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Footnotes:
--- (5) --- State Law reference— Rhode Island Housing Maintenance and Occupancy Code, G.L. 1956, § 45-24.3-1 et seq.
DIVISION 1. - HOUSING#
Sec. 4-131. - Establishment of enforcement agency.#
The building inspector of the town is hereby designated to enforce and administer the powers and duties authorized in this article. The building inspector is hereby authorized to make such rules and regulations as may be consistent with the proper enforcement of this article.
(Code 1967, § 17-3)
Sec. 4-132. - Housing board of review.#
(a)
The zoning board of review of the town is hereby designated as the housing board of review to hear any appeals from decisions of the building inspector.
(b)
The housing board of review of the town shall be governed by the following procedure:
(1)
The board shall keep minutes of its proceedings, showing the vote upon each question, and shall keep records of its decisions and findings and the reasons therefor, and of its examinations and other official actions, all of which shall be filed immediately in the office of the board and shall be a public record.
(2)
Appeals to the board may be taken by any person upon whom a compliance order has been issued by the enforcing officer. The period in which such appeal may be taken shall be prescribed by ordinance or by the rules of the board. Such appeals shall be filed with the board and shall specify the grounds thereof. The board shall immediately transmit a copy of the appeal to the enforcing officer. Upon receipt by the enforcing officer of the appeal, he shall forthwith transmit to the board all the papers constituting the record upon which the compliance order was based.
(3)
An appeal shall stay all proceedings in furtherance of the action appealed from unless the enforcing officer from whom the appeal is taken certifies to the board after notice of the appeal has been transmitted to him that, by reason of facts stated in the certificate, a stay would, in his opinion, cause a serious hazard or immediate peril to the health or safety of the occupants of a dwelling or of the public. In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by a court of competent jurisdiction on application therefor and upon notice of the enforcing officer from whose order the appeal is taken and on due cause shown.
(4)
The board shall fix a reasonable time for the hearing of the appeal, give due notice thereof to the party making the appeal and the enforcing officer and decide the same within a reasonable time. At the hearing any party may appear in person or by agent or attorney.
(5)
All hearings of the board shall be open to the public.
(c)
The housing board of review shall have the following powers:
(1)
The housing board of review shall have the power to hear and decide appeals where it is alleged that there is error in any order, requirement, decision or determination made by an enforcing officer in the enforcement of this article or any ordinance, rule or regulation adopted pursuant to the authority hereof.
(2)
Where, by reason of an extraordinary and exceptional condition or situation unique to the property involved, the strict application of any ordinance, rule or regulation adopted pursuant to the authority hereof would result in peculiar and exceptional difficulties to, or exceptional and undue hardship upon, the person upon whom a compliance order has been issued, the housing board of review shall have the power to vary from such strict application to the least extent necessary to relieve such difficulties or hardship, provided such relief may be granted without substantial detriment to public health, safety, impairment of the intent and purpose of the ordinance, rule or regulation.
(3)
In exercising the abovementioned powers, the board may in conformity with the provisions of this article reverse or affirm wholly or partly, or may modify any order, requirement, decision or determination of the enforcing officer and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the enforcing officer from whom the appeal was taken.
(4)
In order to hear an appeal, a quorum of three (3) members of the board must be present. A concurring vote of a majority of the members of the board present at the hearing shall be necessary to reverse or modify any order or decision of the enforcing officer and to authorize a variance or modification in the application of any provisions of any ordinance, rule or regulation adopted pursuant to the authority hereof. In the event of a tie vote the order of the enforcing officer shall be deemed to be sustained. Except as provided by the state law, the findings of the board shall be conclusive with respect to questions of fact and may be reviewed only as to question of law.
(Code 1967, § 17-4)
State Law reference— Housing board of review, G.L. 1956, § 45-24.2-5.
Sec. 4-133. - Transfer of ownership, etc., after notice of violation.#
It shall be unlawful for the owner of any dwelling which has been found by the enforcing officer to be unfit for human habitation to sell, transfer, mortgage, lease or otherwise dispose thereof until the conditions causing the dwelling to be unfit for human habitation have been corrected or until such owner has furnished the intended grantee, mortgagee or lessee a true copy of the order and has notified the enforcing officer in writing of his intent to transfer, sell, mortgage, lease or otherwise dispose of such dwelling. The transferee, mortgagee or lessee who has received actual notice or constructive notice shall be bound by such order on the date of such transfer, mortgage or lease without service of further notice upon him by the enforcing officer.
