting and properly securing the premises of all properties" damaged by Hurricanes Katrina and Rita "in a manner so as to render the premises environmentally sound and not open to the public."

The owner "shall take appropriate measures to complete this work as soon as possible, but no later than Aug. 29, 2006," the measure says.

If an owner does not take action, the building will be declared a public nuisance "and shall be abated by repair, rehabilitation, demolition or removal," the ordinance says.

Some critics might think it unfair to place a deadline on people given the circumstances many are in. But gutting a house is not impossible for most people. Nor is it expensive. No skills are required. Just a few people willing to get dirty.

A provision in the law should quiet the critics:

Councilwoman Renee Gill Pratt said many homeowners want to return to New Orleans but have yet to receive insurance settlements or other needed aid. At her suggestion, Batt's ordinance was amended to provide a process for reviewing hardship cases.

Chief Deputy City Attorney Evelyn Pugh said that when a notice is sent out telling an owner that his property is being considered for designation as a public nuisance, information on the review process will be included.

The real purpose of this measure is to ensure that neighborhoods don't become large swaths of blighted property.

But then, what happens to the condemned property is another matter.

If an owner does not take action, the building will be declared a public nuisance "and shall be abated by repair, rehabilitation, demolition or removal," the ordinance says.

Well that answers that question, but what then?

• Who will repair the property and what becomes of the property once repaired?
• Who will rehabilitate the property and what becomes of the property once repaired?
• If demolished, what becomes of the land the property sits on?
• If removed, where will it be moved to?

I think the city council is making this process more complicated than it needs to be. There are already laws on the books that allows the city to confiscate blighted property and place it on the auction block. The new owner has a certain amount of time to rehabilitate their new property. The new law really only needs to place a deadline in which the old law comes into play.