Statement from Justin Warren regarding the December 12, 2013 City of New Orleans Code Enforcement and Hearings Bureau.
A couple weeks ago, my mother called to tell me that NOLA code enforcement had sent her a notice of blight violations and had a hearing scheduled for the 12th of December, 2013.
Admittedly, the place had fallen into disrepair since my father’s passing. There were a lot of legal issues to deal with after his passing like a fraudulent mortgage put on the house by the person who sold it to him. The will Justin’s father left was handwritten and not notarized. The lawyer he chose before passing was the lawyer of the guy who had taken the fraudulent mortgage and was the lawyer that handled the sale of the house. My father wasn’t great at choosing allies. Suffice it to say, this lawyer turned out to be problematic too.
So with all these questions hanging in the air, the fate of the property was uncertain, which resulted in the reluctance to put too much time into maintenance. Not an excuse, I should have put more time into it, but I was hoping some other members of my family would step up and share some of the responsibility.
Upon hearing about the hearing, I figured it was time to “shit or get off the pot,” so I began fixing the place up, weeding, repairing the fence, repairing the siding, scraping, sanding, and doing some minor structural repairs. I only had a few days to work on it between when I learned about the hearing and the date of the hearing. I do have a job and can’t just drop everything.
So I go to the hearing with the expectation that everything will be fine. The grievances weren’t big. I had proof that I had been working on the place (before and after photographs) I had the skills, no problem, right?
When I first walked in, I was made to sign in, then directed to a waiting room with a host of other people, about a dozen or so. Bless their hearts. I am 35 years old; the next youngest person in the room had to be pushing 60. There were a few canes. The other people were in good spirits but only because they were sweet people. One man walked in and asked, “How is everybody?” So this one person replied, “We’re in here, what do you think?” The first man turned aorund, walked back out and then re-entered. This time, he exclaimed, “I am blessed and I hope you are all blessed too!”We laughed our asses off.
So I waited about 20 to 30 minutes and was then called by the address of property in question. They never even said my name. I went to the next room where two women sat at desks. It was really fast; I tried to explain what my family had been going through and that I had started working on the property. They acknowledged that I had been working on it but didn’t care about anything else to the point that they would just cut me off in mid-sentence. ALL BUSINESS!
At this point, they rapid fired a bunch of legalese at me of which I could only make out bits and pieces. I was then ushered back to the waiting room where I was to wait for the printed copy of my verdict.
Upon receiving the written verdict, I was able to scrutinize the rapid fire legalese that I had been barraged with earlier. It seems I now owe $575 to the City of New Orleans. This amount is due in 30 days. Within these same 30 days, I have to clear all debris, weeds, and paint the house. The house needs repairs also, in lieu of paint. That’s not in the verdict but that’s the reality of the situation. This isn’t possible in 30 days. In my professional experience, I know that it can sometimes take months just to get a permit for these exterior repairs, never mind the fact that if I worked on the house every day for 30 days, I might just pull it off. However, if I can’t work at my job as a carpenter then I can’t pay the fines or pay for the material I need. I’m going to need to rent a dumpster to dispose of debris.
If I don’t comply fully within 30 days, a fine of $200 a day will be place on the property until it is deemed “move-in-ready” meaning I would have to renovate the entire property even though it hasn’t been deemed uninhabitable. It hasn’t even been deemed blighted, just a public nuisance.
I will fight till hell freezes over, and then I will fight on the ice. They will have a new appreciation for the term public nuisance if they take my mother’s house.
These are my thoughts so far. I'm still researching the New Orleans blight laws (~ @small_affair/TaraJill).
This property was flooded with about 4-5 feet of water during Hurricane Katrina. If you drive up Banks Street in New Orleans, you might notice the street sign for Cortez looks slightly different from standard City-issued street signs. Only upon a closer look, will you notice the hand-painted sign that marks Cortez where it intersects with Banks Street. That’s because after Hurricane Katrina, when the street sign that disappeared in the storm was not replaced by the City of New Orleans, Justin’s uncle fashioned one out of wood. In the weeks (and months) after Hurricane Katrina, devastation often rendered it impossible to even recognize once-familiar streets. Justin's father Dave Warren owned property on 422 S. Cortez Street. When Dave Warren passed away, the property was left to his legal wife and his successors, assigns, and heirs, which include Justin Warren, my fiance, who is the executor of his father's will.
Justin’s mother lives in that house, and Justin has been helping her with property taxes and other legal matters related to the house itself since his father's death in September of 2010.
Soon after November 18, 2013 (when the letter is dated), Justin’s mother received notice that David Warren and his Successors and Heirs and Assigns Owner(s) of 422 Cortez Street stood accused of violating three sections of the Code of the City of New Orleans. This was based on an inspection that allegedly took place on November 13, 2013. Justin was unaware that any such inspection took place, and his mother also seems to have no knowledge of this inspection. *NOTE: I have to ask her and others on the block about this "inspection."
The notice instructed them to appear at a blight hearing on Nov 18, 2013 for the following violations:
CCNO 26-160a Weeds and Plant Growth
All premises and exterior property shall be maintained free from weeds or plant growth in
excess of eighteen (18) inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and,vegetation; other than,trees or shrubs. Said 'term shall not include cultivated flowers and gardens.
CCNO 26-161a Rodent Harborage
(a All structures-and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by approved processes which will not be injurious to human health. After extermination, proper precautions shall be taken, to eliminate rodent harborage and prevent re-infestation.
