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Sec. 26-61. - Inspection of dwellings.#
The director is hereby authorized and directed to make inspection to determine the condition of dwellings, dwelling units, rooming units and dwelling premises in order that he/she may perform his/her 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 director is hereby authorized to examine and survey at all reasonable times all dwellings, dwelling units, rooming units, and dwelling premises.
(Code 1971, § 10-36)
Sec. 26-62. - Access to dwellings.#
The owner, operator or occupant of every dwelling, dwelling unit, and rooming unit, or the person in charge thereof, shall give the director free access to such dwelling, dwelling unit or rooming unit and dwelling premises, at all reasonable times, for the purpose of such inspection, examination and survey. Every occupant of a 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 dwelling, dwelling unit, or rooming unit, or dwelling premises, at all reasonable times, for the purpose of examination and for making such repairs or alterations as are necessary to effect compliance with the provisions of this chapter or with any rule or regulation adopted pursuant thereto or with any notice of violation pursuant to the provisions of this chapter.
(Code 1971, § 10-37)
Sec. 26-63. - Notice of violation.#
Whenever the director determines that there are reasonable grounds to believe that there is a violation of any provision of this chapter or of any rule or regulation adopted pursuant thereto, he/she shall give notice of such alleged violation to the person responsible therefor, as hereinafter provided. Such notice shall be in writing, and shall specify the alleged violation and a reasonable time to correct it, and shall be served upon the owner, operator, or the 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/her personally; or if a copy thereof is sent by registered mail or certified mail, return receipt requested, to the last known address of such person; or if a copy thereof is posted in a conspicuous place in or about the dwelling affected by the notice; or if the responsible person is served with such notice by any other method now or hereafter authorized under the laws of this state. The notice of violation shall inform the person to whom it is directed of his/her right to apply for a hearing before the director, and the procedure by which application for such hearing can be made is pursuant to this chapter. Written entry of appearance or presence at such hearing shall fulfill the requirements for service of the notice of violation.
(Code 1971, § 10-38)
Sec. 26-64. - Compliance order.#
(a)
Any notice of violation as provided in section 26-63 shall automatically become a compliance order if written request for a hearing is not filed in the office of the director within ten days after the service of this notice. A copy of the compliance order shall be served in the manner provided in section 26-63 and shall inform the person to whom it is directed of his/her right to appeal to the housing board of review, and the procedure by which application for such appeal can be made as provided in chapter 6, article VI. Written entry of appearance or presence at a hearing in connection with a notice of violation shall not fulfill the requirements for service of a compliance order.
(b)
Whenever the director or his/her agents determine that there are reasonable grounds to believe there has been a violation of the minimum standards of this chapter within one year of final adjudication of a similar violation of this chapter, the director shall immediately cause an appropriate complaint to be brought before the municipal court of the city, and time to correct said violation pursuant to section 20-63 shall not apply.
(Code 1971, § 10-39)
Sec. 26-65. - Immediate compliance order.#
Whenever the director, at any stage of any proceedings instituted under the provisions of this chapter, finds that there exists a violation of this chapter which in his/her opinion requires immediate action to abate a direct hazard or immediate peril to the health, safety or welfare of the occupants of a dwelling or of the public, he/she may, without prior notice of violation or hearing, issue an immediate compliance order reciting the existence of such violation and requiring that such action be taken as he/she deems necessary to alleviate the violation, which may include an order to vacate, as provided in section 26-104. Notwithstanding the other provisions of this chapter, the immediate compliance order shall be effective immediately upon its service or in such time as the director 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 chapter 6, article VI, and such appeal shall be given priority and conducted as soon as possible and as provided for in chapter 6, article VI.
(Code 1971, § 10-40)
Sec. 26-66. - Authority of director to make repairs and recover expenses.#
Whenever any violation of this chapter which in the opinion of the director causes a direct hazard or immediate peril to the health, safety or welfare of the occupants of a dwelling or of the public has not been corrected in the time specified by the immediate compliance order, he/she may, subject to the provisions of section 6-155, take such direct action as is necessary to alleviate the violation causing the direct hazard or immediate peril. When certified by the director, 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 director. The owner, operator or occupant of the dwelling, dwelling unit, rooming unit, or dwelling premises who is responsible for immediate compliance shall be served a notice stating the amount of the expenses incurred by the director in executing the immediate compliance order. Such notice shall be served in the manner provided in section 26-63. These 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 director 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 a ten percent service charge in addition thereto.
(Code 1971, § 10-41)
Sec. 26-67. - Request for hearing.#
Any person affected by any notice of violation which has been issued in connection with the enforcement of any provision of this chapter or any rule or regulation adopted pursuant thereto may request and shall be granted a hearing before the director after such person shall file in the office of the director a written request for such hearing, setting forth a brief statement of the grounds therefor, designating the person and his/her address upon whom any notices and orders may have been served, and why such enforcement 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 director 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.
