The director is empowered to make and to adopt such written rules and regulations as may be necessary for the proper enforcement of the provisions of this chapter to interpret and to secure the intent thereof. No such rules and regulations shall be in conflict with the provisions of this chapter or any other ordinances of the city or shall have the effect of waiving any provisions of this chapter. Such rules and regulations shall have the same force and effect as the provisions of this chapter, and the penalty for violation thereof shall have the same force and effect as the provisions of this chapter, and the penalty for violation thereof shall be the same as the penalty for violation of the provisions of this chapter, as provided for in this chapter. Such rules and regulations shall be submitted to the city council.
(Prior code § 14-15)
The director shall make an inspection to determine the condition of dwellings, dwelling units, rooming units and dwelling premises in order that he or she may perform his or her duty of safeguarding the health, safety and welfare of the occupants of dwellings and of the general public. For the purpose of making such inspections the director is authorized to examine and survey all dwellings, dwelling units, rooming units and dwelling premises.
(Prior code § 14-16)
The owner, operator or occupant of every dwelling, dwelling unit and rooming unit, or the person in charge thereof, shall give the director free access to such dwelling, dwelling unit or rooming unit and dwelling premises, between the hours of 8:00 a.m. to 5:00 p.m. for the purpose of such inspection, examination and survey. Every occupant of a dwelling, dwelling unit or rooming unit shall give the owner or operator thereof, or any person designated by the owner or operator, access to any part of such dwelling, dwelling unit or rooming unit or dwelling premises, for the purpose of examination and for making such repairs or alterations as are necessary to effect compliance with the provisions of this chapter or with any rule or regulation adopted pursuant thereto or with any notice of violation pursuant to the provisions of this chapter.
(Prior code § 14-17)
Whenever the director determines that there are reasonable grounds to believe that there is a violation of any provision of this chapter or of any rule or regulation adopted pursuant thereto, he or she shall give notice of such alleged violation to the person responsible therefor, as provided for in this section. Such notice shall be in writing, and shall specify the alleged violation and a reasonable time not to exceed sixty (60) days to correct it, and shall be served upon the owner, operator or the occupant, as the case may require. Such notice of violation shall be deemed to be properly served upon such owner, operator or occupant, if a copy thereof is served upon him or her personally; or, if a copy thereof is sent by registered mail or certified mail, return receipt requested, to the last-known address of such person; or, if a copy thereof is posted in a conspicuous place in or about the dwelling affected by the notice; or, if the responsible person is served with such notice by any other method now or hereafter authorized under the laws of this state. The notice of violation shall inform the person to whom it is directed of his or her right to apply for a hearing before the director, and the procedures by which application for such hearing can be made as provided in Section 15.12.220. Written entry of appearance or presence at such hearing shall fulfill the requirements for service of the notice of violation.
(Prior code § 14-18)
Any notice of violation as provided in Section 15.12.180 shall automatically become a compliance order if written request for a hearing is not filed in the office of the director within ten (10) days after the service of this notice. A copy of the compliance order shall be served in the manner provided in Section 15.12.180 and shall inform the person to whom it is directed of his or her right to appeal to the housing board of review, the procedure by which application for such appeal can be made as provided in Sections 15.12.470 to 15.12.630. Written entry of appearance or presence at a hearing, in connection with a notice of violation shall not fulfill the requirements for service of a compliance order.
(Prior code § 14-19)
Whenever the director, at any stage of any proceedings instituted under the provisions of this chapter, finds that there exists a violation of this chapter which in his or her opinion requires immediate action to abate a direct hazard, or immediate peril to the health, safety or welfare of the occupants of a dwelling or of the public, he or she may without prior notice of violation or hearing, issue an immediate compliance order reciting the existence of such violation and requiring that such action be taken as he or she deems necessary to alleviate the violation, which may include an order to vacate, as provided in Section 15.12.350. Notwithstanding the other provisions of this chapter, the immediate compliance order shall be effective immediately upon its service or in such time as the director shall, under the circumstances, deem reasonable, necessary and proper, and any person upon whom such an immediate compliance order is served shall comply therewith immediately or otherwise as such order may specify. Such person shall have the right to appeal to the housing board of review as provided in Sections 15.12.470 to 15.12.630 and such appeal shall be given priority and conducted as soon as possible and as provided for in Sections 15.12.470 to 15.12.630.
