DIVISION 3. - POLICE PROTECTION SERVICES
Part of the Code of Ordinances of Central Falls, RI.
The text
Sec. 22-101. - Definitions; interpretation.#
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Dwelling unit means a structure or portion thereof providing independent and complete cooking, living, sleeping and toilet facilities for a group of persons living as a single housekeeping unit.
Excessive police response means each police response in excess of five to a single dwelling unit in a residential property.
Mobile home means a detached single dwelling unit fabricated at a factory and capable of being transported to location of use on its own chassis and wheels, identified by a model number and serial number by its manufacturer, and designed primarily for placement on an impermanent foundation.
Owner, when used in reference to a residential property, means the record owner of the residential property as shown in the real property records.
Police response means that one or more police officers goes to a residential property in response to a call for assistance, a complaint, an emergency or a potential emergency; provided, that the term "police response" does not include a response to: (1)
Receipt of false information, unless the false information was provided by an occupant or owner of the residential property.
(2)
A false alarm, unless the false alarm was caused, permitted or allowed by an occupant or owner of the residential property in violation.
(3)
A call involving potential child neglect, potential domestic violence, or potential stalking.
Residential property means a parcel, tract or lot shown as an individual unit on the most recent plat of record that contains one or more dwelling units, and a mobile home.
(Code 1994, § 22-76; Ord. of 6-1-2004, § I)
Sec. 22-102. - Fee for police protection services.#
(a)
Subject to subsection (b) of this section, the owner of a residential property shall pay the municipality a fee of $300.00 per occurrence in excess of five police responses to the residential property during a calendar year.
(b)
The owner of a residential property shall be liable for the fee established by subsection (a) of this section only if:
(1)
The municipality has notified the owner in writing that the fee will apply to any excessive police responses to the residential property during the calendar year.
(2)
The time allowed for appropriate corrective action has expired.
(3)
The owner has not taken appropriate corrective action.
(c)
If a residential property has more than one owner, all owners shall be jointly and severally liable for any fee imposed under this section.
(d)
For residential property owned as a condominium, a fee based on excessive police responses to a single dwelling unit shall be assessed against the owner of the dwelling unit.
(Code 1994, § 22-77; Ord. of 6-1-2004, § II)
Sec. 22-103. - Notice to property owner.#
(a)
The municipality may notify the owner of a residential property in writing there have been five police responses in the current calendar year to a single dwelling unit in the residential property.
(b)
A notice under this section shall be given in a manner that is reasonably calculated to provide actual notice to the owner of the residential property. At a minimum, the notice shall be sent by certified mail, return receipt requested, to the mailing address of the owner as shown on the municipality's real property tax records, and if the residential property has a different street address, to that street address. The municipality also shall give notice by certified mail, return receipt requested, at another address where it appears more likely that the owner will receive actual notice at the address. Such other address may include, without limitation, an address identified from the telephone directory, public records, or prior police contacts with the residential property or the owner. The notice also shall be posted at the principal entrance to the entrance to the residential property.
(c)
The notice shall:
(1)
Identify the residential property that is the subject of the notice by street address and legal description, and identify the dwelling unit to which the police responses have been made if there is more that one dwelling unit in the residential property.
(2)
State that there have been five police responses to a dwelling unit in the residential property during the current calendar year.
(3)
State that if the owner does not take appropriate corrective action, the owner will be liable for a fee for each excessive police response to the residential property during the calendar year.
(4)
State the amount of the fee per excessive police response to the residential property.
(5)
State the name and telephone number of a representative of the city to contact concerning the notice.
(Code 1994, § 22-78; Ord. of 6-1-2004, § III)
Sec. 22-104. - Corrective action.#
(a)
An owner of a residential property shall have 30 days from the date of mailing of the notice to promptly take appropriate corrective action in response to the notice. Appropriate corrective action shall be action that reasonably would be expected to correct the cause of the police responses to the residential property, and may include, without limitation, written notice to quit.
(b)
There shall be no fee for additional police responses to the residential property that is the subject of the notice during the 30-day period allowed under subsection (a) of this section if the owner takes appropriate corrective action during the 30-day period. The owner shall be considered to have taken appropriate corrective action if there are no additional police responses to the residential property from the end of the 30-day period until the earlier of the:
(1)
End of the calendar year; or
(2)
The date 90 days after the end of the 30-day period as allowed under this section.
(Code 1994, § 22-79; Ord. of 6-1-2004, § 4)
Sec. 22-105. - Lien on property.#
(a)
The fee imposed is a lien on the residential property to which there have been an excessive number of police responses.
(b)
The lien becomes effective upon the recording of a notice of the lien that describes the residential property that is the subject of the lien, states the amount of fees for which the lien has been recorded, and states that the lien has been recorded pursuant to this section.
(Code 1994, § 22-80; Ord. of 6-1-2004, § 5)