ARTICLE II. - PROPERTY MAINTENANCE STANDARDS
Part of the Code of Ordinances of Central Falls, RI.
The text
Footnotes:
--- (2) --- Editor's note— An ordinance adopted September 9, 2014, § 1, repealed Ch. 10, Art. II., §§ 10-25—10-28, 10-61—10-72, 10-101—10-111, 10-135—10-151, 10-171—10-182, 10-203—10-209, and enacted a new Art. II as set out herein. The former Ch. 10, Art. II pertained to similar subject matter and derived from Ord. of 12-12-2005.
State Law reference— State housing and property maintenance code, G.L. 1956, § 23-27.3-100.1.5.1; minimum housing standards, G.L. 1956, § 45-24.2-1 et seq.; Rhode Island Housing Maintenance and Occupancy Code, G.L. 1956, § 45-24.3-1 et seq.
DIVISION 1. - GENERALLY#
Sec. 10-25. - Statement of policy.#
It is hereby declared that there exists in the city numerous dwellings, and dwelling premises and structures which are substandard in one or more important features of structural safety, sanitary facilities and maintenance, and healthful occupancy and hot water facilities; and that these conditions together with the inadequate provision for light and air, insufficient protection against fire, insanitary conditions, lack of proper heating, overcrowding of dwellings and structures, deterioration and disrepair of dwellings and structures and dwelling premises and the occupancy of unfit dwellings and structures, endanger the health, safety, morals, and general welfare of the community, and give impetus to the continuation, extension and aggravation of urban blight and decay. It is further declared that the establishment and enforcement of minimum standards for dwellings, dwelling premises and structures, and the rehabilitation of housing are essential to the public health, safety, and general welfare.
(Ord. of 9-8-2014(1), § 1; Ord. of 7-10-2017(1), § 3)
Sec. 10-26. - Purpose of chapter.#
The purpose of this chapter shall be to protect the public health, safety and welfare by establishing minimum standards governing the condition and maintenance of all dwellings, dwelling premises and structures; establishing minimum standards governing utilities and facilities and other physical things and conditions essential to make dwellings and structures safe, sanitary, and fit for human habitation; fixing certain responsibilities and duties of owners, operators, and occupants of dwellings, dwelling premises and structures; and fixing the conditions whereby certain dwellings and structures may be declared unfit for occupancy and condemned for human habitation; and fixing penalties for violations of the provisions of this chapter.
(Ord. of 9-8-2014(1), § 1; Ord. of 7-10-2017(1), § 3)
Sec. 10-27. - Conflict of chapter with other ordinances.#
In any case where a provision of this chapter or of any regulation adopted pursuant thereto is found to be in conflict with a provision of any zoning, building, fire, safety or health ordinance or any regulation adopted pursuant thereto, or any other ordinance, code or regulation of the city, the provision which establishes the higher standard for the promotion of the health and safety of the people shall prevail.
(Ord. of 9-8-2014(1), § 1; Ord. of 7-10-2017(1), § 3)
Sec. 10-28. - Enforcement of Rhode Island Property Maintenance Code.#
The city shall follow and enforce the state property maintenance code codified by the property maintenance code for the state, hereinafter referred to as SBC-6, and administered by R.I.G.L. 1956 § 23-27.3-100 et seq.
(Ord. of 9-8-2014(1), § 1; Ord. of 7-10-2017(1), § 3)
Sec. 10-29. - Minimum housing standards division—Created.#
There is hereby created within the executive department a division of minimum housing standards, hereinafter referred to as "the division," for the purposes of enforcing the provisions of this chapter and such other matters as may be appropriately assigned to it. The division of minimum housing standards shall be operated under the general direction of the director of code enforcement, as provided in section 2-230 and section 2-231. The director may delegate any of his or her powers or duties under the provisions of this chapter to any properly qualified employee of the division.
(Ord. of 9-8-2014(1), § 1; Ord. of 7-10-2017(1), § 3)
Sec. 10-30. - Appointment and duties of hearing officer.#
The director shall serve as the hearing officer of the division of minimum housing standards and as such shall be responsible for the scheduling, conduct and recording of hearings as provided for in sections 101.1 through 107.6 of the SBC-6; except that the director may delegate these duties to any other qualified employee of the division.