(Code 1971, § 10-42)
Sec. 26-68. - Finding by director after hearing.#
After a hearing held in accordance with the provisions of section 26-67 and on consideration of the evidence presented, the director shall sustain, modify or withdraw the notice. If the director, by his/her decision, sustains or modifies the notice, such decision shall be deemed a compliance order. Compliance orders shall be served on the person whom the director shall find to be responsible for the violation and in the manner provided by section 26-64.
(Code 1971, § 10-43)
Sec. 26-69. - Record of hearing.#
The director 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 director and a copy of any compliance order issued in connection therewith, and such record shall be maintained as a public record.
(Code 1971, § 10-44)
Sec. 26-70. - Reinspection.#
At the end of the time period specified in the compliance order or any extension thereof, it shall be the duty of the director to make a reinspection of the dwelling, dwelling unit, rooming unit or dwelling premises, and, if the order has not been complied with, the director shall institute proper legal action or make such further orders as the case may require.
(Code 1971, § 10-45)
Sec. 26-71. - Demolition as compliance.#
Any owner of a building or dwelling receiving a notice of violation or a compliance order stating that such dwelling does not comply with the provisions of this chapter or of the rules and regulations adopted pursuant thereto may demolish such building or dwelling, and such action shall be deemed compliance, except that any resulting cellar holes shall be filled to grade.
(Code 1971, § 10-46)
Sec. 26-72. - Transfer of ownership.#
It shall be unlawful for the owner of any dwelling or dwelling unit upon whom a notice of violation or compliance order has been served to sell, transfer, mortgage, lease or otherwise dispose thereof to another until the provisions of the notice of violation or 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 or compliance order issued by the director, and at the same time notify the director in writing of the intent to transfer, lease or mortgage either by delivering said notice of intent to the director 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 or compliance order shall be bound by such notice or order as of the date of such transfer, lease or mortgage without service of further notice upon him/her.
(Code 1971, § 10-47)
Sec. 26-73. - Recording of notices and orders.#
Whenever a notice of violation or a compliance order has been issued for a violation of this chapter, or any rule or regulation adopted pursuant thereto, the director may file in the office of the recorder of deeds a copy of the notice or order. Such notice or order shall be recorded in the same manner as lis pendens notices, and such recording shall be constructive notice to any purchaser or encumbrancer of the real property affected thereby. Notwithstanding any other provisions of this chapter, any person purchasing or otherwise acquiring any interest in any real property and having actual or constructive notice of any proceedings instituted under the provisions of this chapter shall be immediately subject to and bound by any such proceedings and to any compliance order entered with respect to the real property.
(Code 1971, § 10-48)
Sec. 26-74. - Notice to city of rental housing vacancy for units ten years old and older.#
(a)
Purpose. The purpose of this section is to provide for notice to the city of any rental housing vacancy for units ten years old and older and approval by the city before further occupancy.
(b)
Intent. It has been determined that the establishment and enforcement of minimum housing standards and the rehabilitation of housing are essential to the public health, safety and general welfare of the community. For this purpose the city has adopted minimum housing standards governing the condition and maintenance of all dwellings and established a division of minimum housing to enforce such standards. The division of minimum housing has determined a far greater number of violations in rental dwellings older than ten years. This law will enable the director of minimum housing to inspect each unit before it is rented, thereby providing him/her with stronger tools to enforce the existing law and achieve the housing objectives stated in the Warwick Housing Element (1973).
(c)
Notification required; procedure; inspection. The owner of any rental housing unit is hereby required to notify the director of the termination of occupancy of any such unit and to secure the inspection and the written approval of the condition of the premises by the director before allowing any such unit to be reoccupied. The notification date may be within 15 days prior to termination of occupancy. If the director shall fail to inspect and grant or deny his/her written approval of the condition of the premises within three working days after receiving notice of the termination of occupancy, the owner of the premises shall be deemed to have complied with the requirements of this section. If such inspection reveals any violations of this Code or of the state housing maintenance and occupancy code, the director shall issue the appropriate violation notice to the tenant or to the owner of such unit pursuant to said codes. During the three-day period, it is the responsibility of the owner to make the unit available for inspection at the convenience of the director.
(d)
Exceptions.
(1)
The foregoing provisions of this section shall not apply to motel, hotel or rooming accommodations intended for temporary or seasonal use by guests.
(2)
Units that have been constructed within the ten-year period prior to vacancy are exempt from the provisions of this section. This shall be determined by issuance of initial building permit.
(3)
Any property owned by the city housing authority is exempt from the provisions of this section.
(Code 1971, § 10-49)