The owner or occupant of any land upon which there is any poison ivy, or any Jamestown or Jimson weed, within fifty (50) feet of any highway or street, shall cause such ivy or weed to be removed within five days after receiving notice so to do from the director of public works.
(Prior code § 11-19)
Purpose and Intent. The council and the administration of the city finds and declares that:
A. 
The city has a history and reputation for well-kept properties, and that the property values and the general welfare of this community are founded, in part, upon the appearance and maintenance of properties.
B. 
There now appears the need for further emphasis on the maintenance of public and private property in a clean, litter-free and debris-free condition because locations throughout the city have been found to have been the site of littering, illegal dumping and accumulated garbage, refuse and rubbish.
C. 
That the existence of such conditions is injurious and inimical to the public health, safety and welfare of the residents of this city and contributes substantially and increasingly to the problems of the necessity for expenditure for protection against hazards and diminution of property values, and the preservation of the public health, safety and welfare and that such problems are becoming increasingly direct and substantial in significance; and that the uses and abuses of property as described herein reasonable relate to the proper exercise of the inspection power in the protection of health, safety and welfare of the public.
D. 
That unless corrective measures are taken to alleviate such existing conditions and particularly to avoid future problems in this regard, the public health, safety and general welfare and specifically the property values and social and economic standards of this community will be depreciated; that the elimination of such conditions will enhance the appearance and value of such properties rather than be a burden on the owners thereof; and that elimination of such conditions will also appreciate the values and appearance of neighboring properties and benefit the use and enjoyment of properties in the general area and will improve the general welfare and image of the city.
(Prior code § 11-23)
It shall be the duty of any person owning or controlling a house or other building or premises, including vacant lots visible from any public place or private premises, in a reasonably clean and orderly manner and to a standard conforming to other orderly premises in that vicinity. It shall be a violation of this section to abandon, neglect or disregard the condition or appearance of any premises so as to permit it to accumulate litter, refuse, rubbish and/or trash thereon.
(Prior code § 11-24)
A. 
Notice of violation of any provision of this section shall be given by the department of building inspections in the following manner:
1. 
A dated notice shall be prominently posted on the cited property, and a copy of said notice shall be sent regular mail, postage prepaid to the last known address on record with the city for property owner or personal service. In all cases the date of posting shall be the effective date of notice.
2. 
Nonresident Owners. The notice shall be sent to the recorded agent for service of process as required by RIGL 34-18-22.3. If no agent for service of process has been recorded, notice shall be mailed to the owner's last known address. For all other legal entities, notice shall be sent to the agent for service on record with the RI Secretary of State or as designated by the appropriate regulatory agency. For out of state financial institutions and banks, notice shall be served on the director of the department of business regulations pursuant to division of bank regulations.
B. 
In addition to notice of environmental violations and resulting penalties as set forth in this section; said owner shall be fined five hundred dollars ($500.00) and given thirty (30) days within to comply with RIGL 34-18-22.3.
C. 
Once notice of an environmental violation, said owner shall have five business days from the date of posting within which to correct the violation. Failure to comply within that period shall immediately result in the city's entry upon the property to correct the violations and all costs incurred shall be the responsibility of the property owner.
D. 
Costs as Lien. A certified letter shall be sent to the owner or agent advising them of the costs incurred plus an additional twenty (20) percent service charge. All costs must be paid within thirty (30) days after notification. The costs and service charge shall become a lien against such property to the same extent and character as a real estate tax liens with penalty and interest and with the same right of collection and tax sale as apply to other tax liens or at the discretion of the director. The inspector of buildings shall certify the expenses to the city solicitor who shall record said lien with the recorder of deeds and institute appropriate action against the owner for the recovery of such expenses.
E. 
Recurring Violations. Violations of the same or similar nature shall not require additional notice to the property owner where the violation recurs within a three-month period provided that original notice advised the owner.
(Ord. 2015-1, § 1, 1/29/2015; Ord. 2016-13, § 1, 5/23/2016)
The owner or person in control of any public place, including but not limited to, restaurants, shopping centers, fast food outlets, stores, motels, industrial establishments, office buildings, apartment buildings, multi-unit developments, and gas stations, shall at all times keep the premises clean of all litter, refuse, rubbish and trash, and shall take measures to prevent the same from being carried by the elements to adjoining premises. It shall be a violation of this section to abandon, neglect or disregard the condition or appearance of such premises so as to permit it to accumulate litter, refuse, rubbish and/or trash.
