In accordance with the express enabling authority
granted by the General Assembly in R.I.G.L.A. § 44-5.1 there
is hereby established in the City of Pawtucket a real estate nonutilization
tax.
As used in this article, the following terms
shall have the meanings indicated:
ABUTTER
A neighbor whose property touches the property in question
ACTIVELY MARKETED
Good-faith efforts by the owner of the property to obtain
one or more occupants of the property. These good-faith efforts may
include, without limitation, one or more of the following: making
substantial financial expenditures in comparison with the value of
the property; or listing the property for sale or lease, or both,
with one or more real estate brokers, for a price and on terms. or
for a rental that is realistic considering the fair market or fair
market rental value of the property; or advertising, using one or
more signs on the property and at least one other medium, the availability
of the property for sale or rental for a price and on terms, or at
a rental that is realistic considering the fair market value or fair
rental value of the property. Sporadic attempts to sell or lease the
property during the privilege year may be viewed as not constituting
a good-faith marketing effort.
CONTINUOUSLY UNOCCUPIED
Any property which is listed during the entire privilege
year as vacant in the records of the Department of Zoning and Code
Enforcement.
DEVELOPMENT PLAN
A plan to rehabilitate a vacant and abandoned property within
a set time frame for a use in conformance with the City or town's
comprehensive plan.
NONPROFIT HOUSING ORGANIZATION
Any organization exempt from taxation pursuant to § 501(c)(3)
of the Internal Revenue Code [26 U.S.C. § 501(c)(3)] whose
exempt purposes include the provision of affordable housing to low-
and moderate-income households.
PRIVILEGE YEAR
The twelve-month period corresponding to the calendar year.
REVIEWING ENTITY
The municipal entity designated by the City pursuant to § 44-5.1-3.
which shall be the Department of Zoning and Code Enforcement.
VACANT and ABANDONED PROPERTY any property which is
A.
Is a building that has remained continuously
unoccupied during the privilege year or a lot. with no existing structure
that is littered with trash and obviously abandoned;
B.
In the case of property containing one or more
buildings used in whole or in part for one or more dwelling units
immediately prior to the time the property became vacant, has been
under continuous designation as vacant by a Department of Zoning and
Code Enforcement during the privilege year; or
C.
In the case of property containing one or more
buildings, none of which were used in whole or in part for one or
more dwelling units immediately prior to the time the property became
vacant, has been under continuous citation by the Department of Zoning
and Code Enforcement for violation of minimum housing code provisions
relating to the health or safety of citizens during the privilege
year.