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Footnotes:
--- (5) --- Cross reference— Administration, ch. 2.
Sec. 4-91. - Inspection of nonresidential structures and dwellings generally.#
The chief inspector is hereby authorized and directed to make inspections to determine the condition of nonresidential structures, dwellings, dwelling units, rooming units and the premises thereof in order that he may perform the duty of safeguarding the health, safety and welfare of the occupants of dwellings and of the general public. For the purpose of making such inspections the chief inspector is hereby authorized to examine and survey between the hours of 8:00 a.m. and 5:00 p.m. all nonresidential structures, dwellings, dwelling units, rooming units and the premises thereof. The chief inspector and the owner, occupant, or other person in charge of nonresidential structures, dwellings, dwelling units, rooming units, may agree to an inspection by appointment at a time other than the hours provided in this section.
(Rev. Ords. 1987, § 4-91)
Sec. 4-92. - Right of access for inspection.#
The owner, operator or occupant of every nonresidential structure, dwelling, dwelling unit or rooming unit or the person in charge thereof shall give the chief inspector free access to such nonresidential structure, dwelling, dwelling unit or rooming unit and the premises thereof between the hours of 8:00 a.m. and 5:00 p.m. for the purposes of inspection, examination and survey. Every occupant of a nonresidential structure, dwelling, dwelling unit or rooming unit shall give the owner or operator thereof or any person designated by the owner or operator access to any part of such nonresidential structure, dwelling unit or rooming unit and the premises thereof between the hours of 8:00 a.m. and 5:00 p.m. for the purpose of examination and for making such repairs or alterations as are necessary to effect compliance with the provisions of this article or with any rule or regulation adopted pursuant thereto or with any notice of violation pursuant to the provisions of this article. The chief inspector and the owner, occupant, or other person in charge of nonresidential structures, dwellings, dwelling units, rooming units, may agree to an inspection by appointment at a time other than the hours provided in this section.
(Rev. Ords. 1987, § 4-92)
Sec. 4-93. - Notice of violation generally.#
Whenever the chief inspector determines that there are reasonable grounds to believe that there is a violation of any provision of this article or of any rule or regulation adopted pursuant thereto, he shall give notice of such alleged violation to the person responsible therefor as hereinafter provided. Such notice shall be in writing, shall set forth the alleged violation, shall describe the nonresidential structure, dwelling, dwelling unit or rooming unit where the violations are alleged to exist or to have been committed and a reasonable time to correct it and shall be served upon the owner, operator or occupant, as the case may require. Such notice of violation shall be deemed to be properly served upon such owner, operator or occupant if a copy thereof is served upon him personally, if a copy thereof is sent by registered mail or certified mail, return receipt requested, to the last known address of such person. If one or more persons to whom the notice is addressed cannot be found after diligent effort to do so, service may be made upon the person or persons by posting a notice in or about the nonresidential structure, dwelling, dwelling unit or rooming unit described in the notice, or by causing the notice to be published in a newspaper of general circulation, for a period of three consecutive days.
(Rev. Ords. 1987, § 4-93)
Sec. 4-94. - When second notice of violation to become a compliance order; service of compliance order.#
At the end of ten days, the chief inspector shall reinspect the nonresidential structure dwelling, dwelling unit or rooming unit described in the notice. If upon reinspection the violations alleged are determined by the chief inspector not to have been corrected, he shall issue a second notice of violation on which shall constitute an order requiring that the then existing failures to meet the requirements of any provision of this article or of any rule or regulation adopted pursuant thereto, shall be corrected within ten days after the date of the reinspection, if the person served with the second notice does not petition for a hearing on the matter in the manner hereinafter provided. The second notice of violation shall inform the person to whom it is directed of his rights to apply for a hearing before the chief inspector and the procedure by which application for such hearing shall fulfill the requirements for service of the notice of violation. The chief inspector shall cause a copy of the second notice to be posted in a conspicuous place in or about the nonresidential structure, dwelling, dwelling unit or rooming unit where the violations are alleged to exist, and shall serve it in the manner provided in this section. The chief inspector, after the expiration of time granted the person served with the second notice to seek a hearing in the manner hereinafter provided by this chapter or by a court of competent jurisdiction to which an appeal has been taken, shall cause the second notice to be recorded in the office of the recorder of deeds. The notice shall state that a cumulative civil penalty as provided by state law has been imposed. Except as otherwise provided in this section, no notice and lien recorded under this chapter shall be released until the violation has been abated and the penalty imposed, as provided for in this section has been paid.
(Rev. Ords. 1987, § 4-94)
Sec. 4-95. - Issuance of immediate compliance order.#
Whenever the chief inspector of any stage of any proceedings instituted under the provisions of this article finds that there exists a violation of this article, which in his opinion requires immediate action to abate a direct hazard or immediate peril to the health, safety or welfare of the occupants of a nonresidential structure or dwelling or of the public, he may without prior notice of violation of hearing issue an immediate compliance order reciting the existence of such violation and requiring that such action be taken as he deems necessary to alleviate the violation, which may include an order to vacate as provided in section 4-409. Notwithstanding the other provisions of this article, the immediate compliance order shall be effective immediately upon its service or in such time as the chief inspector shall under the circumstances deem reasonable, necessary and proper, and any person upon whom such an immediate compliance order is served shall comply therewith immediately or otherwise as such order may specify. Such person shall have the right to appeal to the housing board of review as provided in sections 4-96 through 4-99, and such appeal shall be given priority and conducted as soon as possible and as provided for in sections 4-96 through 4-100.
