[HISTORY: Adopted by the Council of the City of Pawtucket: Art. I, approved 4-9-1970 as Ch. No. 1247; Art. II, approved 10-11-1991 as Ch. No. 2226. Amendments noted where applicable.]
Article I Rent Payment Deposit in Escrow
Article II Absentee Landlords
[Approved 4-9-1970 as Ch. No. 1247]
The enforcing officer of the Division of Zoning and Code Enforcement of the City of Pawtucket who shall have ordered the repair, alteration or improvement of a dwelling house in that he or she shall have disclosed the same to be a serious hazard or imminent peril to the health, safety or welfare of the occupants, then the obligations of paying the rent therefor to the landlord shall be suspended.
The rent shall be paid into an escrow account established by the enforcing officer to be paid thereafter to the landlord or any other party authorized to make repairs (including the enforcing officer) to defray the costs of correcting the conditions and no action shall be maintained by the landlord against the tenant for such rent or for possession. Sums paid into said escrow 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 enforcing officer, then an action for rent or possession may be maintained, subject to such defenses as the tenant may have under the lease or agreement.
[Approved 10-11-1991 as Ch. No. 2226]
Pursuant to Chapter 417 of the Public Laws of 1991, each "absentee landlord," defined as an owner of a residential dwelling who does not reside at the dwelling premises, shall submit to the Office of Zoning and Code Enforcement, under oath, on forms provided by the city:
His, her, its or their full name and residence address and telephone number which shall be accessible to each tenant, or the full name, business address and telephone number of the property manager, if one exists.
A telephone number to call in case of emergencies.
The name and address of the mortgage holder.
The name and address of property insurer.
[Amended 9-23-1999 by Ord. No. 2538]
The city shall notify each absentee landlord in writing of his, her, its or their requirement to register within 30 days of the date of postmark on said notice.
A landlord who is a resident of another state shall designate and continuously maintain an agent upon whom service may be made of any process, notice or demand required or permitted by law to be served, including but not limited to notices of minimum housing code violations.
The landlord is required to notify the Pawtucket City Clerk, in writing, who he has designated as his agent and include their current name and address. This notice will also state the addresses of the properties that the agent is designated to represent for the landlord within the City of Pawtucket.
The landlord is responsible for notifying the City Clerk of any changes in his agents name or address or if the properties over which the agent is authorized to accept service of process, notice or demands have changed within 30 days of the change.
If the landlord fails to comply with this article, rent for the dwelling abates until designation of an agent is made, and the landlord shall be subject to a fine of up to $500 per violation payable to the City of Pawtucket.
Failure of a property owner, as defined herein, to provide and render the information as described herein shall constitute prima facie evidence of a misdemeanor which shall be answerable and heard in the Police Court of the City of Pawtucket. The first offense shall carry a maximum fine of $100. Subsequent offenses shall carry a maximum fine of $500.
Failure to pay said fine(s) within 30 days of the citation will result in a lien being placed on the property.