The text
Footnotes:
--- (2) --- State Law reference— Order to remove refuse, G.L. 1956, § 23-19.2-4 et seq.
Sec. 18-19. - Definitions.#
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Investigative body means the city fire division, division of code enforcement, the environmental action officer and any other person or department which is authorized by state law or city ordinance to conduct investigations of private property for the city.
Nuisance property means any property, both real and personal, within the city which is cited for two or more separate and unrelated violations during two or more separate inspections within a 12-month period by an investigative body of the city.
Public nuisance means any condition or use of premises or of building exteriors which is detrimental to the property of others or which causes or tends to cause substantial diminution in value of other property in the neighborhood in which such premises are located, or a building that is a menace to the public health, welfare or safety or that is structurally unsafe, unsanitary or not provided with adequate safe egress, or that constitutes a fire hazard, or is otherwise dangerous to human life, or is otherwise no longer fit and habitable, or that in relation to existing use constitutes a hazard to the public health, welfare or safety by reason of inadequate maintenance, dilapidation, obsolescence or abandonment. This includes, but is not limited to, the keeping or the depositing on or the scattering over the premises of any of the following: (1)
Lumber, junk, trash or debris.
(2)
Abandoned, discarded or unused objects or equipment such as automobiles, trailers, buildings, furniture, stoves, refrigerators, freezers, cans, or containers.
(3)
Any compost pile which is of such a nature so as to spread or harbor disease, emit unpleasant odors or harmful gas or attract rodents, vermin or other disease-carrying pests, animals or insects, provided that the presence of earthworms in a compost pile shall not constitute a nuisance.
(4)
The using of any part of the property or any public property adjacent thereto for the manufacture, sale, use or delivery of a controlled substance or from possessing on the property or any public property adjacent thereto with the intent to manufacture, sell, use or deliver a controlled substance classified in schedule I or schedule II of G.L. 1956, tit. 21, ch. 28 (G.L. 1956, § 12-28-1.01 et seq.).
(5)
The using of any part of the property adjacent thereto, to receive or offer or agree to receive any person into any place, structure, house, building or room for the purpose of pandering or committing prostitution or for any other lewd or indecent act.
(Code 1994, §§ 18-51, 18-54; Ord. of 6-1-2005(3))
Sec. 18-20. - Authority of director of public safety.#
(a)
The director of public safety shall have the authority to declare any building or property, be it real or personal, in the city as a public nuisance.
(b)
The director of public safety shall issue a public nuisance declaration via regular and certified mail to the building or property owner and shall send a copy to the Central Falls Nuisance Property Task Force.
(c)
The director of public safety shall issue a public nuisance declaration based upon a recommendation of the Central Falls nuisance property task force.
(1)
Establishment. The Central Falls Nuisance Property Task Force is hereby established as a cross departmental effort designed to create collaboration among city officials in identifying and abating nuisance properties. The mission of the nuisance task force is to address, in a holistic and systematic way, properties identified as nuisances that negatively impact city neighborhoods, the quality of housing available, and the health and life of city residents, businesses and visitors.
(2)
Purpose. The Central Falls nuisance property task force shall create a system to document, track and report on nuisance properties; research and document best practices to address nuisance properties; develop and implement strategies for nuisance abatement that are individually tailored to targeted nuisance property; meet with and assist owners, neighbors and interested parties of nuisance properties in abating the nuisances; request prosecution for those liable for nuisance properties who fail or refuse to abate nuisances; facilitate the transfer of abandoned or otherwise severely neglected properties to responsible owners; identify potential urban redevelopment and neighborhood revitalization opportunities and to facilitate the coordinated and efficient realization of these opportunities; provide multilingual community education and awareness with respect to foreclosure, nuisance avoidance and abatement, responsible ownership, and landlord-tenant relations; complete a comprehensive review, identify improvements and propose revisions of city ordinances; and improve the overall quality of housing stock and quality of life in the neighborhoods in the city.
(3)
Membership. The director of public safety shall appoint without the necessity of any approval or confirmation by any other person or body. the following members and officers to the Central Falls nuisance property task force. who shall serve at the pleasure of the director:
a.
The city solicitor or his or her designee to serve as chair;
b.
The director of the department of public works and code enforcement or his or her designee to serve as vice-chair;
c.
The city clerk or his or her designee to serve as secretary;
d.
The director of planning and economic development or his or her designee;
e.
The chief of the fire department or his or her designee;
f.
The chief of the police department or his or her designee;
g.
The president of the city council or his or her designee;
h.
The housing inspector or his or her designee;
i.
The housing prosecutor or his or her designee;
j.
The Attorney General or his or her designee;
k.
The executive director of Progreso Latino or his or her designee;
l.
The executive director of Pawtucket Central Falls Development or his or her designee;
m.
The executive director of Central Falls Housing Authority or his or her designee.
(4)
Meetings. Regular meetings of the Central Falls nuisance property task force shall be held at least once each month at a date fixed by the chairperson. Special meetings shall be held as often as the chairperson determines is necessary. A quorum for purposes of voting shall be seven while a quorum for purposes of nonvoting matters shall be five.
(Code 1994, § 18-53; Ord. of 6-1-2005(3); Ord. of 7-10-2017(1), § 2; Ord. of 7-10-2023(2), § 1)
Sec. 18-21. - Nuisance inspection fee.#
(a)
Any person who owns property in the city and upon declaration of said property as a nuisance property by the director of public safety will be subject to a penalty for the violation of this chapter of up to $500.00. Each and every day subsequent to the declaration received by the owner will constitute a new violation of this chapter until the director of public safety declares that the property is no longer a nuisance.
(b)
Failure to pay said penalty within 30 days of the citation will result in a lien being placed on the property.
(Code 1994, § 18-52; Ord. of 6-1-2005(3); Ord. of 7-10-2017(1), § 2)
Sec. 18-22. - Appeal to municipal housing court.#
All appeals contesting municipal action pursuant to this article shall be heard in the municipal housing court or a court of competent jurisdiction.
(Code 1994, § 18-55; Ord. of 6-1-2005(3); Ord. of 7-10-2017(1), § 2)