[Ord. No. 04-10, § 1, 6-2-2004; Ord. No. 11-14, § 1, 11-2-2011; amended 10-1-2014 by Ord. No. 14-19A]
(a)
The Town Council of the Town of Cumberland does hereby find that
it is necessary to provide for the abatement of conditions which are
offensive or annoying to the senses, detrimental to property values
and community appearance, an obstruction to or interference with the
comfortable enjoyment of adjacent property or premises, or hazardous
or injurious to the health, safety or welfare of the general public
in such ways to constitute a public nuisance; and to provide standards
to safeguard life, health and public welfare in keeping with the character
of the Town by allowing for the maintenance of property or premises
for each of the following purposes:
(1)
To safeguard the health, safety and welfare of the people by
maintaining property or premises in good and appropriate condition;
(2)
To promote a sound and attractive community appearance; and
(3)
To enhance the economic value of the community, and each area
in it, through the regulation of the maintenance of property or premises.
(b)
Accordingly, the Town Council finds and declares that the purpose
of this division is to:
(1)
Reduce the threat to health, safety, welfare, appearance and
economic value due to the decline in property condition(s) by lawfully
delineating the circumstances under which such condition(s) may be
considered illegal and/or abated; and
(2)
Further finds that abatement of such condition(s) is in the
best interest of the health, safety and welfare of the residents of
the Town because maximum use and enjoyment of property or premises
in proximity to one another depends upon maintenance of those properties
or premises at or above the minimum standard.
The following words, terms and phrases, when used in this division,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Any household equipment, which may include but not be limited
to refrigerators, stoves, washers, dryers, sinks, toilets, or lawn
mowers.
The Director of Zoning and Code Enforcement or his or her
designee and any police officer of the Town of Cumberland.
Any unauthorized painting or writing of any inscriptions,
initials, or drawings, regardless of content, which has been applied
to any public or private property.
The Town Building Official/Minimum Housing Official; Code
Enforcement Officer or any other person or department authorized by
state law or Town ordinance to conduct investigations of private property
for the Town of Cumberland.
Any condition or use of the premises which is injurious to
health, indecent, or unreasonably offensive to the senses, or an obstruction
to free use of property so as essentially to interfere unreasonably
with the comfortable enjoyment of life; any condition or use of premises
or of building exteriors which is detrimental to the property of others
or which causes or tends to cause substantial diminution in value
of other property in the neighborhood in which such premises are located;
or a building that is a menace to the public health, welfare, or safety
by reason of inadequate maintenance, dilapidation, obsolescence or
abandonment or that is structurally unsafe, unsanitary or not provided
with adequate safe egress or that constitutes a fire hazard.
Any street, sidewalk, boulevard, alley or other public way
and including but not limited to any public park, square, space, grounds
or building.
The individual(s) responsible for abating nuisances pursuant
to this division. Any person, whether as owner, agent, or occupant,
who creates, aids in creating, or contributes to a nuisance, or who
supports, continues, or retains a nuisance is responsible for the
nuisance and is therefore a responsible person pursuant to this division.
Every successive owner or tenant of a property or premises who fails
to abate a continuing nuisance upon or in the use of such property
or premises caused by a former owner or tenant is responsible therefor
in the same manner as the one who first created it.
No person shall store on residential property certain materials
out in the open. These materials include but are not limited to dead
trees, tires, glass, building materials, appliances, either abandoned
or otherwise, auto parts, junked furniture, wreckage, salvage materials,
and any other object, article, or material reasonably deemed offensive
or objectionable by a duly authorized enforcement officer.
Boats, campers or any other recreational vehicles stored on
residential property must be stored no closer to the property lot
line than the current setback requirement as defined by the Cumberland
Zoning Division for that specific property. Also, any such vehicle
must be registered to the address at which it is stored.
No person shall abandon, dump or discard an appliance upon either
public or private property. Retaining such items in an open or visible
manner shall be considered a violation of this division.
No trash, garbage, or refuse container, whether stored on private
property or having been placed curbside for municipal pick up, shall
be allowed to overflow the confines of the vessel. All aforementioned
waste must be confined within a vessel.
No person shall allow the property for which he or she is the
responsible person to be or become dilapidated by reason of inadequate
maintenance, as further defined herein, which may cause substantial
diminution in value of other property in the neighborhood in which
such premises are located.
(1)
Generally. All exterior property, including yards, ground covers,
trees, shrubs or other landscaping, and any exterior surfaces of any
building or structures, including but not limited to fences, walls,
or roofs, or appurtenances, including but not limited to windows,
window frames, window screens, doors, door frames, canopies, awnings,
porches, railings, siding, shingles, or those of any out buildings
or similar items shall be properly maintained in a neat and well-kept
manner and shall not otherwise be or become dilapidated by reason
of inadequate maintenance, as further defined herein, which may cause
substantial diminution in value of other property in the neighborhood
in which such premises are located.
(2)
Maintenance of buildings, structures. Maintenance of buildings, structures,
or others as enumerated herein shall not be allowed to deteriorate,
or be left in a state of disrepair so as to be decaying, containing
dry rot, have missing doors or windows, peeling paint, or any other
disrepair so as to render the structure unsightly.
