[HISTORY: Adopted by the Council of the City
of Pawtucket as indicated in article histories. Amendments noted where
applicable.]
[Approved 4-9-1970 by 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 by 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:
A.
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.
B.
A telephone number to call in case of emergencies.
C.
The name and address of the mortgage holder.
D.
The name and address of property insurer.
[Amended 9-23-1999 by Ord. No. 2538]
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
[Amended 5-24-2018 by Ch. No. 3160]
Failure of a property owner, as defined herein,
to provide and render the information as described herein shall constitute
prima facie evidence of a violation 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.