Sec. 4-134. - Penalty for violation.#
Any person who shall violate any of the provisions of this article or any rule or regulation passed pursuant to the authority hereof shall be punished, upon conviction, in accordance with section 45-24.3-18 of the General Laws.
(Code 1967, § 17-6)
DIVISION 2. - PROPERTY MAINTENANCE AND HOUSING STANDARDS#
Sec. 4-135. - Unlawful acts.#
(a)
Public nuisance. It shall be unlawful for any person to violate the terms of this chapter by maintaining a building, structure or surrounding property as a public nuisance or otherwise in a condition adverse to the public health, safety and welfare.
(b)
Sanitary maintenance of premises. It shall be unlawful for any owner of any lot, parcel or tract of land within the town to permits rubbish, trash, debris, dead trees or other unsightly or unsanitary matter to remain thereon.
(Ord. of 7-8-2014)
Sec. 4-136. - Notice.#
(a)
Upon a finding by the enforcement officer that a property within the town is in such condition as to be in violation of the requirements of section 4-135, he or she shall give notice thereof to the owner of such property to comply with the requirements of this chapter within a reasonable time, not to exceed thirty (30) days after service of the notice.
(b)
Such notice shall be in writing and contain:
(1)
A statement of the enforcement officer's findings as to violations;
(2)
A statement listing any and all specific violations of this chapter; and
(3)
A description of the property where the alleged violation is occurring.
(c)
Such notice may be given personally or by certified or registered mail, addressed to the owners or listed agent(s) of the property described, as their name(s) and last known address(es) are shown upon the records of the tax assessor. Service of such notice shall be deemed complete and sufficient when so addressed and deposited in the Unites States Mail with proper postage prepaid.
(Ord. of 7-8-2014)
Sec. 4-137. - Procedure upon failure to achieve notice.#
Should the enforcement officer not be able to effect service as set forth in section 4-136 within a reasonable time, and has kept a log and proof of the failure, he or she shall cause a public notification to be advertised in a local newspaper of general distribution in the town for three (3) successive weeks. After the third week of advertisement, proper notice shall be deemed to have been provided. Such notice shall include the address, plat and lot number of the property, the name of the property owner as listed in the records of the tax assessor, the conditions creating the violation or public nuisance, and corrective action to be taken to eliminate the violations or public nuisance.
(Ord. of 7-8-2014)
Sec. 4-138. - Recorded notice of violation; appeals.#
Upon failure of the owner of the premises found in violation of this chapter to remedy the conditions existing in violation of the requirements thereof within the time listed on the original notice, the enforcement officer shall re-inspect the property. If, upon re-inspection, the violations have not been corrected, the enforcement officer shall draft a second notice which constitutes a notice of violation ("NOV"). This NOV shall be an order to correct the violations within a reasonable time, not to exceed thirty (30) days. The enforcement officer shall comply with the notice provisions set forth in section 4-136 for the NOV. The owner may appeal the notice of violation to the municipal court within the term set forth for compliance in the NOV. After thirty (30) days has elapsed, the NOV shall become a final order, unless the owner has provided notice that he or she has remedied the violation or unless he or she has appealed the NOV to the municipal court. The enforcing officer shall record the NOV on the owner's property in the Land Evidence Records for the Town of Warren at the end of the compliance period set forth in the NOV or when a final order from the municipal court has entered.
Sec. 4-139. - Correction by the town; lien for expenses; action in municipal court.#
Upon failure of the owner of the premises found in violation of this chapter to remedy the conditions existing in violation of the requirements thereof, then the enforcement officer shall file an action in the municipal court to enjoin the owner of the property from continuing the violation and seek recovery of fines against the owner or proceed to have such conditions remedied by the town, and the cost thereof shall be and become a lien against such property to the same extent and character as the lien for real estate taxes and with the same penalties and interest and with the same rights of collection, foreclosure, sale an forfeiture as obtained for tax liens.
