Subdivision II. - Responsibilities of Owner and Occupant
Part of the Code of Ordinances of East Providence, RI.
The text
Sec. 4-136. - Applicability of this subdivision.#
The provisions in this subdivision shall pertain to the responsibilities of owners, operators and occupants of dwellings and their premises.
(Rev. Ords. 1987, § 4-136)
Sec. 4-137. - Maintenance of private space.#
Every occupant of a dwelling or dwelling unit shall keep in a clean and sanitary condition that part of the dwelling, dwelling unit and dwelling premises thereof which he occupies and controls.
(Rev. Ords. 1987, § 4-137)
Sec. 4-138. - Maintenance of public space.#
Every owner of a multiple dwelling shall be responsible for maintaining in a clean and sanitary condition the common areas of the dwelling and the premises thereof. Occupants of two-family and three-family dwellings shall share the responsibility for maintaining in a clean and sanitary condition the common areas of the dwelling and premises thereof.
(Rev. Ords. 1987, § 4-138)
Sec. 4-139. - Maintenance of disposal facilities.#
Every occupant of a dwelling or dwelling unit shall dispose of all his garbage and other organic waste which might provide feed for rodents in a clean and sanitary manner by placing it in the garbage disposal facilities or garbage storage containers required by sections 4-161 and 4-162. It shall be the responsibility of the owner to supply such facility or containers for all dwelling units in a dwelling containing four or more dwelling units and for all dwelling units located on premises where four or more dwelling units share the same premises. In all other cases it shall be the responsibility of the occupant to furnish such facilities or containers.
(Rev. Ords. 1987, § 4-139)
Sec. 4-140. - Rodent, vermin, pest, control, extermination, etc.#
(a)
Every occupant and owner of a dwelling shall be jointly and severally responsible for the extermination of any rodents, vermin or other pests therein or on the premises.
(b)
Any property owner who allows the overgrowth of land so as to permit the creation or continuation of harborage for rodents, vermin, or other pests shall be deemed to have allowed an unsanitary condition and a nuisance and such overgrowth shall be deemed to be an unsanitary condition and a nuisance. "Overgrowth" shall mean the growth of weeds or of other ground cover to a height of six inches or more and which is generally considered undesirable.
(c)
The owner of any premises which allows said premises to be infested by rodents or other vermin shall be deemed to have created an unsanitary condition and a nuisance. Premises shall be rebuttably deemed to be "infested by rodents," whenever an inspection of the premises reveals rodent holes, droppings, carcasses or other evidence, that manifests based on the totality of the circumstances, the existence of rodent habitation as opposed to mere rodent trespass. Observations may be made by individuals who, based upon their training and experience, possess sufficient knowledge of animal behavior so as to discriminate between evidence of rodent infestation from evidence of activity by animals other than rodents. Upon determination that any such premises are rodent infested, the director of public works or his or her designee shall order the abatement of the same within 72 hours. In the event that such abatement does not occur, or that the owner does not otherwise comply with the order of the director, the director shall abate the nuisance and shall lien the premises for the costs of said abatement. Provided, however, in order to facilitate the promotion of the public health, the director may design a program wherein, and upon the execution by the owner of a form of consent within seven days of notification of said nuisance by the director, the director may, at the city's expense, provide required baiting. The director may provide baiting for not more than two instances of rodent nuisance. For the purposes of such a program, execution of form of consent for the initial two instances shall be presumptively deemed to be abatement of the determined nuisance.
(Rev. Ords. 1987, § 4-140; Ch. 785, § I, 9-15-20)
Cross reference— Rodent control generally, § 7-26 et seq.
Sec. 4-141. - Use of screens.#
Every occupant of a dwelling or dwelling unit shall be responsible for the use of all screens whenever such screens are required under the provisions of section 4-180. Such screens are to be supplied by the owner.
(Rev. Ords. 1987, § 4-141)
Sec. 4-142. - Maintenance of plumbing and equipment.#
Every occupant of a dwelling unit shall be responsible for the exercise of proper care and cleanliness in the use and operation of all plumbing fixtures, sanitary facilities, appliances and equipment therein.
(Rev. Ords. 1987, § 4-142)
Cross reference— Utilities, ch. 17.