(Rev. Ords. 1987, § 4-95)
Sec. 4-96. - Appeals from compliance orders generally—Authorized.#
Any person upon whom a compliance order has been served may appeal from the compliance order to the property standards board of review.
(Rev. Ords. 1987, § 4-96)
Sec. 4-97. - Same—Application.#
Application for such an appeal may be made whenever it is alleged that the compliance order does not conform with the true intent of this article or of the rules and regulations adopted pursuant thereto, that the compliance order is contrary to law, that the provisions of this article do not fully apply or that in unusual conditions unnecessary hardship will result from the literal enforcement of article provisions. Any eligible person desiring to make an appeal shall file in the office of the board within ten days after service of the compliance order a written appeal including a brief statement of the reasons therefor, and a copy of such appeal shall be forwarded immediately to the chief inspector.
(Rev. Ords. 1987, § 4-97)
Sec. 4-98. - Same—Fee.#
An appeal fee of $25.00 shall be paid upon filing of any application for an appeal before the property standards board of review. Upon receipt of the appeal fee by the board, the fee shall be paid into the city treasury.
(Rev. Ords. 1987, § 4-98)
Sec. 4-99. - Same—Effect.#
An appeal to the board shall stay all proceedings under the compliance order from which such appeal has been taken, except that the chief inspector may certify to the board after the receipt of the notice of the appeal as provided in section 4-97, that by reason of the facts stated in the certificate, any stay or proceedings would in his opinion cause a direct hazard or immediate peril to the health or safety of the occupants of a nonresidential structure or dwelling or of the public and in such event proceedings shall not be stayed, except by a stop order granted by the chair or the acting chair of the board on application therefor by the appellant upon notice to the chief inspector and due cause shown or by a restraining order granted by a court of competent jurisdiction. Whenever a stop order has been issued, the appeal shall be given priority over all matters before the board and shall be promptly heard and decided.
(Rev. Ords. 1987, § 4-99)
Sec. 4-100. - Same—Court review.#
(a)
Any person, including the chief inspector, aggrieved by a decision of the property standards board of review may appeal a decision to the district court encompassing the area wherein the real estate is located. Appeal shall be made by filing a complaint with the court stating the facts upon which the appeal is based and setting forth the reasons for the appeal. The complaint shall be filed within 30 days after mailing notice of the final decision of the board, and copies of the complaint shall be served upon the board and all other parties of record in the manner prescribed by applicable procedural rules of the district court. All proceedings instituted in the name of the city shall be exempt from the payment of the district court filing fees.
(b)
A party aggrieved by any judgment of the district court may seek further review by the supreme court in the manner prescribed by G.L. 1956, § 8-8-3.2(b).
(Rev. Ords. 1987, § 4-100)
Sec. 4-101. - Repair, etc., by chief inspector upon failure of violator to comply with immediate compliance order; recovery of costs.#
(a)
Whenever any violation of this article which in the opinion of the chief inspector causes a direct hazard or immediate peril to the health, safety or welfare of the occupants of a nonresidential structure or dwelling or of the public has not been corrected in the time specified by the immediate compliance order, he may, subject to the provisions of section 4-99, take such direct action as is necessary to alleviate the violation causing the direct hazard or immediate peril, provided that the cost of the repairs and action will not exceed 50 percent of the fair market value of the structure to be repaired.
(b)
Notice of the intention to make repairs or take other corrective action shall be served upon the owner, operator, or agent pursuant to section 4-93. Every owner, operator, or agent of a nonresidential structure, dwellings, dwelling unit or rooming unit, who has received notice of the intention of the chief inspector to make repairs or take other corrective action, shall give entry and free access to the agent of the chief inspector for the purpose of making repairs.
(c)
Any owner, operator, agent, or occupant of a nonresidential structure, dwellings, dwelling unit or rooming unit, who refuses, impedes, interferes with, hinders, or obstructs entry by the agent pursuant to a notice of intention to make repairs or take other constructive action, shall be subject to a civil penalty of $25.00 for each failure to comply with this section.
(d)
When certified by the chief inspector, the costs incurred in the execution of the immediate compliance order shall be paid out of the city treasury from funds made available for such purposes to the chief inspector.
(e)
The owner, operator or occupant of the nonresidential structure, dwelling, dwelling unit, rooming unit or the premises thereof who is responsible for the immediate compliance shall be served a notice stating the amount of the expenses incurred by the chief inspector in executing the immediate compliance order. Such notice shall be served in the manner provided in section 4-93.