(Prior code § 14-20)
Whenever any violation of this chapter which in the opinion of the director causes a direct hazard or immediate peril to the health, safety or welfare of the occupants of a dwelling or of the public has not been corrected in the time specified by the immediate compliance order, he or she may, subject to the provisions of Section 15.12.510, take such direct action as is necessary to alleviate the violation causing the direct hazard or immediate peril. When certified by the director, the costs incurred in the execution of the immediate compliance order shall be paid out of the city treasury from funds made available for such purposes to the director. The owner, operator or occupant of the dwelling, dwelling unit, rooming unit or dwelling premises who is responsible for immediate compliance shall be served a notice stating the amount of the expenses incurred by the director in executing the immediate compliance order. Such notice shall be served in the manner provided in Section 15.12.180. These expenses shall be paid for by the responsible person on whom the notice is served and unless the expenses are paid within thirty (30) days after such notice is served, the repair costs incurred by the city together with a service charge of ten (10) percent 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 director shall certify the expenses to the city solicitor who shall institute appropriate action against such person for the recovery of such expenses. In every case, certified expenses shall be the costs necessary to perform the required work as expeditiously as possible, together with a ten (10) percent service charge in addition thereto.
(Prior code § 14-21; Ord. 2008-34, § 1, 9/22/2008)
Any person affected by any notice of violation which has been issued in connection with the enforcement of any provision of this chapter or any rule or regulation adopted pursuant thereto may request and shall be granted a hearing before the director after such person shall file in the office of the director a written request for such hearing, setting forth a brief statement of the grounds therefor, designating the person and his or her address upon whom any notices and orders may have been served, and why such endorsement or compliance should not be effected. If this request is flied within ten (10) days after the service of the notice of violation, compliance with the notice shall not be required while the hearing is pending. On receipt of such request, the director shall set a time and place for such hearing, and shall give the applicant at least five days' written notice thereof. At such hearing the applicant shall be given an opportunity to show cause why such notice of violation should be modified or withdrawn.
(Prior code § 14-22)
After a hearing held in accordance with the provisions of Section 15.12.220 and on consideration of the evidence presented, the director shall sustain, modify or withdraw the notice. If the director, by his or her decision, sustains or modifies the notice, such decision shall be deemed a compliance order. Compliance orders shall be served on the person whom the director shall find to be responsible for the violation and in the manner provided by Section 15.12.190.
(Prior code § 14-23)
The director shall keep a record of the hearing which shall include a copy of the notice of violation, the request for hearing, entries of appearance, findings of fact, if any, the decision of the director and a copy of any compliance order issued in connection therewith, and such records shall be maintained as a public record.
(Prior code § 14-24)
At the end of the period of time allowed for the correction of any violation alleged, the enforcing officer shall reinspect the dwelling, dwelling unit, rooming unit or structure described in the notice. If upon reinspection the violations alleged are determined by the enforcing officer not to have been corrected he or she shall issue a second notice of violation which shall constitute an order requiring that the then existing failures to meet the requirements of this chapter or of applicable existing rules or regulations issued pursuant thereto, shall be corrected within a reasonable time allowed, but not to exceed sixty (60) days after the date of such reinspection, if the person served with such notice does not petition for a hearing in the manner hereinafter provided.
(Prior code § 14-25)
Any owner of a building or dwelling receiving a notice of violation or a compliance order stating that such dwelling does not comply with the provisions of this chapter or of the rules and regulations adopted pursuant thereto may demolish such building or dwelling, and such action shall be deemed compliance, except that any resulting cellar holes shall be filled to grade.
(Prior code § 14-26)
It shall be unlawful for the owner of any dwelling unit upon whom a notice of violation or compliance order has been served to sell, transfer, mortgage, lease or otherwise dispose thereof to another until the provisions of the notice of violation or compliance order have been complied with, or until such owner shall first furnish to the grantee, lessee or mortgagee prior to such transfer, lease or mortgage a true copy of any notice of violation or compliance order issued by the director, and at the same time notify the director in writing of the intent to transfer, lease or mortgage either by delivering such notice of intent to the director and receiving a receipt therefor, or by registered or certified mail, return receipt requested, giving the name and address of the person to whom the transfer, lease or mortgage is proposed. A transferee, lessee or mortgagee who has received actual or constructive notice of the existence of a notice of violation or compliance order shall be bound by such notice of order as of the date of such transfer, lease or mortgage without service of further notice upon him or her.
(Prior code § 14-27)
Whenever a notice of violation or a compliance order has been issued for a violation of this chapter, or any rule or regulation adopted pursuant thereto, the director may file in the office of the recorder of deeds a copy of the notice or order. Such notice or order shall be recorded in the same manner as lis pendens notices, and such recording shall be constructive notice to any purchaser or encumbrancer of the real property affected thereby. Notwithstanding any other provisions of this chapter, any person purchasing or otherwise acquiring any interest in any real property and having actual or constructive notice of any proceedings instituted under the provisions of this chapter shall be immediately subject to and bound by any such proceedings and to any compliance order entered with respect to the real property.
