The text
Footnotes:
--- (2) --- Cross reference— Administration, ch. 2.
Sec. 26-31. - Enforcement agency designated.#
There shall be established in the department of building inspection a division of minimum housing standards for the purposes of enforcing the provisions of this chapter and such other matters as may appropriately be assigned to it, and the director of the division of minimum housing standards shall be the enforcing officer of this chapter.
(Code 1971, § 10-16)
Sec. 26-32. - Administration of division of minimum housing standards; delegation of powers by director.#
(a)
The division of minimum housing standards of the department of building inspection shall be operated under the general direction of the building inspector and under the immediate supervision and control of a director of the division appointed by the mayor, subject to the approval of the city council.
(b)
The director of the division may delegate any of his/her powers or duties under the provisions of this chapter to any properly qualified employee of the division.
(Code 1971, § 10-17)
Sec. 26-33. - Technical advisory committee.#
The mayor shall appoint a technical advisory committee to assist the department of building inspection and the division of minimum housing standards in carrying out the duties of enforcing this chapter. The committee shall consist of the city solicitor, the finance director, the director of public works, the chief of the fire department, the building inspector, the director of the planning board, a member of the city council and such other city officials as the mayor may appoint. The building inspector shall act as chairperson of the technical advisory committee.
(Code 1971, § 10-18)
Sec. 26-34. - Reports by director.#
The director of the division shall quarterly submit a written report to the building inspector, the mayor and the city council regarding the activities of the building department and the division of minimum housing standards, and the procedures used in the administration and enforcement of this chapter, which will indicate the progress and problems experienced in improving the sanitation, safety, and rehabilitation of existing dwellings and dwelling premises. The director of the building department shall maintain a written log of daily activities regarding the application of permits and complaints to the division of minimum housing standards. The building department shall log by date, day, time, applicant's name and address, type of permit, noted activities from time of application and final date of issuance of permit.
The director of the division shall maintain a written log of all complaints received by the division (whether in person, by written correspondence, by telephone, or by e-mail), relative to the condition of residential dwellings and dwelling buildings and/or their compliance with the minimum housing code. Minimum housing complaints shall be logged by ward, date, day, time, complaint, name and address of alleged violator, date inspector visits the scene, the date and report of the inspector, the date the letter was sent to the alleged violator, date and answer from the alleged violator, final date and progress of the complaint. Said log shall be maintained as a public record and shall be entered as a computer database searchable by date of complaint, street address, owner's name and by assessor's plat and lot number.
(Code 1971, § 10-19; Ord. No. 09-12, § II)
Sec. 26-35. - Personnel of division of minimum housing standards—Generally.#
The personnel of the division of minimum housing standards shall consist of a director of the division, chief inspector of the division and such other inspectors, clerks, and other personnel as may be necessary for the proper organization of the division and for the proper enforcement of this chapter.
(Code 1971, § 10-20)
Sec. 26-36. - Same—Appointment of chief inspector and other personnel; duties of chief inspector.#
The chief inspector of the division shall be appointed by the director of the division in consultation with the building inspector, subject to the approval of the mayor. The chief inspector shall be the responsible head of the inspection staff and shall exercise such authority as shall be delegated to him/her by the director of the division. All other personnel of the division shall be appointed by the division director in consultation with the building inspector.
(Code 1971, § 10-21)
Sec. 26-37. - Hearing officer.#
The director of the division shall be the hearing officer of the division and as such shall be responsible for the scheduling, conducting and recording of hearings as provided for in this chapter; except that the director of the division may delegate these duties to the chief inspector or any other qualified employee of the division.
(Code 1971, § 10-22)
Sec. 26-38. - Identification of inspectors.#
Inspectors of the division of minimum housing standards shall wear such badges or insignia as may be prescribed by the ordinances of the city and shall, upon request, exhibit clear identification whenever it shall be their duty to visit private residences, buildings or premises for the purpose of making any survey, examination or inspection.
