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ARTICLE I. - IN GENERAL#
Sec. 5-1. - Building official's escrow fund.#
There is hereby created an escrow fund for the purpose of repairing damage to town streets, curbings and sidewalks. Said escrow fund is to be administered by the town's building official, as follows: (1)
A separate account will be created and entitled "Town of West Warwick Building Official's Escrow Fund."
(2)
Every application for a building permit which requires the installation of a foundation will be accompanied by an escrow fund deposit in an amount as determined by resolution by the town council from time to time, in addition to all other fees required by law. The escrow fund deposit shall be placed in the building official's escrow fund.
(3)
Before a certificate of occupancy may be issued on the above-mentioned permit, the building official and the commissioner of highways will inspect the roadway, curbing and sidewalk bounding the property covered by the permit, to determine if the recent construction has caused any damage to town-owned property.
(4)
Should the building official and commissioner of highways determine that damage has been caused to town-owned property, they shall forthwith issue a statement to the applicant, itemizing all damages claimed, including costs to repair said damages.
(5)
With the issuance of the certificate of occupancy, the building official shall return to the applicant the fee deposited into the escrow fund, less any charges for repairs as outlined in subsection (4) of this section.
(6)
Any monies not returned to the applicant shall be transferred forthwith to the town's general fund, and credited to the highway department's account for repairs to roads, curbs and sidewalks.
(7)
Upon notification of said transfer, the commissioner of highways shall complete repairs to the damaged town-owned property.
(Code 1970, § 5-1; Res. of 7-7-1981)
Sec. 5-2. - Fees.#
Fees for construction, alterations and air conditioning shall be set from time to time by resolution of the town council and included in a town fee schedule.
(Code 1970, § 5-3; Res. of 1-10-1978; Res. of 10-29-1979; Res. of 4-2-1985; Res. of 10-7-1986; Ord. of 6-6-1989; Ord. of 4-10-1990; Ord. of 11-5-1991; Res. No. 99-125, 5-11-1999; Ord. No. 2013-46, 10-1-2013; Ord. No. 2018-8, 3-20-2018)
Sec. 5-3. - Bond prerequisite to moving permit.#
Prior to the granting of any building moving permit, the applicant shall post a bond in favor of the town and conditioned upon the payment by the applicant of all damages suffered by the town and any other person arising out of or through the moving or transporting of such building onto, over or through any street, alley or public way or thoroughfare of the town, which bond shall be either a cash bond or a bond issued by a surety company duly authorized to do business in the state. In the event that any applicant desires so to do, he may post a general bond issued by any surety company duly authorized to do business in the state, which bond shall provide for not less than $100,000.00 and in a greater amount to be set by the building official.
(Code 1970, § 5-5; Ord. of 7-11-1972; Res. of 1-10-1978; Ord. No. 2018-8, 3-20-2018)
Sec. 5-4. - Building permit required; flood hazard evaluation prior to issuance.#
It shall be unlawful for any person or entity to engage in any type of construction for which a building permit is required without having obtained a building permit, and it shall be unlawful for any person or entity that has obtained a building permit to engage in any construction in excess of the terms or limitations of the building permit. Any person in violation of this section shall be subject to a minimum fine of $100.00. (1)
The town building official, when reviewing applications for building permits, including the plans and specifications for the proposed construction, will review all building permit applications to determine if the proposed construction is consistent with the need to minimize flood damage.
(2)
The building official shall review all building permit applications to determine if the site of the proposed construction is reasonably safe from flooding and to make recommendations for construction in all locations which have flood hazards.
(3)
The town engineer and director of the department of public works, in reviewing all applications for construction in flood hazard locations within the town, shall require that any proposed construction must:
a.
Be designed and anchored to prevent the flotation, collapse or lateral movement of the structure or portions of the structure due to flooding.
b.
Use construction materials and utility equipment that are resistant to flood damage.
c.
Use construction methods and practices that will minimize flood damage.
d.
Provide adequate drainage in order to reduce exposure to flood hazards.
(Code 1970, §§ 5-6, 5-7; Ord. of 9-12-1972, §§ 1—3; Ord. No. 92-7, 6-2-1992)
Sec. 5-5. - Opening and entering secured vacant buildings prohibited.#
(a)
No person shall willfully and maliciously or mischievously injure, destroy or otherwise remove boards placed upon the property by the town or otherwise interfere with the town's effort to secure the vacant buildings; or otherwise destroy or deface the vacant property in any manner so as to gain access to the property.