(Prior code § 11-25)
There shall be a sufficient number of trash receptacles installed on-site for customer use. Any so-called dumpster or trash receptacle, including but not limited to, restaurants, shopping centers, fast food outlets, stores, motels, industrial establishments, office buildings, apartment buildings, multi-unit developments, and gas stations, shall be designed and constructed to be enclosed from public view by three sides and permit safe and easy removal of trash by truck or hand.
(Prior code § 11-26)
In no way shall a homeowner have a construction or temporary dumpster in a residential area in excess of thirty (30) days without the prior permission of the city of Cranston Inspections Department excluding permitted projects until conclusion. All others would require a permit. If said homeowner demonstrates a clear need for an extension in excess of the initial thirty (30) days, there would be a one-time renewal.
Failure to comply with either the initial notice to the city of Cranston Inspections Department or an unapproved extension of presence of said construction or temporary dumpster shall result in a fifty-dollar ($50.00) fine per week.
(Ord. 2017-32, § 1, 8/28/2017)
[1]
Editor's note: These provisions were originally enacted as § 8.28.050 but have been renumbered as § 8.28.055.
It shall be unlawful to maintain open refuse containers or receptacles or containers, which are inadequate for the volume of, refuse generated at the premises which the containers serve. It shall be the responsibility of the property owner and/or tenant, and/or person in responsible charge of the premises, to assure that containers are adequate and covered, and that the area surrounding the containers is kept free and clear of garbage, refuse, rubbish, trash and litter. It shall be unlawful for any owner and/or operator and/or tenant to allow such garbage or refuse containers or receptacles to be overloaded or the contents thereof to remain in unsecured containers. In the event the contents of such containers shall become blown or scattered upon any public street or way, or upon or over nearby premises, the owner and/or operator and/or tenant of the premises served by such container or receptacle shall be responsible for gathering up any such blown or scattered material.
(Prior code § 11-27)
The accumulation of garbage, litter, refuse, rubbish, trash and other deleterious substances on the premises of private residences, commercial institutions, and in the streets and alleys can cause contagious and epidemic diseases, causes diminution in value of other property in the city, developed or undeveloped, the owner shall maintain said property free from garbage, litter, refuse, rubbish and trash as the same are hereinabove defined.
(Prior code § 11-28)
No owner, operator or occupant of any building, structure, dwelling or dwelling premises, and no operator or owner of any motor vehicle herein described, shall keep, park, store, leave an inoperative wrecked, junked or dismantled motor vehicle of any kind or parts thereof on any premises within the city, except in connection with a legally operated enterprise. For the purpose of this section, the term "inoperative" shall mean any motor vehicle that is either unregistered or has no valid inspection sticker.
Nothing herein contained shall be construed to prohibit any person from maintaining or repairing his or her own motor vehicle on his or her own premises in a manner not otherwise prohibited by law.
(Prior code § 11-29)
A. 
The department of building inspection and/or department of public works shall make, or cause to be made, inspection trips at regular intervals to determine compliance with the provisions of this chapter. In the event a violation of these provisions are discovered, said department of building inspection and/or department of public works shall immediately take action to cite the owner and/or operator in accordance with Section 8.28.031(A).
B. 
For the purpose of this section, an offense shall be considered to have occurred on the first day for which a violation is cited, and the offender shall be subject to the penalty provisions hereinafter set forth in Sections 10.04.080 and 8.28.100 for that day and for each succeeding day on which the violation continues unabated.
(Prior code § 11-30; Ord. 2015-1, § 1, 1/29/2015; Ord. 2016-13, § 1, 5/23/2016)
A. 
The general penalties provided for by Sections 10.04.080 and 15.12.290 of this code shall apply to violations of this section and of Sections 15.12.290 and 8.28.100 or any regulations made thereunder, except that any person electing to appear before the clerk of court, or mailing the same in lieu of a personal appearance before the Cranston municipal court and admitting the violation charged, shall be punished by a fine as hereinafter respectively set forth:
Offense
Fine
Illegal dumping of mattresses and box spring mattresses
$500.00
Improper or early placement of household trash
$50.00
Improper storage of commercial trash
$50.00
Trash hauling without license
$100.00
Littering
$50.00
Depositing garbage in container of another
$50.00
Illegal dumping of over one cubic yard of litter
$200.00
Illegal dumping of heavy litter
$200.00
Violation of recycling ordinance
$50.00
Scavenging
$50.00
Violation of dumpster ordinance
$100.00
Improper maintenance of land
$50.00
Tall grass, etc.
 
Accumulation or mismanagement of trash, junk, etc.
 
Other
$50.00
B. 
In the event any of the foregoing stated fines are not paid or a plea of not guilty to the citation is not entered prior to the fourteenth (14th) day after date of violation, said fines shall be doubled.