(Code 1971, § 10-23)
Sec. 26-39. - Authority of director to prescribe additional rules and regulations.#
The director is hereby empowered to make and to adopt such written rules and regulations as may be necessary for the proper enforcement of the provisions of this chapter to interpret and to secure the intent thereof. No such rules and regulations shall be in conflict with the provisions of this chapter or any other ordinances of the city or shall have the effect of waiving any provisions of this chapter. Such rules and regulations shall have the same force and effect as the provisions of this chapter and the penalty for violation thereof shall be the same as the penalty as for violation of the provisions of this chapter, as herein provided. Such rules and regulations shall be submitted to the city council. Failure of the city council to approve, reject or modify such rules and regulations within 60 days from the date of submission shall be deemed to constitute approval thereof by the city council. Said rules and regulations approved by the city council shall be published in a newspaper of general circulation and shall be effective ten days after said publication.
(Code 1971, § 10-24)
Sec. 26-40. - Tenant escrow fund.#
The provisions of G.L. 1956, § 45-24.2-11, as amended, as enacted by the Public Laws of 1968, ch. 52, are hereby adopted by the city, and the division of minimum housing is authorized to establish a tenant escrow fund pursuant to said statute.
(Code 1971, § 10-25)
Sec. 26-41. - Public nuisance task force.#
(a)
Establishments. A public nuisance task force is hereby established. The purpose and primary goal of the task force is to work with property owners to establish a plan to abate identified nuisances in a timely manner through a collaborative effort of task force members and the property owner. Where there is ineffective cooperation from a property owner, the task force may initiate appropriate legal remedies to abate the nuisance.
(b)
Members. The members of the public nuisance task force shall be the minimum housing chief, the police chief, or his designee, the fire chief or his designee, the director of the city's planning department, or his/her designee, the city solicitor, or his/her designee, the city council person from the ward in which the subject property is located, and such other persons deemed necessary by the task force. Where appropriate, the department of attorney general may designate an attorney to assist the task force with continuing chronic nuisances.
(c)
Mission. The task force shall investigate problem properties through reviewing police reports, arrest and dispatch calls, building, housing and zoning code violations, fire code violations and incidents where there are indications of hazardous conditions, with a focus on properties which present chronic problems.
(d)
Procedures. Members of the task force shall identify properties that present chronic issues for the city and, after adequate review and investigation, notice shall be sent to the property owner to abate the identified nuisance within ten days through compliance with the relevant ordinances or codes. The property owner will also be requested to meet with the task force to discuss the nuisances on the subject property and develop an abatement plan. In the event that the nuisance is not abated within the ten-day compliance period and the property owner has failed to meet with the task force, then the property owner shall be formally cited pursuant to article III of this chapter, or by any other enforcement provision of this code of ordinances or state law by the appropriate enforcement agent of the city. The task force shall instruct the property owner as to the law regarding his or her responsibility to abate the nuisance.
(e)
Chair and meeting. The minimum housing chief shall serve as chair of the task force. The task force shall meet regularly, as necessary, to review new referrals and to meet with property owners.
(Ord. No. O-03-15, § I, 8-27-03; Ord. No. O-04-8, § I, 4-8-04; Ord. No. O-08-1, § I, 1-15-08)
Sec. 26-42. - Absentee landlord enforcement—Registration of lessors of residential real estate.#
Pursuant to Section 34-18-57 of the Rhode Island Residential Landlord and Tenant Act, all persons, corporations, organizations, associations or other legal entities owning and leasing residential property in the City of Warwick shall register their names, home addresses, including zip code and telephone numbers with the city clerk.
The registration shall be in the form of a sworn written statement containing the foregoing information as well as the street addresses (including assessor's plat and lot numbers) of all properties owned by said person, corporation, organization, association or other legal entity, which shall be recorded as an instrument in the city's land evidence records.
(Ord. No. O-08-24, § I, 11-12-08)