(Ord. of 7-8-2014)
Sec. 4-140. - Filing of lien.#
Upon the making of a final order as set forth in the provisions of this chapter, or upon order of the municipal court, the enforcement officer shall deliver a certified copy of the lien and the notice of the violation to the town clerk, and the town clerk shall place the same in the Land Evidence Records of the Town of Warren as a lien against the property described therein. It shall also be the duty of the enforcement officer to file such other and further certificates as to work done and amounts due and/or paid as the circumstances may require.
(Ord. of 7-8-2014)
Sec. 4-141. - Emergency repairs; lien for emergency repairs.#
Upon a finding by the enforcement officer that the violation(s) on the property constitute(s) an immediate threat to the health, safety and welfare of the inhabitants and the public, and the owner has failed to comply with an order to repair, board, or demolish a building or structure as required by the enforcement officer pursuant section 4-136, the enforcement officer may order the work done by the town and/or its employees or agents. Reasonable costs incurred in the performance of said work shall be recoverable against the owner and shall be a lien against the property in accordance with R.I.G.L. §§ 23-27.3-125.6 and 23-27.3-125.7. This section is also applicable to abandoned property and buildings.
(Ord. of 7-8-2014)
Sec. 4-142. - Definitions.#
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:
Abandon/abandonment/abandoned shall be defined as existing where the owner of a building or premises has, by action or inaction, failed to correct a serious health and/or safety violation at a building or the surrounding property. A serious health and/or safety violation may be found, by way of example only and without limitation, where the health, safety and welfare of the community is or may be found, by way of example only and without limitation, where the health, safety and welfare of the community is or may be at risk due to conditions such as: (1)
Where a building is vacant. However, vacancy is not necessarily to be considered a prerequisite to a finding of abandonment.
(2)
Where there exists a lack of maintenance of a building or grounds which actually or potentially poses a risk to the public health, safety or welfare.
(3)
Where a building is not structurally sound or where the building or its interior is otherwise unfit for healthy or safe habitation or access.
(4)
Where vandalism at the property has gone unrepaired.
(5)
Where a lack of maintenance or use of the property promotes a degradation of the surrounding community, affecting the public health, safety and welfare.
Building shall mean any structure, as defined in chapter 32, Zoning Ordinance of the Town of Warren, which is used or intended to be used for residential or any other use.
Enforcement officer shall mean the Building Official of the Town of Warren.
Public nuisance shall mean a building or property which constitutes a menace to the public health, welfare, or safety, or which is structurally unsafe, unsanitary, or not provided with adequate and safe ingress and egress, or which constitutes a fire hazard, or which may otherwise be dangerous to human safety, or which, in relation to existing uses, constitutes a hazard to the public health, welfare or safety by reason of inadequate maintenance, dilapidation, obsolescence or abandonment.
Rubbish, trash, and debris shall mean all forms of solid wastes, including garbage, ashes, street cleanings, dead animals, abandoned automobiles, paper, cardboard, tin cans, yard waste, wood, glass, scrap metal, bedding, crockery, refrigerators, stoves, appliances and similar materials.
(Ord. of 7-8-2014)
Sec. 4-143. - Violations and penalties.#
Any person violating any of the provisions of this chapter, upon conviction thereof, shall be punished by a fine not exceeding fifty dollars ($50.00), and each and every day such violation continues shall constitute a separate offense.
(Ord. of 7-8-2014)
DIVISION 3. - RENT CONTROL#
Sec. 4-144. - Legislative findings and intent.#
(a)
The town council of the Town of Warren, Rhode Island, finds:
(b)
The Constitution of the State of Rhode Island, Article XIII, Section 2, grants to the town the power to "enact and amend local laws relating to its property, affairs and government" as long as such local laws are consistent with the constitution and laws enacted by the general assembly. This delegation of power includes the police power to enact reasonable legislation to regulate and supervise rental dwellings in order to protect the public health, safety, and welfare.