(f)
Such expenses shall be paid for by the responsible person on whom the notice is served, and unless the expenses are paid within 30 days after such notice is served, the chief inspector shall certify the expenses to the city solicitor who shall institute appropriate action against such person for the recovery of such expenses. In every case, certified expenses shall be the costs necessary to perform the required work as expeditiously as possible, together with ten percent service charge in the addition thereto.
(Rev. Ords. 1987, § 4-101)
Sec. 4-102. - Hearing upon notice of violation.#
(a)
Authorized; request. Any person affected by any notice of violation that has been issued in connection with the enforcement of any provision of this article or any rule or regulation adopted pursuant thereto may request and shall be granted a hearing before the chief inspector after such person shall file in the office of the chief inspector a written request for such hearing setting forth a brief statement of the grounds therefor, designating the person and his address upon whom any notices and orders may have been served and why such endorsement or compliance should not be effected. If this request is filed within ten days after the service of the notice of violation, compliance with the notice shall not be required while the hearing is pending. On receipt of such request, the chief inspector shall set a time and place for such hearing and shall give the applicant at least five days' written notice thereof. At such hearing the applicant shall be given an opportunity to show cause why such notice of violation should be modified or withdrawn.
(b)
Findings. After a hearing held in accordance with the provisions of subsection 4-102(a) and on consideration of the evidence presented, the chief inspector shall sustain, modify or withdraw the notice. If the chief inspector by his decision sustains or modifies the notice, such decision shall be deemed a compliance order. Such compliance order shall be served on the person whom the chief inspector shall find to be responsible for the violation and in the manner provided by section 4-94.
(c)
Record. The chief inspector shall keep a record of the hearing which shall include a copy of the notice of violation, the request for hearing, entries of appearance, findings of fact, if any, the decision of the chief inspector and a copy of any compliance order issued in connection therewith, and such record shall be maintained as a public record.
(Rev. Ords. 1987, §§ 4-102—4-104)
Sec. 4-103. - Reinspection upon expiration of compliance order.#
At the end of the time period specified in the compliance order or any extension thereof, it shall be the duty of the chief inspector to make a reinspection of the nonresidential structure, dwelling, dwelling unit, rooming unit or the premises thereof, and if the order has not been complied with, the chief inspector shall institute proper legal action or make such further orders as the case may require.
(Rev. Ords. 1987, § 4-105)
Sec. 4-104. - Demolition deemed compliance with compliance order.#
Any owner of a building or dwelling receiving a notice of violation or a compliance order stating that such building or dwelling does not comply with the provisions of this article or of the rules and regulations adopted pursuant thereto may demolish such building or dwelling, and such action shall be deemed compliance; except, such owner shall comply with the state building code rules and regulations regarding the demolition of buildings and dwellings.
(Rev. Ords. 1987, § 4-106)
Sec. 4-105. - Transfer of ownership, etc., after notice of violation; duty of transferee, etc., with notice.#
(a)
All subsequent transferees of the nonresidential structure, dwelling, dwelling unit or rooming unit in connection with which a second notice has been so recorded, shall be deemed to have notice of the continuing existence of the violations alleged, and shall be liable to all penalties and procedures provided by this chapter and by applicable rules and regulations issued pursuant thereto to the same degree as was their transferor.
(b)
It shall be unlawful for the owner of any nonresidential structure, dwelling, dwelling unit or rooming unit upon whom a notice of violation/compliance order has been served to sell, transfer, mortgage, lease or otherwise dispose thereof to another until the provisions of the notice of violation/compliance order have been complied with or until such owner shall first furnish to the grantee, lessee or mortgagee prior to such transfer, lease or mortgage a true copy of any notice of violation/compliance order issued by the chief inspector and at the same time notify the chief inspector in writing the intent to transfer, lease or mortgage either by delivering such notice of intent to the chief inspector and receiving a receipt therefor or by registered or certified mail, return receipt requested, giving the name and address of the person to whom the transfer, lease or mortgage is proposed. A transferee, lessee or mortgagee who has received actual or constructive notice of the existence of a notice of violation/compliance order is bound by such notice of order as of the date of such transfer, lease or mortgage without service of further service upon him.
(Rev. Ords. 1987, § 4-107)
Sec. 4-106. - Recordation of notices and orders.#
Whenever a second notice of violation/compliance order has been issued for a violation of this article or any rule or regulation adopted pursuant thereto, the chief inspector shall file in the office of the recorder of deeds a copy of the notice/order. The notice, once recorded, shall be effective for a period of three years from the date of the recording, and, in the absence of an intervening renewal by the chief inspector, shall cease to be a notice of violation at the expiration of the three-year term. Notices already of record as of June 18, 1985 will, in the absence of an intervening renewal by the chief inspector, cease to be a notice of violation at the expiration of three years.
(Rev. Ords. 1987, § 4-108)
Sec. 4-107. - Reimbursement of fees.#
It shall be incumbent upon the property owner to reimburse the city for any costs incurred as a result of any violation notification(s) as provided for in sections 4-93, 4-94, 4-106, 4-408, 4-415 and 4-416, including, but not limited to charges for publication, recording and/or discharge of notices.
(Rev. Ords. 1987, § 4-109)