(Prior code § 14-28)
The penalty for any violation of any provision of this chapter shall be a fine not to exceed two hundred dollars ($200.00) or imprisonment for not more than thirty (30) days or both for each violation thereof, and each day's failure to comply with any such provision shall constitute a separate violation.
(Prior code § 14-28.1)
A. 
Any person who shall violate any provision of this chapter, or any provision of any rule or regulation adopted pursuant to authority granted by this chapter, shall upon conviction, be punished as provided in Section 15.12.290 of this chapter.
B. 
The city solicitor shall, upon complaint of the director, just institute injunction, abatement or other appropriate actions or proceedings at law or in equity to restrain, prevent, enjoin, abate, correct or remove such violations.
C. 
The remedies provided for herein shall be cumulative and not exclusive and shall be in addition to any other remedy provided by law.
(Prior code § 14-28.1A)
The municipal court of the city shall have jurisdiction over all minimum housing violations in the city.
(Prior code § 14-28.2)
A. 
Establishments. The public Cranston nuisance task force is established. The purpose and primary goal of the task force is to work with the property owners to establish a plan to abate identified nuisances in a timely manner through a collaborative effort of task force members and the property owner(s). Where there is ineffective cooperation from a property owner(s), the task force may review appropriate legal remedies to abate the nuisance, including, but not limited to, filing a receivership petition in the municipal court.
B. 
Members. The members of the public nuisance task force shall consist of the following members:
1. 
The director of the building inspections or his or her designee within the division of minimum housing.
2. 
The director of the planning department or his or her designee.
3. 
The mayor or his or her designee.
4. 
The city council person as appointed from the majority party.
5. 
A city council person as appointed from the minority party.
6. 
And other persons or agencies deemed necessary by the task force members.
C. 
Mission. The task force shall investigate problem residential properties by reviewing police reports; building, housing and zoning code violations; fire safety code violations; and complaints of properties with potentially hazardous conditions. The primary mission of the task force shall be on properties that present ongoing, chronic code violations and numerous calls for police, fire or emergency service. The goals of the nuisance task force are as follows: Track and report on nuisance residential properties; research and document best practices to address nuisance properties; develop and implement strategies for nuisance abatement that are individually tailored to targeted nuisance properties; meet with and assist owners, neighbors and interested parties of nuisance properties in abating the nuisances; request prosecution for those liable for nuisance properties who fail or refuse to abate nuisances; facilitate the transfer of abandoned or otherwise severely neglected properties to responsible owners; identify potential urban redevelopment and neighborhood revitalization opportunities and to facilitate the coordinated and efficient realization of these opportunities; provide multilingual community education and awareness with respect to foreclosure, nuisance avoidance and abatement, responsible ownership, and landlord-tenant relations; complete a comprehensive review, identify improvements and propose revisions of city ordinances; and improve the overall quality of housing stock and quality of life in the neighborhoods in the city.
D. 
Chair and Meeting. The building inspector or his designee shall serve as chair of the public nuisance task force. The task force shall meet regularly, as necessary, to consider and review subject properties and to meet with notified property owner(s) regarding the abatement of a public nuisance.
E. 
Procedures. Members of the task force shall identify residential properties that present chronic public nuisance issues for the city and, after adequate review and investigation, notice shall be sent to the property owner(s) to abate the identified nuisance(s) or provide the task force with a comprehensive plan for abatement within ten (10) days. A request will be made to the property owner(s) to meet with the task force to discuss the public nuisances maintained on the subject property and develop and abatement plan. Upon request, the task force shall provide general but limited guidance during the abatement process. However, the property owner(s) shall remain solely responsible for knowing all laws, code and regulations applicable to the maintenance of the property. To assist the task force in identifying nuisance properties, the director of the building inspections shall maintain a track spreadsheet of the issuance of all building code violations organized by the address of the subject of the violation, the record shall include the specifics of the violation and fines assessed. It shall not include the identity of the complainant. It shall also include the dates and results of the department of inspections investigation and the dates and results of municipal court proceedings. Notwithstanding the foregoing, no information will be provided unless in compliance with the Rhode Island Access to Public Records Act (RIGL 38-2 et seq.)
F. 
Enforcement. Upon referral by the nuisance task force, the city solicitor may initiate an action in the municipal court or any court of competent jurisdiction to abate a chronic nuisance property, to impose penalties pursuant to this chapter, including, but not limited to, a fine of fifty dollars ($50.00) for each day of continuing violation, to seek alternative remedies under city or state laws and to seek any other relief authorized by law.
(Ord. 03-61 § I; Ord. 2019-43, § 1, 10/28/2019)