The Director of Zoning and Code Enforcement
is hereby authorized and directed to make inspections to determine
the condition of dwellings, dwelling units, rooming units and dwelling
premises in order that he or she may perform the 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 of Zoning and Code Enforcement is hereby authorized to enter,
examine and survey at all reasonable times all dwellings, dwelling
units, rooming units and dwelling premises. In the event that entry
is denied or resisted, an order to examine, inspect and survey may
be obtained from a court of competent jurisdiction.
The owner, operator or occupant of every dwelling,
dwelling unit or rooming unit or the person in charge thereof shall
give the Director of Zoning and Code Enforcement free access to such
dwelling, dwelling unit or rooming unit and dwelling premises, at
all reasonable times, for the purpose of 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, at all reasonable times,
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 rules or regulations adopted pursuant thereto
or with any notice of violation or order issued pursuant to the provisions
of this chapter.
[Amended 10-25-1973 by Ch. No. 1424; 3-23-1995 by Ch. No. 2381]
A.
Whenever the Director of Zoning and Code Enforcement
(formerly the Director of Housing Standards) 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 hereinafter provided. This notice
shall:
(1)
Be in writing.
(2)
Set forth the alleged violations of this chapter.
(3)
Describe the dwelling, dwelling unit, rooming unit
or structure where the violations are alleged to exist or to have
been committed.
(4)
Provide a reasonable time, not to exceed 30 days,
for the correction of any violation alleged.
(5)
Be served upon the owner, occupant, operator or agent
of the dwelling, dwelling unit, rooming unit or structure personally
or by certified or registered mail, return receipt requested, addressed
to the last known place of residence of the owner, occupant, operator
or agent.
B.
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 of Zoning and Code Enforcement and the procedure by which application for such hearing can be made, as provided in § 247-26. Written entry of appearance or presence at such hearing shall fulfill the requirements for service of the notice of violation.
C.
If one or more persons to whom the notice is addressed
cannot be found after diligent effort to do so, service may be made
upon the person or persons by posting a notice in or about the dwelling,
dwelling unit, rooming unit or structure described in the notice,
or by causing the notice to be published in a newspaper of general
circulation for a period of three consecutive days.
D.
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.
E.
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 on 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 30 days after the date of the reinspection, if the
person served with the notice does not petition for a hearing on the
matter in the manner hereinafter provided. This second notice shall
be served in the manner provided in this section with the additional
requirement that said notice of violation shall also be served upon
any mortgagee of record whose identity shall be determined by the
City Solicitor after the completion of a title search on the subject
parcel.
[Added 5-21-1981 by Ch. No. 1758]
A.
Every rental property owner living outside the State
of Rhode Island shall have an agent registered with the enforcing
officer in the city or town where such property is located for service
of notices.
B.
Every rental property owner living inside the State
of Rhode Island shall have their true residence listed with the enforcing
officer in the City or town where said rental property is located
for service of notices.
Any notice of violation provided for in § 247-21 shall automatically become a compliance order if written request for a hearing is not filed in the office of the Director of Zoning and Code Enforcement within 10 days after the service of the notice. A copy of the compliance order shall be served in the manner provided in § 247-21, and shall inform the person to whom it is directed of his or her right of appeal to the Housing Board of Review, and the procedure by which application for such appeal can be made as provided in §§ 247-37 to 247-49. 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.
Whenever the Director of Zoning and Code Enforcement, 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, the Director 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 § 247-53. 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 of Zoning and Code Enforcement shall, under the circumstances, deem reasonable, necessary and proper, and any person upon whom an immediate compliance order is served shall comply therewith immediately or otherwise as such order may specify. Such persons shall have the right to appeal to the Housing Board of Review, and such appeal shall be given priority and conducted as soon as possible and as provided for in §§ 247-37 to 247-49.
A.
Whenever any violation of this chapter which, in the
opinion of the Director of Zoning and Code Enforcement, 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
take such direct action as is necessary to alleviate the violation
causing the direct hazard or immediate peril.
[Amended 7-25-1996 by Ch. No. 2420]
B.