(Ord. of 02-14-2023(1), § 1)
Sec. 4-145. - Definitions.#
(a)
Words and phrases used in this division shall have the following meanings, unless otherwise clearly indicated by the context:
Bedroom means a "sleeping room" as set forth in the current version of the Rhode Island Building Code SBC-1. Only a room meeting the definition of "sleeping room" in said code and complying with all provisions therein related to square footage, private accessibility, window specifications, and ventilation shall be considered a bedroom for the purposes of this division.
Dwelling unit means a structure or portion thereof providing complete, independent living facilities for one (1) or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation, and containing a separate means of ingress and egress.
Local representative means a person designated on a registration form filed under this division as the person authorized to receive any process, notice or demand required or permitted to be served upon the owner of the premises. A local representative may, but need not, also serve as property manager.
Registrar means the Warren Building Official.
Renter and/or tenant means any and all individuals occupying a dwelling unit under the terms of a short-term rental lease, including any and all guests of tenants.
Short-term residential lease means a lease or other contractual arrangement for the occupation of a dwelling unit for a term of thirty (30) nights or less; provided, however, that this term does not include an extension, including a month-to-month extension, granted without an intervening period of non- occupancy to tenants currently occupying the premises under a written lease for a term of more than thirty (30) nights.
(b)
Unless otherwise defined in this section, words and phrases shall have the meaning stated in article 23 of the Zoning Code if defined therein.
(c)
All words and phrases in this division, whether or not defined in this section or the Zoning Code, shall be interpreted so as to carry out the council's intent as stated in section 4-144.
(Ord. of 02-14-2023(1), § 2)
Sec. 4-146. - Applicability.#
The provisions of this division shall apply to all residential property except (1) hotels and motels/bed and breakfasts that have acquired a special use permit in accordance with the requirements of the zoning ordinance, and (2) group homes, community residences, family day care homes, and congregate housing.
(Ord. of 02-14-2023(1), § 3)
Sec. 4-147. - Registration and inspection required.#
(a)
All dwelling units which are let, leased, rented, or otherwise occupied, in whole or in part, by a tenant for residential and/or dwelling purposes for a period of thirty (30) nights or less under a short-term residential lease shall be registered by the record property owner with the registrar before any tenant occupies the premises.
(b)
Each dwelling unit shall have an annual registration. The dwelling unit shall be subject to inspection by the building official or their designee and the fire marshal or fire chief. The purpose of the inspection is to determine the occupancy limit of the unit pursuant to section 4-152 of this division and to ensure compliance with applicable life safety codes.
(Ord. of 02-14-2023(1), § 4)
Sec. 4-148. - Registration form.#
The rental registration form shall indicate the tax assessor's plat and lot number, address of the rental dwelling unit, the number of rental dwelling units therein, the name and permanent mailing address of the record owner and of their local representative (if any), a parking plan, and the usual period of occupancy by tenants (monthly, weekly, or other).
(Ord. of 02-14-2023(1), § 5)
Sec. 4-149. - Registration term.#
A short-term residential registration shall be valid from December 1 to the following December 1, except that an initial registration filed after December 1 shall be valid from the date of registration until the following December 1.
(Ord. of 02-14-2023(1), § 6)
Sec. 4-150. - Filing requirement.#
On or before December 1 of each year, the record owner of a dwelling unit subject to this division shall file a rental registration form with the registrar and pay the registration fee.
(Ord. of 02-14-2023(1), § 7)
Sec. 4-151. - Fee.#
The fee for registering dwelling units under this division shall be one hundred dollars ($100.00) per year per unit.
(Ord. of 02-14-2023(1), § 8)
Sec. 4-152. - Occupancy limits, registration limits and parking requirements.#
(a)
The maximum occupancy for the dwelling unit shall be two (2) persons per bedroom. The maximum occupancy may be further limited by the requirements of division (b) below. For the purpose of establishing occupancy, a person is defined as an individual at least twelve (12) years of age; provided however, that in no event shall the occupancy of a dwelling exceed the occupancy load as defined in the current version of the Rhode Island Building Code SBC-1, which requires a floor area of two hundred (200) gross square feet per occupant; fractions shall be rounded down to the next lower whole number; and provided further, that in no event shall the occupancy of a dwelling exceed the design load of the property's septic system and/or well if applicable.
