[Ord. of 3-9-1967, § 1]
This article shall be known as the minimum housing standards
code for dwellings and multifamily dwellings and is referred to as
the housing code or this Code.
[Ord. of 3-9-1967, § 2]
A certain document, being the Boca Basic Housing Code, published
in 1964 by the Building Officials Conference of America, Inc., is
adopted as the housing code of the Town for establishing minimum standards
for basic equipment and facilities for light, ventilation, space,
heating and sanitation; for safety from fire; for space use and location;
for safe and sanitary maintenance; for cooking equipment in all dwellings
and multifamily dwellings.
[Ord. of 3-9-1967, § 10]
The enforcing officer for this article may make such rules and
regulations as may be consistent with the proper enforcement of any
ordinance enacted under the provisions of G.L. 1956, § 45-24.2-1
et seq.
[Ord. of 3-9-1967, § 12]
(a)
A housing board of review is created.
(b)
The board shall consist of five members to be appointed by the Town
Council. The board shall have all the powers and be subject to all
the duties provided for housing boards of review by G.L. 1956, § 45-24.2-5.
(c)
All proceedings of the board shall be held and appeals to the board,
as well as appeals from its decisions, shall be taken in accordance
with the provisions of G.L. 1956, § 45-24.2.
[Ord. of 3-9-1967, § 11]
[Ord. of 3-9-1967, § 3]
Any person having any duty to perform under the provisions of
this article or any ordinance, rule or regulation adopted pursuant
to the authority of this article may enter the dwelling and dwelling
premises at all reasonable times for the purpose of examination, inspection
and survey. If entry is denied or resisted, an order to examine, inspect
and survey may be obtained from a court of competent jurisdiction
as provided for in G.L. 1956, § 45-24.2-8.
[Ord. of 3-9-1967, § 4]
Under this article, the enforcing officer may order the repair,
alteration or improvement of a dwelling or dwelling premises by the
owner or other person responsible for such repair, alteration or improvement
under the provisions of this article or any ordinance, rule and regulation
adopted pursuant to this article.
[Ord. of 3-9-1967, § 5]
The enforcing officer may declare any dwelling or dwelling premises
unfit for human habitation if he finds that conditions exist in such
dwelling which are a serious hazard or immediate peril to the health,
safety or welfare of the occupants thereof, the occupants of neighboring
dwellings or the general public.
[Ord. of 3-9-1967, § 6]
Whenever any dwelling or dwelling premises is found by the enforcing
officer to be unfit for human habitation because of defects which
constitute a serious hazard of immediate peril to the health, safety
or welfare of the occupants of the dwelling or the public, the enforcing
officer may:
(1)
Order such dwelling or dwelling premises to be vacated and secured
until such time as he determines that the dwelling is again fit for
human habitation.
(2)
Order the removal or demolition of a dwelling whenever the repair,
alteration or improvement of the dwelling cannot be made at a cost
reasonably related to the value of the dwelling; provided, however,
that the owner of such dwelling may at his discretion, repair, alter
or improve the dwelling, regardless of the cost, within a time period
specified in the order.
(3)
Repair, alter or improve or cause to be vacated and secured, or both,
such dwelling or dwelling premises at the expense of the owner or
other responsible person, whenever the owner or other responsible
person fails to comply with an order to repair, alter or improve or
to vacate and secure the dwelling, provided the cost of such repair,
alteration or improvement is reasonably related to the value of the
dwelling or dwelling premises.
[Ord. of 3-9-1967, §§ 7,
8]
(a)
Whenever the owner fails to comply with any order as provided in § 18-57(1) and (2), the cost incurred by the enforcing officer or any person doing work or furnishing materials by his order under the provisions of § 18-57(3) and (4) shall be a lien against the real property, and such lien shall be enforced in the same manner provided or authorized by law for enforcement of common law liens on personal property. Such lien shall be recorded.
(b)
If the dwelling is removed or demolished by the enforcing officer,
he may sell the materials of such dwelling. The net cost of demolition
and removal shall be charged to the owner, and, if any balance remains,
it shall be credited to the owner.
(c)
Any notice and order may be recorded in the same manner as the recording
of lis pendens notices.
[Ord. of 3-9-1967, § 9]
The owner of any dwelling which has been found by the enforcing officer to be unfit for human habitation in accordance with the provisions of § 18-56 shall not sell, transfer, mortgage, lease or otherwise dispose of the dwelling until the conditions causing the dwelling to be unfit for human habitation have been corrected or until such owner has furnished the intended grantee, mortgagee or lessee a true copy of the order and has notified the enforcing officer in writing of his intent to transfer, sell, mortgage, lease or otherwise dispose of such dwelling. A transferee, mortgagee or lessee who has received actual notice or constructive notice shall be bound by such order on the date of such transfer, mortgage or lease without service of further notice upon him by the enforcing officer.[1]
[1]
Editor's Note: Former Article III, Low or Moderate Income
Housing, was repealed 3-16-2022 by Ord. No. 22-02.