C. 
In the event any of the foregoing stated fines are not paid or a plea of not guilty to the citation is not entered subsequent to the fourteenth (14th) day and prior to the twenty-eighth (28th) day after date of violation, said fines shall triple.
(Prior code § 11-31; Ord. 2008-45, § 1, 11/24/2008; Ord. 2016-19, § 1, 7/25/2016)
A person charged with the violation of any environmental regulation relating to this section and notified to appear to answer such charge before the Cranston municipal court may, in lieu of such appearance, elect to appear in person or by one duly authorized by him or her in writing, before the clerk of said court, admit the truth of said charge, and pay to said clerk the designated fine; provided that, such appearance and payment be made at the office of said clerk during regular business hours, within sixty (60) days of such notification, and failure to so appear shall be deemed a waiver of the right to dispose of such charge without personal appearance in court.
(Prior code § 11-31.1)
A. 
Any person charged with any violation of an environmental regulation, except as otherwise provided, may elect to mail said violation tag to the clerk of the Cranston municipal court, accompanied by payment of the designated fine, and the name and address of the violator. Such privilege of paying the fine by mail shall be exercised within sixty (60) days from the date of the offense by depositing the designated payment of such fine in a depository maintained by the United States Post Office Department for the collection mails and the postage cancellation shall be prima facie evidence of time of deposit.
B. 
In those cases where mail is used for payment of such fine, the payment may be in cash or by check or by money order, and in those cases where payment is attempted with a check drawn against insufficient funds, an additional payment of twenty dollars ($20.00) shall be imposed against the violator to defray administrative costs.
In those cases where payment is by cash, it shall be at the risk of the sender and the record of the clerk of the municipal court shall be conclusive as to the receipt and amount of the same.
(Prior code § 11-31.2)
The payment of a fine to the clerk of the municipal court as herein provided, for the violation of an environmental regulation relating to this section, shall operate as a final disposition of the charge and such proceedings shall not be deemed criminal.
(Prior code § 11-31.3)
Notice of any environmental violation relating to this section shall indicate the offense charged, schedule of fines for such violation, the time within which the privilege of paving such fine by mail may be exercised, the place to which such fine may be mailed, and such other information as will enable the person charged to take advantage of the provisions contained herein.
(Prior code § 11-31.4)
Notwithstanding anything herein contained, disposition of an environmental violation charge relating to this section without personal appearance in the municipal court may not be exercised by any person who in the consecutive period of twelve (12) months next preceding such charge has been three times in the aggregate adjudged guilty by the municipal court of any violation of any regulation relating to this section or has admitted the truth of charges made against him or her under the provisions thereof.
(Prior code § 11-31.5)
Any person charged with the violation of any environmental regulation relating to this section who fails to make payment within sixty days (60) days as required, may, in the discretion of any justice of the Cranston municipal court, be charged an additional sum of twenty-nine dollars ($29.00) to cover administrative costs which shall be payable to the clerk of said court.
(Prior code § 11-31.6)
Prohibition Against the Accumulation of Stagnant Water in Swimming Pools, Spas, Hot Tubs, Artificial Ponds, and Containers on Private Property.
A. 
Purpose. The city council finds that the accumulation of stagnant water in swimming pools, spas, hot tubs, artificial ponds and other man-made containers and objects on private property constitutes a health hazard since such accumulations of stagnant water serve as breeding grounds for mosquitoes which have been found to serve as conduits for serious and possibly fatal diseases such as Eastern Equine Encephalitis (EEE) and the West Nile Virus. The city council further finds that in the interest of the health, safety and welfare of the citizens of the city of Cranston that accumulations of stagnant water in swimming pools, spas, hot tubs, artificial ponds and other man-made containers and objects on private property be declared a public nuisance and that the department of building inspection be empowered to issue citations for violations of this article, punishable by fines and/or action in municipal court, and that the city be empowered to abate said nuisance if not abated by the owner or occupier of land on which it exists.
B. 
Definitions.
"Artificial pond"
means any body of water, which is located or placed on private property as a result of human labor or means and shall include any excavation, trench, hole, or manmade object intended to serve as an artificial fish or garden pond. Any wetland or body of water designated as wetlands by either the Rhode Island Department of Environmental Management or the Rhode Island Coastal Resources Management Council is hereby exempted from the provisions of this article.
"Container"
means any man-made vessel which has the capability of retaining more than one inch of water, including, but not limited to, buckets, pails, tires and portable and/or storable swimming pools.
"Director"
means the director of the department of building inspection, or any person acting in said capacity.