(b)
One (1) off-street parking space shall be provided on the same lot on which the short-term rental is located for each dwelling unit. All parking spaces required hereunder shall not be located on any lawn area. A parking plan shall be submitted with the registration form. Owners unable to meet this requirement may apply to the town council for a waiver in accordance with section 4-157 of this division.
(c)
Multi-family or mixed-use structures containing two- to five- dwelling units may not utilize more than fifty percent (50%) of such units as Short Term Rentals (STR) in accordance with the following chart:
2 Dwelling Unit Structure 1 Dwelling Unit allowed as STR
3 Dwelling Unit Structure 1 Dwelling Unit allowed as STR
4 Dwelling Unit Structure 2 Dwelling Units allowed as STR
5 Dwelling Unit Structure 2 Dwelling Units allowed as STR
(d)
Total registrations within the town shall be capped at one hundred and twenty-five (125). This number shall be reviewed from time to time by the town council based on demand and experience.
(Ord. of 02-14-2023(1), § 9)
Sec. 4-153. - Owner's obligations.#
(a)
Required lease terms. All short-term residential leases shall have as an attachment a copy of the applicable short-term rental permit for the premises, and contain the following provisions, either as worded below or in substantially similar language:
The following provisions are required by law to be a part of this lease. In these provisions, "you" and "your" mean each tenant under this lease. (1)
The legal occupancy of this dwelling unit is limited by town ordinance and may not exceed the number of persons aged at least twelve (12) years of age set forth on the short-term rental permit attached hereto. Exceeding said occupancy limit is a violation of this division and is subject to a fine of up to one thousand dollars ($1,000.00) per day.
(2)
If you sublet any portion of the premises, you become subject to the requirements of the short-term residential leases ordinance, including the requirement to register the subleasing at the town hall. Allowing a person who is not a tenant to stay one (1) or more nights on the premises in exchange for money or anything else of value constitutes a sublease.
(3)
As the tenant under a short-term residential lease, you may be held legally responsible for any violations of law committed by you or by your guests while at the premises, including violations of the ordinances pertaining to noise, keeping dogs on a leash, parking, trash maintenance and disposal, and dwelling occupancy limits. In addition, if you are charged with a violation pertaining to legal occupancy, excessive noise, or other disturbance of the peace, you may be subject to immediate eviction under G.L. 1956, § 34-18-36(f).
(b)
In addition to the foregoing mandatory provisions, the record owner may include in the lease a provision restricting or prohibiting any subleasing of the premises.
(c)
Posting ordinances. The record owner shall post, in plain view and in a conspicuous place within the rental dwelling unit, a notice containing:
(1)
The full text of ordinances pertaining to noise, keeping dogs on a leash, parking, trash maintenance and disposal, and dwelling occupancy limits, and any other ordinance which the council may deem appropriate from time to time. Printed form notices shall be available at the office of the registrar.
(2)
The maximum number of occupants permitted to stay in the dwelling, and notice that failure to conform to the occupancy limit is a violation of this Code and is subject to a fine of up one thousand dollars ($1,000.00) per day.
(3)
The name and telephone number where the record owner can be reached.
(4)
Where applicable, the name of the record owner's local representative and a telephone number where the local representative may be reached.
(5)
The number and location of onsite parking spaces or a parking plan; and
(6)
The telephone number and website address for the town police department.
(7)
Trash pickup requirements, including the location of trash cans.
(d)
Tenant information. Record owners who rent a dwelling unit under a short-term residential lease shall:
(1)
At the beginning of the lease term obtain from each tenant accurate and up-to-date information, including the names, home addresses and phone numbers of the tenants, and the date of the rental period.
(2)
Maintain this information throughout the term of the lease and for ninety (90) days thereafter; and
(3)
Make this information available to town officials who are lawfully investigating or prosecuting any offense reasonably believed to involve one or more of the tenants. Failure of the record owner to maintain or provide this required information shall constitute a violation of this division.
(Ord. of 02-14-2023(1), § 10)
Sec. 4-154. - Tenant's obligations.#
In addition to obeying the law generally, tenants under short-term residential leases are specifically required to adhere to the following requirements imposed by this division: (a)
The occupancy limits and parking requirements imposed by section 4-152.