When certified by the Director of Zoning and Code
Enforcement, 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.
C.
The owner, operator or occupant of the dwelling unit, dwelling, 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 § 247-21.
D.
Such expenses shall be paid for by the responsible
person on whom the notice is served, and unless the expenses are paid
within 30 days after such notice is served, the Director of Zoning
and Code Enforcement 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-percent service charge in addition
thereto.
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 of
Zoning and Code Enforcement after such person shall file in the Office
of the Director of Zoning and Code Enforcement 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 be served, and why such enforcement or compliance should
not be effected. If this request is filed within 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 of Zoning and Code Enforcement 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.
After a hearing held in accordance with the provisions of § 247-26 and on consideration of the evidence presented, the Director of Zoning and Code Enforcement shall sustain, modify or withdraw the notice. If the Director of Zoning and Code Enforcement, 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 of Zoning and Code Enforcement shall find to be responsible for the violation and in the manner provided by § 247-23.
The Director of Zoning and Code Enforcement
shall keep a record of every hearing held pursuant to this chapter
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 of Zoning and Code Enforcement and a copy
of any compliance order issued in connection therewith. Such record
shall be maintained as a public record.
At the end of the time period specified in a
compliance order or any extension thereof, it shall be the duty of
the Director of Zoning and Code Enforcement to make a reinspection
of the dwelling, dwelling unit, rooming unit or dwelling premises,
and if the order has not been complied with, the Director of Zoning
and Code Enforcement shall institute proper legal action or make such
further orders as the case may require.
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 holes shall be filled to grade.
It shall be unlawful for the owner of any dwelling
or 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 of Zoning and Code Enforcement 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 or order as of the date of such transfer,
lease or mortgage without service of further notice upon him.
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 of Zoning and
Code Enforcement 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.
[Added 10-25-1973 by Ch. No. 1424]
The Director shall keep confidential all evidence
and information not related to the purposes of this chapter which
he or she may discover or obtain in the course of an inspection made
pursuant to this article and such evidence shall be considered privileged.
Evidence so obtained shall not be disclosed except as may be necessary
in the judgment of the enforcing officer for the proper and effective
administration and enforcement of the provisions of this chapter.
[Added 10-25-1973 by Ch. No. 1424]
If any owner, occupant or other person in charge
of a dwelling, dwelling unit or rooming unit, or of a multiple dwelling
or a rooming house or structure fails or refuses to permit free access
and entry to the structure or premises under his or her control, or
any part thereof, with respect to which an inspection authorized by
this chapter is sought to be made, the Director may, upon a showing
that probable cause exists for the inspection and for the issuance
of an order, direct compliance with the inspection requirements of
this section with respect to such dwelling, dwelling unit, rooming
unit, multiple dwelling or rooming house or structure and petition
and obtain such order from a court of competent jurisdiction.
[Added 10-25-1973 by Ch. No. 1424]
The Director shall have the right to prosecute
for any violation of this chapter as provided by law, and is hereby
authorized to execute all warrants, with the exception of search warrants,
for the violation of laws, rules and regulations relating to this
chapter and to serve subpoenas issued for the trial of all offenses
against the laws, rules and regulations relating to this chapter.
[Added 10-25-1973 by Ch. No. 1424]
Notwithstanding any lease or other agreement,
if the Director shall have ordered the repair, alteration or improvement
of a dwelling in that he or she shall have designated the same to
be an unfit dwelling as provided for in this chapter, then the obligation
of rent therefor to the landlord shall be suspended and the same shall
be paid into the revolving fund as established herein by the Director,
to be paid thereafter to the landlord or any other party authorized
to make repairs (including the Director) to defray the cost of correcting
the conditions, and no section shall be maintained by the landlord
against the tenant for such rent or for possession. Sums paid into
the revolving fund in excess of those necessary to make repairs shall
be paid to the landlord on completion. If the tenant shall fail to
make payments to the Director, then an action for rent or possession
may be maintained, subject to such defenses as the tenant may have
under the lease or agreement.