(3)
Grass and weeds. Grass and weeds shall be maintained at a reasonable
height as maintained by adjacent neighbors and not taller than six
inches. Empty residential and industrial lots can be no taller than
12 inches in height.
(4)
Graffiti. Any property damaged due to graffiti, as defined herein,
which may cause substantial diminution in value of other property
in the neighborhood in which such premises are located, shall be considered
a public nuisance and be subject of this division.
No person shall store any private or commercial dumpsters on
public property or in a public right-of-way without permission of
the Cumberland Police Department or Cumberland Director of Zoning
and Code Enforcement, who must provide said permission for a specified
period of time.
No person may dump materials, including leaves, tree limbs or
grass clippings on public property.
No person shall burn any material deemed to be harmful to public
health or offensive in odor or noxious, unless duly licensed to do
so under appropriate division or law.
(a)
Pursuant to R.I.G.L. § 23-19.2-7, designated enforcement
authorities as described herein may provide for the citation, and
abatement of any public nuisance.
Upon a finding by a duly authorized enforcement officer that
any property within the Town is in such condition as to be in violation
of the requirements of this division, he or she, or his or her agent
or designee, shall give notice thereof to the owner or owners, or
responsible person(s) of such property to comply with the requirements
of this division within 10 days after service of notice to correct.
Such notice shall contain a statement of the findings as to
violations, a description of the property condition thereof found
to be violating this division. Such notice may be given personally
or by certified mail, police officer or duly authorized enforcement
officer to the owner or owners, or responsible person(s) of the property
described as their names and addresses are shown upon the records
of the Tax Assessor of the Town, and service of such notice shall
be deemed complete and sufficient when so addressed and deposited
in the United States mail with postage prepaid and/or by posting a
certified copy on the premises, by advertising in one or more newspapers,
or by issuing a citation.
Any failure to correct deficiencies as outlined in a notice of violation under § 14-96 above shall require a hearing before the Cumberland Municipal Court. Notice of said hearing shall be effectuated by in-hand service of process by police officer or duly authorized enforcement officer and/or in accordance with the rules of procedure in the State of Rhode Island District Court, or analogous rules of procedure adopted by the municipal court.
After due notice to the responsible person(s), a hearing shall
be held at the Cumberland Municipal Court. Failure of the responsible
person to appear shall constitute a default and penalty shall be imposed
in accordance with this division; and after a hearing thereon the
court shall either find a violation and impose sanctions or the court
shall find no violation.
Any person owning all or any interest in said property or having been deemed the responsible person(s) as defined herein shall have the right to appeal the findings of violation within seven days of service of the notice thereof to the Municipal Court. Appeals from any decision of the Municipal Court under § 14-99 herein may be appealed to the Superior Court within seven days under § 11-15 of the Town Cumberland Code of Ordinances.
Upon conviction, violators of this division shall be fined no
less than $50 per day and no more than $500 per day, discretion over
which shall be maintained by the Municipal Court Judge, with each
consecutive day to be issued as a separate violation.
Upon failure of the owner or owners or responsible person(s) of such premises to remedy the conditions existing in violation of the requirements hereof within 10 days after service of notice to do so as provided herein, then the Director of Zoning and Code Enforcement, or his or her agent or designee, may proceed to have such conditions remedied either by the Town of Cumberland or through a private contractor so retained by said Town. Said owner or owners shall then be cited to appear before the Cumberland Municipal Court where, upon conviction, said owner or owners shall be fined in accordance with § 14-100.4 hereof and shall be required to pay the costs of abatement of said nuisance(s) incurred by the Town of Cumberland. Abatement costs incurred shall become a lien against such property to the same extent and character as the lien for real estate taxes and with the same penalty and interest and with the same rights of collection, foreclosure sale and forfeiture as obtained for tax liens, unless said costs are paid to the Cumberland Municipal Court in accordance with § 14-100.4 hereof. The Director of Zoning and Code Enforcement may issue a notice of violation setting forth the details of the violation(s) cited, to be recorded in the land evidence records of the Town of Cumberland in such form as the Director of Zoning and Enforcement may prescribe.
Upon completion of the required work by the Town as provided in sections hereof, notice thereof and of the cost assessed therefor shall be given to the owner in the same manner as prescribed for notice of violations in § 14-100.1 of this division, and the sum assessed shall be due and payable within 30 days after such completion and cost, as ordered by the Municipal Court.
Upon the making of a finding of violation, the Director of Zoning
and Code Enforcement or his or her agent or designee shall deliver
a certified copy thereof and of the notice to the Town Clerk; and
the Town Clerk shall place the same on record as a lien against the
property described therein. It shall also be the duty of the Director
of Zoning and Code Enforcement to file such other and further certification
as to work done and amounts due or paid as the circumstances may require.
(a)
Any violation of the requirements described herein shall be
deemed a public nuisance and subject to the procedures and penalties
prescribed herein.
(b)
Once a determination has been made by the investigative body as defined in § 14-86 of this division that a property in the Town of Cumberland has been classified as a nuisance property, the owner of said property shall again be cited for the violation and required to pay a nuisance investigation fee of $200 to the Town of Cumberland Zoning Officer for each subsequent investigation within 12 months from the date of classification as a nuisance property.