Sec. 4-143. - Discontinuance of required utilities.#
No owner, operator or occupant shall cause any service, facility, equipment or utility which is required to be supplied by the provisions of this article to be removed from, shut off from or discontinued for any occupied dwelling or dwelling unit except for such temporary interruption as may be necessary when actual repairs or alterations are being expeditiously made or during other temporary emergencies when discontinuance of service is approved by the enforcement officer.
(Rev. Ords. 1987, § 4-143)
Cross reference— Utilities, ch. 17.
Sec. 4-144. - Occupancy of vacant units.#
No person shall occupy as owner-occupant or permit to be occupied by another any vacant dwelling or dwelling unit unless or until it is in good repair and is clean, sanitary, in habitable condition and in full compliance with all provisions of this article and the rules and regulations adopted pursuant thereto.
(Rev. Ords. 1987, § 4-144)
Sec. 4-145. - Heat supply.#
Every owner or operator of a dwelling who permits to be occupied any dwelling unit therein under an agreement, express or implied, to supply or furnish heat to the occupants thereof shall maintain therein from October 1 to May 1 a minimum air temperature level of not less than 67 degrees Fahrenheit at three feet above floor level during an outside air temperature of zero degrees Fahrenheit or above between the hours of 6:30 a.m. and 11:00 p.m. and not less than 60 degrees Fahrenheit between the hours of 11:00 p.m. and 6:30 a.m. in all habitable rooms, bathrooms, toilet rooms and compartments and communicating corridors, provided that when the outside air temperature drops below zero degrees Fahrenheit, heating facilities shall be operated so as to furnish at least the minimum requirements hereof. Whenever heating facilities are incapable of furnishing the minimum requirements hereof at an outside air temperature of below zero degrees Fahrenheit, they shall be operated to full capacity. Whenever a dwelling is heated by means of a central heating facility or other heating apparatus under the control of the owner or operator of the dwelling, such owner or operator in the absence of a written contract or agreement to the contrary shall be deemed to have contracted, undertaken or bound himself to furnish heat in accordance with the provisions of this section. The provisions of this section shall not apply where the failure to maintain such an air temperature level is approved by the enforcement officer because of a general shortage of fuel, any negligent or malicious act of the occupant, while repairs are expeditiously made to the heating equipment or any cause beyond the control of the owner or operator.
(Rev. Ords. 1987, § 4-145)
Sec. 4-146. - Overgrown yard; weeds; leaves; brush and natural debris.#
(a)
Every owner, occupant or person having the care of such residential property or dwelling shall be responsible for dwelling premises that is overgrown with grass, weeds, overgrown vegetation or underbrush, and it shall be the duty of the owner, occupant or any person having the care of such residential property to cut such grass, weeds, vegetation or underbrush to a height not exceeding six inches in order that it may be made safe and convenient. Overgrown vegetation shall mean grass, weeds, and other ground cover which has been allowed to be grown in an uncontrolled manner and are not regularly cared for and maintained. The owner, occupant or any other person having the care of such residential property shall cut such grass, weeds, vegetation or underbrush within three days after receiving notice that he/she is in violation of this section from the chief inspector.
(b)
The owner or occupant of any land upon which there exists natural debris shall cause such natural debris to be removed within three days after receiving notice to do so from the chief inspector. Natural debris shall mean yard clippings, leaves, branches or wood.
(c)
Whenever the owner or occupant fails to comply with an order to remove grass, weeds, overgrown vegetation, underbrush or natural debris and the city inspector determines that such grass, weeds, overgrown vegetation, underbrush or natural debris affect the health, safety and welfare of the surrounding neighborhood by harboring rodents and mosquitoes, by increasing dumping and littering, by creating fire hazards, by creating unsightly and unsanitary debris and by impeding upon the safe passage of pedestrians along sidewalk areas, the inspector may order the removal of the grass, weeds, overgrown vegetation, underbrush or natural debris and access the whole cost incurred for such removal by imposing a lien on the property as provided or authorized by the law for the enforcement of common liens on property. Such lien will be recorded to ensure payment of such costs. The lien will not be removed until the city inspector has been fully reimbursed for the execution of the removal of the grass, weeds, overgrown vegetation, underbrush and natural debris. The owner or occupant will also be subject to a civil penalty of $50.00 for not complying with the order of removal.
(Ch. 277, § I, 9-2-03)