(Ord. of 9-8-2014(1), § 1; Ord. of 7-10-2017(1), § 3)
Sec. 10-31. - Personnel of division of minimum housing standards.#
The personnel of the division of minimum housing standards shall consist of the aforementioned director and such other inspectors, clerks and other personnel as may be necessary for the proper organization of the division and for the proper enforcement of this chapter.
(Ord. of 9-8-2014(1), § 1; Ord. of 7-10-2017(1), § 3)
Sec. 10-32. - Conflict of permits and licenses with chapter.#
All departments, officials and employees of the city which have the duty or authority to issue permits or licenses in regard to the construction, installation, repair, use or occupancy of structures, dwellings, dwelling premises or dwelling equipment or facilities shall conform to the provisions of this chapter, and no permit or license for any construction, installation, repair, use or occupancy shall be issued if such would be in conflict with the provisions of this chapter. Any permit or license issued in conflict with the provisions of this chapter shall be null and void.
(Ord. of 9-8-2014(1), § 1; Ord. of 7-10-2017(1), § 3)
Sec. 10-33. - Application to zoning board of review for variance, exception.#
Whenever a compliance order issued pursuant to the provisions of this chapter requires an extension of a building or structure into a required rear yard or side yard, or the execution of any compliance order will result in any violation of the zoning ordinance, the director is authorized to apply to the zoning board of review for a variance or exception.
(Ord. of 9-8-2014(1), § 1; Ord. of 7-10-2017(1), § 3)
Sec. 10-34. - Referral of housing violations not covered by chapter but by standards of other codes.#
Whenever the director determines that the condition of a structure, dwelling or dwelling premises or any part thereof is in violation of any zoning, building, fire or health ordinance or regulation adopted pursuant thereto, or any other ordinance, or code or regulation of the city governing the condition and improvement of housing, which is not provided for by this chapter, or which is provided for by a higher standard of such other ordinance, code or regulation, according to section 10-27 of this chapter, he shall refer such violation to the appropriate authority.
(Ord. of 9-8-2014(1), § 1; Ord. of 7-10-2017(1), § 3)
Sec. 10-35. - Prosecution of existing violations.#
This chapter shall not affect violations of any other existing ordinance, code or regulation of the city, and such violations shall be governed and shall continue to be punishable to the full extent of the law under the provisions of those ordinances, codes or regulations in effect at the time the violation was committed.
(Ord. of 9-8-2014(1), § 1; Ord. of 7-10-2017(1), § 3)
Sec. 10-36. - Violations and penalties.#
(a)
Any person who violates any provision of this chapter, or any provision of any rule or regulation adopted pursuant to authority granted by this chapter shall be punished pursuant to SBC-6, R.I.G.L. 1956 § 23-27.3-100 et seq., and chapter 1, section 1-12 of this Code.
(b)
The city solicitor shall, upon complaint of the director, 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 remedies provided by law.
(Ord. of 9-8-2014(1), § 1; Ord. of 7-10-2017(1), § 3)
Sec. 10-37. - Recording notices and orders; liability of persons having notice of proceedings.#
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.
(Ord. of 9-8-2014(1), § 1; Ord. of 7-10-2017(1), § 3)
Sec. 10-38. - Transfer of ownership.#
(a)
It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of such dwelling unit or structure to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the code official and shall furnish to the code official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation.
(b)
Pursuant to R.I.G.L. § 42-128.1-8, if a property was constructed prior to 1978, that property must have a lead certificate prior to receiving a certificate of occupancy from the city department of code enforcement and zoning.
(c)
If a property is vacant and abandoned at the time of sale, transfer, mortgage, or lease, the property owner must obtain a certificate of occupancy from the city department of code enforcement and zoning. This will require an inspection by a city building inspector, which can be requested by the property, and will be completed at a cost of $200.00 per inspection.
(Ord. of 7-10-2017(1), § 3)