"Hot tub"
means any man-made container designed to hold water in which one or more persons bathe or soak, and shall include spas and whirlpools.
"Private property"
means any parcel of real property located either partly or entirely within the city of Cranston which is owned, leased or occupied by any person, firm, corporation, trust, association or other entity other than the city of Cranston, or any of its departments or agencies, the state of Rhode Island, or any of its departments or agencies or of the United States, or any of its departments or agencies.
"Spa"
means any man-made container designed to hold water in which one or more persons bathe or soak, and shall include hot tubs and whirlpools.
"Stagnant water"
means any body of water, four inches of depth or more, in any swimming pool, spa, hot tub, artificial pond, or container, which is not fully enclosed in a building, house or other structure and which is neither moving by artificial or natural means, nor chemically treated nor filtered so as to prevent the growth of mosquito larvae. Rain barrels and other rain collection systems shall not be defined as stagnant if they have mosquito larvae control. Water utilized "for active agrarian purposes is also exempt from this section. Stagnant water as used in this article shall not include any body of water designated as wetlands by either the Rhode Island Department of Environment Management or the Rhode Island Coastal Resources Management Council.
"Swimming pool"
means any container or tank, whether constructed in ground or placed above ground, designed for one or more persons to swim.
C. 
Stagnant Water as a Public Nuisance; Violations. It is hereby declared by the city council that any accumulation of stagnant water in any swimming pool, spa, hot tub, artificial pond or other man-made container, which is not fully enclosed in a building, house or other structure, for more than seven consecutive days is a public nuisance and a public health hazard. It shall be unlawful for the owner, lessee or occupier of any parcel of real property to cause or to allow to exist said public nuisance on any parcel of real property he or she owns, leases or occupies. Any person found in violation of this section shall be subject to a fine pursuant to Section 8.28.100 (Penalties for environmental violations) of the Cranston Code of Ordinances.
D. 
Notice of Violation. Upon a finding by the director, or his or her designee, that there exists stagnant water on a parcel of private property, a notice of violation shall be issued to the owner, lessee or occupant of the property by leaving same with any person of the age of majority in occupancy of said property, or if no person is available to receive notice, by posting same on any entry door to the primary structure which sites on said property, or if there is no structure, then by posting notice to any tree, pole or other object which sits upon said property. Notice shall also be mailed, by certified mail, return receipt requested, to the owner of record of said property according to the tax assessor's records. The notice shall contain the address of the property, notify the person receiving notice that the property is in violation of this article of the Code of Ordinances of the city of Cranston, describe generally, the nature of the violation and notify the recipient that he or she shall have five days from the date of the notice within which to abate the nuisance. The notice shall also provide that if the nuisance is not abated within five days of the mailing of the notice, then the department of building inspection may then forthwith proceed in the municipal court for imposition of fines and an order of abatement. The notice shall contain the date and time of the hearing, if any before the municipal court.
E. 
Order of Abatement. If, after the expiration of five days following the date of issuance of a notice of violation pursuant to this article, the nuisance remains unabated, then the director, or his or her designee may proceed for imposition of fines and an order of abatement to issue from the municipal court. A photograph or video recording of the body of stagnant water, together with evidence of the address of the property, the name and address of the property owner, lessee or occupier and that said nuisance remains unabated on the date of hearing before the municipal court shall constitute prima facie evidence of the existence of the unabated nuisance. Upon a finding by a judge of the municipal court that the nuisance remains unabated, then the court may impose a fine pursuant to Section 15.12.290 of the Cranston Code of Ordinances for each day that the nuisance has existed and may issue an order of abatement after notice and opportunity for hearing has been given to the owner of the parcel according to the tax assessor's records and to the occupier of the land. Said order of abatement shall allow the director, or his or her designee, to enter upon the property and take whatever steps are necessary to abate the nuisance including, but not limited to filling, draining, or removal of the body of stagnant water which is the subject of the order of abatement. The director is authorized to request assistance from other city departments or agencies in performing the work needed to abate the nuisance and to contract said work pursuant to municipal bidding requirements under state law, and the Charter and Ordinances of the city of Cranston. All costs incurred by the city in abating the nuisance shall be reimbursed by the owner, lessee, or occupier of the land.
F. 
Lien for Abatement Costs and Fines. Any unpaid fines imposed pursuant to this article and costs incurred by the city in abating a stagnant water nuisance pursuant to subsection (E) shall constitute a lien on the property, which shall be recorded in the land evidence records of the city of Cranston, and shall be discharged only upon payment of all fines and costs imposed pursuant to this section.
(Ord. 2015-20, § 1, 7/27/2015)