CNO 26-167b Paint or Protective Treatment:
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 shall be eliminated and surfaces repainted.
On that same day she received the Notice of Hearing from the City of New Orleans, Justin’s mother also received a letter in the mail from Horizon One Services blight Removal New Construction (dated Nov 22, 2013).
Justin Warren is a master-carpenter and began working to address the issues listed as violations. He's been taking time away from his paying job as a carpenter to repair this house and attended the hearing on December 12, 2013 with "before" and "after" pictures of the work he had done.
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| BEFORE |
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| AFTER |
At the hearing, the property was not deemed blighted. It was deemed a PUBLIC NUISANCE by the City of New Orleans. At the hearing, the heir (Justin Warren) asked if he could have more time than 30 days to comply with all demands of the City of New Orleans and was told no.
Justin now has to to shell out 1000s of dollars to comply in 30 days or lose the property. A master carpenter, Justin says, “If I had 90 days to comply I could do it. 60 days would be pushing it, but 30 DAYS IS JUST IMPOSSIBLE. You can’t even get a permit in 30 days. They are taking peoples homes, just taking them, its not blighted but 30 days still isn't enough time to meet all demands."
The City of New Orleans has ordered Justin to fix the violations and remit $575.00 within 30 days. Their notice states that "Failure to pay fine will result in lien and recordation fee of $80 will be added for total of $ 665."
If he does not make these repairs in thirty days, a daily fine of $200.00 will be assessed against property for 30 days or until the violations are corrected.
Justin is confident he fix this property but needs more time it will be impossible to do so if charged $200 a day in fines after 30 days. His mother receives $900 a month in Survivor’s Benefits from her first husband.
There is no feasible way that Justin can take off work for a month and pay for dumpsters/materials & meet 30 day deadline. Justin and I do not live at the property; we live in an apartment that we rent, and we pay bills here. I'm a adjunct English teacher and Justin is a carpenter.
Justin said there was a room full of people suffering the same fate at the hearing. He said he assumed not all people will loose their property but some people had already complied and were being called back for more charges
Justin says there is a shortage of properties on the market in certain areas of NOLA. Developers have been buying properties up like crazy there is a shortage of properties and some areas are becoming “hot spots. His mother’s house, Justin says, is in one of those hot-spots.
It appears blight laws could be misused to make people pay the City of NOLA outrageous amounts of money.
We are going to make a needs assessments list and ask the community for help making these repairs.
People should not be threatened with homelessness because the City declares their home a public nuisance! We are reaching out to others in the community and looking for legal assistance.
Justin is accepting donations using WePay here: Fight City of New Orleans Outrageous Blight Laws
We’ve also started a Facebook Event:
Help Justin from Occupy The Stage Save His Family’s Home that’s on the
public Occupy the Stage Facebook page. Local people can co-ordinate
about helping with "Boots-On-The-Ground" volunteers.
We have less than 30 days. Here is what the city
laws say about what happens after the hearing, which he already attended
on December 12.
Post-Judgment Actions from http://nola.gov/code-enforcement/fighting-blight/
If
a guilty judgment is recorded and a lien is placed on the property,
Code Enforcement evaluates the property through an administrative review
process to determine the best approach to remove the hazardous
conditions of public nuisance and blight. The City has three paths for
abatement, and a single property may undergo more than one of these
processes over time.
The three paths:
1. Lot Clearing / Abatement - probably not because there is a property there, it’s not just grass.
2.
Sheriff’s Sale / Lien Foreclosure - Properties approved for lien
foreclosure will have writs filed with the Civil District Court and will
be subsequently turned over to the sheriff’s office to be sold at
auction. Sale proceeds will first pay off liens, taxes, and sale costs
and any other recorded liens to a third party. Remaining funds, if any
will go to the original property owner(s). The City’s larger goal in
this process is to transfer blighted properties to new owners who will
make repairs and abide by the City code.
3. Demolition - Blighted
properties may be selected by Code Enforcement for demolition. Once a
building is demolished, if the remaining lot remains in a blighted
condition it may be sold at sheriff’s sale and/or could be maintained
through the lot clearing program.
Here is where the Sheriff’s Sale properties go: http://www.civilsheriff.com/RealEstateSales.asp
They go to banksters.
The house was not declared BLIGHTED at the hearing on December 12.
However, the letter from the hearing says In accordance with the hearing officer declaring this property blighted and/or
a public nuisance, the City of New Orleans may exercise any and all
legal remedies including but not limited to expropriation, lien
foreclosure and demolition, at your expense with interest, without
further notice, subject to your thirty (30) days right to appeal.
When
we were tweeting about this on Thursday, local writers for The Lens
NOLA, our awesome investigative journalist source, took notice. Charles
Maldonado asked me if we knew about a Blight Hearing that had taken
place in 2009. He tweeted that “The city’s database claims the house was
subject to some blight violations dating back to ‘09. Were the owners
aware?”
Justin and his mother were not aware, which makes sense
because Justin’s father was alive then. Since his father is deceased, we
are unable to ask him if he was aware of anything that happened in 2009
.
Charles Maldonado
said it was an honest question because “Sometimes the owners are
seemingly never made aware of pending blight violations until it’s too
late.” He then tweeted me this story Family’s long journey home after Katrina ends when city bulldozes house about a woman whose “home fell to the zealousness of the Landrieu administration’s commitment to eradicate 10,000 blighted structures, an instance of the government’s right hand not knowing what the left hand was doing.”
