ARTICLE IV. - DESIGNATION OF UNFIT STRUCTURES
Part of the Code of Ordinances of Warwick, RI.
The text
Sec. 26-101. - Designation of unfit dwellings.#
Any dwelling or dwelling unit which shall be found by the director to have any of the following defects shall be condemned as unfit for continued occupancy and human habitation and shall be so designated by the director: (1)
One which according to the provisions of article V, VI, or VIII of this chapter is so lacking in sanitation, heating, lighting or ventilation facilities that it creates a serious hazard to the health or safety of the occupants or of the public.
(2)
One which according to the provisions of article VII of this chapter, and which because of its general condition, number of occupants, or location, is so unsanitary, overcrowded or otherwise dangerous or detrimental that it creates a serious hazard to the health or safety of the occupants or of the public.
(3)
One which according to the provisions of article IX of this chapter is so decayed, damaged, dilapidated, unsanitary, unsafe or infested that it creates a serious hazard to the health or safety of the occupants or of the public.
(Code 1971, § 10-59)
Sec. 26-102. - Designation of unfit roominghouses or rooming units.#
Any roominghouse or rooming unit which shall be found by the director to be in violation of any provisions of article XII of this chapter, which violation creates a serious hazard to the health or safety of the occupants or the public, shall be condemned as unfit for continued occupancy and human habitation and shall be so designated and placarded by the director in accordance with the provisions of sections 26-103 and 26-104.
(Code 1971, § 10-60)
Sec. 26-103. - Notice of violation and intent to condemn.#
Whenever the director determines that a dwelling or dwelling unit, roominghouse or rooming unit is unfit for continued occupancy as provided herein, he/she shall include within the notice of violation provided for in section 26-63 a statement of his/her intent to condemn and placard the dwelling, dwelling unit, roominghouse or rooming unit as unfit for continued occupancy and to require it to be vacated if the provisions of the notice of violation are not complied with. A copy of such notice of violation shall be served on the owner, the operator, and the occupant in the manner provided in section 26-63.
(Code 1971, § 10-61)
Sec. 26-104. - Order to vacate.#
Whenever a notice of violation as provided for in section 26-103 has not been complied with, the director may include within the compliance order a finding to the effect that the dwelling, dwelling unit, roominghouse or rooming unit is unfit for continued occupancy, and such finding shall be an order to vacate. Such compliance order shall be served upon the owner, operator and the occupant in the manner provided for in section 26-64 and service shall be made at least ten days prior to the effective date of the order to vacate. An appeal from such compliance order may be taken to the housing board of review in the manner provided for in chapter 6, article VI.
(Code 1971, § 10-62)
Sec. 26-105. - Vacation of condemned dwelling.#
Any dwelling, dwelling unit, roominghouse or rooming unit condemned as unfit for continued occupancy shall be so designated and placarded and shall be vacated within such reasonable time as the director may specify in the compliance order.
(Code 1971, § 10-63)
Sec. 26-106. - Reoccupancy of condemned dwelling.#
No dwelling, dwelling unit, roominghouse or rooming unit which has been condemned and placarded as unfit for continued occupancy shall again be used for habitation until written approval therefor and for removal of the placard is secured from the director.
(Code 1971, § 10-64)
Sec. 26-107. - Removal of placard from condemned dwelling.#
No person shall deface or remove the placard from any dwelling, dwelling unit, roominghouse or rooming unit which has been condemned as unfit for continued occupancy and placarded as such, except as provided in section 26-106.
(Code 1971, § 10-65)
Sec. 26-108. - Vacated dwellings to be made secure.#
The owner of every dwelling, dwelling unit, roominghouse or rooming unit which is condemned as unfit for continued occupancy and vacated shall make such dwelling, dwelling unit, roominghouse or rooming unit safe and secure in whatever manner the director may deem necessary so that the dwelling, dwelling unit, roominghouse or rooming unit shall not be dangerous to human life, and shall not constitute either a fire hazard or a public nuisance. Any such vacant dwelling open at doors and windows, if unguarded, shall be deemed dangerous to human life as a fire hazard and a public nuisance within the meaning of this provision.
