[HISTORY: Adopted by the Council of the City
of Pawtucket as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Judge of Probate Court — See
Secs. 2-500 and 2-600 of Charter.
Judge of Municipal Court — See
Secs. 2-501 and 2-600 of Charter.
[Approved 6-21-1973 by Ch. No. 1401; amended in its entirety 11-12-2020 by Ch. No. 3235]
[1]
Editor's Note: See R.I.G.L. § 45-2-13
for statutory authority.
Pursuant to R.I.G.L. § 45-2-13, as amended, there
is hereby established a Municipal Court in the City of Pawtucket.
Said Court shall be composed of one Judge and one Associate
Judge who shall be elected in accordance with all of the provisions
of Section 2-501 of the City Charter.
Said Court shall have power to issue writs of summons for witnesses,
and compel their attendance, and to punish for contempt by fine. In
addition, said Court shall have the power to execute search warrants
to the extent the warrants could be executed by a Judge of the District
Court.
(Reserved)
In case of the sickness, absence from the City or other disability
or ineligibility of the Judge of the Municipal Court to serve, the
Clerk of the Municipal Court shall perform the duties of said Judge
during the sickness, absence or other inability or ineligibility of
said Judge. The acts of said Clerk in the performance of said duties
shall have the same effect as if performed by said Judge. The Clerk
of said Court shall keep a regular docket of all cases therein, including
a record of all cases disposed of, shall record the judgments, orders
and sentences of said Court and shall furnish certified copies thereof
when required, for which copies said clerk shall charge the same fees
as are by law allowed to Clerks of the Superior Court. He or she shall
keep his or her office open to the public during such hours as the
Court shall determine.
The Clerk of the Municipal Court shall have the power to arraign
and take recognizance to the state.
The Clerk of the Municipal Court, with the approval of the Judge
thereof, is hereby authorized and empowered to employ such clerical
assistance as he or she may require in his or her office in copying,
recording, indexing and attending upon the files of said Court.
The Municipal Court shall have a seal which shall contain such
words and device as the Court shall adopt. The Judge of the Municipal
Court shall have power to administer oaths and affirmations.
The Municipal Court shall be considered to be in session at
all times and in such place or places in the City as the Court or
the justice holding the same shall direct.
The Municipal Court shall have original jurisdiction to hear
and determine causes involving violation of any ordinance of the City
of Pawtucket.
A.
The Municipal Court may impose a fine not in excess of $500. Fines
so imposed shall be paid over and disposed of in like manner as moneys
had been obtained for violations of City ordinances previously handled
in the District Court.
B.
Every person aggrieved by any fine or sentence of said Municipal
Court may within seven days of such conviction appeal from such sentence
to the Superior Court in and for Providence County, in the same manner
and with the same procedure, and such appeal shall be disposed of
in said Superior Court in like manner as is prescribed in the case
of appeals in criminal cases from the sentence of any District Court.
It shall be lawful for the Judge of said Court so to prescribe
and vary the form of all complaints, warrants, writs or other process
as to make the same consistent with the organization, style and jurisdiction
of said Court, and such complaints, warrants, writs and other process
shall have the same effect, validity and extent, and be served, obeyed,
enforced and returned, in the same manner and by the same officers
as if issued from the District Courts, and they may also be served
by any constables of said town who are authorized to serve process
in civil or criminal cases.
Costs taxed by said Municipal Court shall be the same as those
taxed by District Courts, and the payment of the costs shall be a
part of the sentence to the extent they would be in the District Courts,
or as otherwise authorized by state law.
All moneys derived from such appeals, whether for fine and costs,
or otherwise, including costs imposed in said Municipal Court on such
appealed cases, shall be paid over and disposed of in like manner
as moneys obtained in cases of appeal from District Courts to said
Superior Courts in criminal cases are paid over and disposed of.
The provisions of the Charter shall apply to the Municipal Court
of the City and to the functions within the jurisdiction of the Court
to the extent that such provisions are consistent with this article.
To the extent that such provisions are inconsistent with this article,
the provisions of the City Charter shall control.
[Approved 5-5-1995 by Ch. No. 2384]
This article shall be known and may be cited
as the "Housing Court Act."
This article shall be liberally construed to
the end that all people be housed in dwellings that are safe, sanitary
and fit for human habitation and that levels of residential environmental
quality be achieved and maintained as will protect and promote the
health, safety and general welfare of the people of the City of Pawtucket.
A.
In accordance with the express enabling authority
granted by the General Assembly in R.I.G.L. § 45-2-13, there
is hereby established in the City of Pawtucket a Housing Court, which
shall conduct its day-to-day business as an adjunct to and extension
of the already existing Pawtucket Municipal Police Court.
B.
There shall be a Housing Court Judge and an Associate
Housing Court Judge to hear and determine causes brought before the
Housing Court by the Director of Zoning and Code Enforcement and the
City Solicitor's Office involving violation of the zoning ordinances
of the City and any violation of the provisions of Chapter 24 of Title
45 of the General Laws of the State of Rhode Island entitled the "State
Zoning Enabling Act," and any violation of the provisions of Chapter
27.3 of Title 23 of the General Laws of the State of Rhode Island
entitled the Rhode Island "State Building Code," and any violation
of the provisions of those regulations promulgated by the State Building
Code Commission entitled "SBC-1 Rhode Island State Building Code,"
"SBC-4 Rhode Island State One and Two family dwelling code," "SBC-5
Rhode Island State Electrical Code," "SBD-6 State Property Maintenance
Code," "SBC-8 Rhode Island State Energy Conservation Code" and to
hear and determine any other causes brought to promote, protect or
enhance the residential environmental quality of the people.