(b)
The duty to furnish accurate and up-to-date information to the record owner at the beginning of the lease term, and to notify the record owner of any changes to this information occurring during the lease term, as required by section 4-153(d).
(c)
As the renter under a short-term rental lease, you may be held legally responsible for any violations of law committed by you or by your guests while at the premises, including violations of the ordinances pertaining to noise, keeping dogs on a leash, parking, trash maintenance and disposal, and dwelling occupancy limits. In addition, if you are charged with a violation pertaining to legal occupancy, excessive noise, or other disturbances of the peace, you may be subject to immediate eviction.
(Ord. of 02-14-2023(1), § 11)
Sec. 4-155. - Local representative.#
(a)
The record owner shall designate on the registration form an individual who permanently resides within the county, or a property manager with a physically staffed office within the county, as the record owner's local representative, who shall be authorized to receive any process, notice or demand required or permitted to be served upon the owner of the premises. The record owner may be designated as the local representative if they reside within the county.
(b)
The local representatives must be authorized by the record owner to respond to tenant and neighborhood questions or concerns. The local representative shall serve as the initial contact person if there are questions or complaints regarding the use of the dwelling for short term rentals. The local representative shall respond to those complaints within two hours to ensure that the use of the dwelling complies with the requirements of this division, as well as all other applicable town ordinances pertaining to parking, noise, disturbances, or nuisances, as well as state law pertaining to the consumption of alcohol and/or the use of illegal drugs.
(c)
The failure of the local representative to respond to town police department inquiries in a timely manner more than twice during the term of the annual permit shall be considered a violation of this division.
(d)
The record owner may change the designation of the local representative from time to time by filing an amended permit application including the name, address and telephone number of the new local representative. Failure to notify the town of any change in the local representative shall constitute a violation of this division.
(Ord. of 2-14-2023(1), § 12)
Sec. 4-156. - Enforcement; penalty for violations.#
(a)
Violations of this division shall be enforceable through issuance of citations by either the police department or the building/code enforcement official. Violations shall be dealt with at the next housing court session following the violation. Pre-trial pleas may be accepted, and action taken at the initial hearing unless the person cited seeks a trial before the judge.
(b)
Any violation of the provisions of this division shall be subject to a fine of not less than five hundred dollars ($500.00) and not more than one thousand dollars ($1,000.00) per day for each day the violation continues.
(c)
All fines are due and payable within seven (7) days of notice. If such fines are not paid within seven (7) days of notice, the town council or their delegate may impose a five hundred dollar ($500.00) per day late fee imposed in addition to the fine. If such fines are not paid within sixty (60) days of notice, the town solicitor shall initiate proceedings necessary to have the fines recorded as a lien against the subject premises.
(d)
Suspension or revocation of registration. Whenever the town council determines that the suspension or revocation is reasonably necessary to abate violations of this division, the town council may suspend or revoke the right of a property owner to engage in short-term rentals at the subject location.
(Ord. of 2-14-2023(1), § 13)
Sec. 4-157. - Waiver.#
The town council may, upon good cause shown, waive licensing requirements of this division consistent with public health, safety, and welfare.
(Ord. of 2-14-2023(1), § 14)
DIVISION 4. - AFFORDABLE HOUSING ADVISORY COMMITTEE#
Sec. 4-158. - Affordable housing advisory committee.#
(a)
There shall be an affordable housing advisory committee consisting of five (5) members appointed by the Town Council for a term of two (2) years. The affordable housing advisory committee shall serve as an advisory board to the town council.
(b)
The affordable housing advisory committee shall:
(1)
Review the town's comprehensive plan on an as needed basis and recommend amendments to the town council to achieve the goal that ten (10) percent of Warren's housing stock shall be affordable as defined by Rhode Island Housing.
(2)
Advise the town council on ways and means to make housing affordable to Warren residents.
(3)
Identify suitable properties for development as affordable housing and make recommendations to the town council regarding suitable development thereof.
(4)
Perform any other review regarding affordable housing as may be assigned to the affordable housing advisory committee from time-to-time by the town council.
(Ord. of 8-13-2024)