(Code 1971, § 10-66)
Sec. 26-109. - Notice of violation and intent to demolish.#
Whenever the director determines that a dwelling or dwelling unit is unfit for human habitation and continued occupancy as provided herein, and that the cost necessary to alleviate the violation is not reasonably related to the value of the dwelling, he/she shall include within the notice of violation provided for in section 26-63 a statement of his/her intent to order the demolition of the dwelling; provided, however, that the owner at his/her discretion may repair, alter, or improve the dwelling in order to alleviate the violation regardless of whether or not the cost is reasonably related to the value, or may demolish the dwelling at his/her own expense pursuant to the provisions of section 26-71, provided that the owner alleviates the violation within the time specified in the notice of violation. A copy of such notice shall be served on the owner, occupant, lessee, mortgagee, and all other persons having any interest in said dwelling as shown by the records of the recorder of deeds, in the manner provided for in section 26-63; provided, however, that, in the event that any such person is not identified or located, service may be made upon him/her by publication in a newspaper of general circulation in the city once a week for two successive weeks. For purposes of this section, any repair, alteration, or improvement that is determined by the director to cost more than 50 percent of the assessed valuation of the dwelling shall be deemed to be not reasonably related to the value of the dwelling.
(Code 1971, § 10-67)
Sec. 26-110. - Order to demolish.#
Whenever a notice of violation as provided for in section 26-109 has not been complied with, the director may include within the compliance order a finding to the effect that the dwelling is unfit for human habitation and continued occupancy, and such finding shall be an order to demolish the dwelling. Such compliance order shall be served upon the owner, occupant, lessee, mortgagee, and all other persons having any interest in the dwelling, as shown by the records of the recorder of deeds, in the manner provided for in section 26-64; provided, however, that, in the event that any such person is not identified or located, service may be made upon him/her by publication in a newspaper of general circulation in the city once a week for two successive weeks and service shall be made at least three months prior to the effective date of the demolition provisions of the order. An appeal from such compliance order may be taken to the housing board of review in the manner provided for in chapter 6, article VI.
(Code 1971, § 10-68)
Sec. 26-111. - Authority of director to make repairs.#
Whenever a compliance order to repair, alter or secure a dwelling found by the director to be unfit for human habitation and continued occupancy has not been complied with, the director may, at the expense of the person responsible for alleviating the violation, take such direct action as is necessary to alleviate the violation, if the cost of such action is reasonably related to the value of the dwelling. For the purposes of this section any repair, alteration or securing that is determined by the director to cost 50 percent or less of the assessed valuation of the dwelling shall be deemed to be reasonable. The power of the director to repair or alter shall be limited to the alleviation of conditions which affect occupied dwellings or dwelling units.
(Code 1971, § 10-69)
Sec. 26-112. - Authority of director to demolish dwelling.#
Whenever a compliance order issued pursuant to the provisions of section 26-110 and providing for the demolition of a dwelling has not been complied with, and the cost of the repair has been determined by the director to be more than 50 percent of the assessed valuation of the dwelling, the director may demolish the dwelling at the expense of the owner.
(Code 1971, § 10-70)
Sec. 26-113. - Liens and charges to recover expenses.#
Whenever the owner fails to comply with an order to repair, alter or improve or to demolish a dwelling which has been determined to be unfit for human habitation and continued occupancy, and the director has taken direct action pursuant to the provisions of sections 26-111 and 26-112, the costs incurred by him/her in such action shall be a lien against the real property and such lien shall be enforced in the manner provided or authorized by law for the enforcement of common law liens on personal property. Such lien shall be recorded. If the dwelling is demolished by the director, he/she may sell the materials of such dwelling and the net cost of the demolition shall be charged to the owner, and if any balance remains it shall be held for the owner or any other parties entitled thereto, and, in every case, the cost of direct action 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, § 10-71)
Sec. 26-114. - Relocation of occupants.#
Notwithstanding the other provisions of this article, no dwelling shall be vacated or demolished by the director under the powers granted to him/her by the provisions of this chapter until persons occupying the dwelling at the time the compliance order is issued have been offered housing accommodations in a decent, safe and sanitary dwelling which meets the requirements of this chapter.
(Code 1971, § 10-72)
Sec. 26-115. - Applicability to vacant buildings and other structures.#
The provisions of this article shall also apply to all buildings and other structures which have been vacant or unused for more than 180 days, whether or not the building or structure has been boarded, guarded and/or closed at the doors and/or windows.
(Code 1971, § 10-73)