[Amended 7-12-2012 by Ch. No. 3003]
C.
The Housing Court Judge shall serve simultaneously
as the Judge of the Pawtucket Municipal Police Court.
[Amended 5-9-2013 by Ch. No. 3025]
D.
The Associate Housing Court Judge shall serve simultaneously
as the Associate Judge of the Pawtucket Municipal Court.
[Amended 5-9-2013 by Ch. No. 3025]
E.
The Housing Court will commence upon the passage of
this article. Upon commencement, the Housing Court shall assume jurisdiction
over all matters then pending in the District Court and the Superior
Court or remanded to District Court or Superior Court pursuant to
Court Order.
F.
Pursuant to R.I.G.L. § 8-18-4(e), the Housing
Court shall be a court of record and shall, at a minimum, tape record
all sessions.
G.
The Housing Court shall have a seal which shall contain
such words and devices as the Court shall adopt.
H.
The Housing Court Judge and the Associate Housing
Court Judge shall have the power to administer oaths and affirmations,
compel the attendance of witnesses, punish persons for contempt and
to execute search warrants to the extent warrants could be executed
by a Judge of the District Court.
A.
The Housing Court shall be a court of City-wide jurisdiction;
and no order, decree, judgment, sentence, warrant, writ or process
made, issued or pronounced by it need set out any adjudication or
circumstances with greater particularity than would be required in
courts of superior and general jurisdiction. The writs, subpoenas,
citations, orders, notices, executions and all other processes issued
by the Housing Court shall be under the seal of the Housing Court,
signed by the Housing Court Clerk and bear the signature of the Housing
Court Judge and shall run throughout the state.
B.
In all matters within its jurisdiction, the Housing
Court shall have the power to proceed according to equity to:
(1)
Restrain, prevent, enjoin, abate or correct a violation.
(2)
Order the repair, vacation or demolition of any dwelling
existing in violation.
(3)
Otherwise compel compliance with all of the provisions
of these ordinances or statutes.
(4)
Order a dwelling into receivership and to order the
removal of any clouds on the title to the building or property which
shall be binding upon all those claiming by, through, under or by
virtue of any inferior liens or encumbrances pursuant to Chapter 44
et seq. of Title 34 of the General Laws of the State of Rhode Island.
C.
In all matters within its jurisdiction, the Housing
Court may impose a fine not in excess of $500.
[Amended 4-20-2017 by Ch. No. 3125; 5-24-2018 by Ch. No. 3160]
D.
All fees and costs assessed by the Housing Court shall be the same
as the Police Court, or as otherwise authorized by state law.
[Added 4-20-2017 by Ch.
No. 3125]
The Housing Court shall conduct business in
the Pawtucket Municipal Courthouse at such times and under such conditions
as the Housing Court Judge may from time to time direct.
Within the Housing Court there shall be a registry,
to be administered by the Housing Court Clerk, which shall receive
and disburse all payments made by direction of the Court, voluntary
payments and those pursuant to the minimum standards housing ordinances,[1] which shall be regularly and promptly paid to the City
Treasurer.
A.
The Housing Court Judge shall be Administrative Judge
of said Court and shall be the head of said Court and have supervision
and control of the calendars and the assignments of his or her Associate
Judge.
B.
All court stenographers and secretaries shall be under
the supervision of the Housing Court Judge whose duty it shall be
to gather such statistics as shall reflect accurately the work of
the Court, for the information of the Court and such other use as
may be deemed expedient.
C.
The Housing Court Judge shall also be charged with
the general responsibility for any recommendations that may be important
for the work of said Court.
The Housing Court, through its Judge, may from
time to time make and promulgate rules for regulating practice and
conducting business therein. In all matters wherein the Housing Court
is authorized or directed to make or promulgate rules, said Court
shall have the authority, until such time as such rules may be promulgated,
to provide by order in special cases.
The Housing Court Clerk shall serve simultaneously
as the Clerk of the Pawtucket Municipal Court. In addition to any
other authority or duties provided by this article, the Housing Court
Clerk shall have the authority to carry out the duties with respect
to the Housing Court that are exercised or performed by the Clerks
of the District Courts or Superior Court in housing and zoning enforcement
matters.
A.
A court stenographer, except where a tape recording
device is employed, shall report stenographically the proceedings
in the trial of every action or proceeding in the Housing Court. If
ordered to do so by the Judge, the stenographer shall transcribe the
report and file the same with the papers in the case.
B.
The stenographer shall also make a transcript of the
whole or any part of such report upon the written request filed with
the Clerk, by either party to such action or proceeding, and when
completed and within the time limited by the Court for filing the
same, shall immediately deliver the same to the party ordering it,
to the attorney of record of such party and for such service shall
be paid a reasonable compensation to be allowed by the Court; and
in case the transcript is used in subsequent proceedings in the cause,
the cost of the same may be allowed as part of the costs.
Any party aggrieved by final judgment, decree
or order of the Housing Court may, within 20 days after entry of judgment,
petition to the Supreme Court for the State of Rhode Island for a
writ of certiorari to review any errors involved. The petition for
the writ of certiorari shall set forth the errors claimed. Upon the
filing of such a petition with the clerk of the Supreme Court, the
Supreme Court may, if it sees fit, issue a writ of certiorari to the
Housing Court to certify to the Supreme Court the record of the proceedings
of the case, together with any transcript of the proceedings furnished
by the petitioner at his or her expense.
The City Council shall annually appropriate
such sums as shall be necessary to carry out the purposes of this
article, and the City Treasurer is hereby authorized and directed
to draw their order for the payment of such sum, or so much thereof
as may be required from time to time, upon receipt by them of duly
authenticated vouchers approved by the Housing Court Judge.