(b)
No person shall enter upon vacant property within the town, thereby causing a public nuisance and unsafe conditions within the town.
(c)
Any person who violates this section shall be guilty of a criminal offense and may be sentenced to serve not more than 30 days in jail and fined not more than $300.00, or both.
(Code 1970, § 5-8; Res. No. 97-66, §§ 1—3, 3-4-1997)
Sec. 5-6. - Real estate nonutilization tax.#
(a)
Definitions. The following words, terms, and phrases, when used in this section, have the meanings ascribed to them in this subsection, except in those instances where the context clearly indicates a different meaning:
Abutter means a neighbor whose property touches the property in question.
Actively marketed means good faith efforts by the owner of the property to obtain one or more occupants for the property. These good faith efforts may include, without limitation, one or more of the following: (1)
Making substantial financial expenditures in comparison with the value of the property;
(2)
Listing the property for sale or lease, or both, with one or more real estate brokers, for a price and on terms, or for a rental that is realistic considering the fair market value or fair market rental value of the property; or
(3)
Advertising, using one or more signs on the property and at least one other medium, the availability of the property for sale or rental for a price and on terms, or at a rental that is realistic considering the fair market value or fair market rental value of the property. Sporadic attempts to sell or lease the property during the privilege year may be viewed as not constituting a good faith marketing effort.
Continuously unoccupied means any property which is listed during the entire privilege year as vacant in the records of the town's minimum housing office.
Development plan means a plan to rehabilitate a vacant and abandoned property within a set timeframe for a use in conformance with the town's comprehensive plan.
Nonprofit housing organization means any organization exempt from taxation pursuant to section 501(c)(3) of the Internal Revenue Code whose exempt purposes include the provision of affordable housing to low and moderate income households.
Privilege year means the 12-month period corresponding to the calendar year.
Reviewing entity means the municipal entity designated by the town pursuant to G.L. 1956, § 44-5.1-3.
Vacant and abandoned property means any property which: (1)
Has remained continuously unoccupied during the privilege year;
(2)
Has, in the case of property containing one or more buildings, been used in whole or in part for one or more dwelling units immediately prior to the time of the property's continuous designation as vacant by the town minimum housing office during the privilege year; or
(3)
Has, in the case of property containing one or more buildings none of which were used in whole or in part for one or more dwelling units immediately prior to the time the property became vacant, been under continuous citation by an agency of a city or town for violation of minimum housing code provisions relating to the health or safety of citizens during the privilege year.
(b)
Imposition of tax.
(1)
The town hereby imposes a tax of $10.00 per $1,000.00 of assessed value upon the privilege of utilizing vacant and abandoned property within the town during any privilege year commencing with the privilege year beginning January 1, 2003, and every privilege year thereafter. The tax shall be in addition to any other taxes authorized by the general or public laws.
(2)
The minimum housing office within the building official's office is designated as the town entity responsible for determining which properties are vacant and abandoned.
(3)
The minimum housing official will survey all vacant properties and abandoned properties once per year, prior to October 31 of each year. The minimum housing official will notify the property owner of record at the office of the town assessor. The property owner of record may notify the town's minimum housing office if a change to the property occurs. At any time after the property presents the appearance of being used and cared for, the town's minimum housing office may notify the assessor to remove the property from the list of properties on the real estate nonutilization tax list.
(4)
The town manager or other designated official is hereby designated as the reviewing officer to review and approve a development plan submitted by a nonprofit housing organization or an abutter.
(5)
The town tax assessor is hereby empowered to abate the real estate nonutilization tax if it is imposed in error or if a nonprofit housing organization or an abutter acquires the property for rehabilitation and submits a development plan that complies with the provisions of G.L. 1956, § 44-5.1-3(i)(2).
(c)
Exemptions.
(1)
The nonutilization tax authorized by this section shall not be imposed on property owned by an abutter or a nonprofit housing organization if:
a.
The abutter or nonprofit housing organization submits a proposed development plan which has been approved by the Rhode Island Housing Resources Commission or Rhode Island Housing and Mortgage Finance Corporation to the reviewing entity;
b.
The proposed development plan contains a reasonable timetable for the development or reuse of the property; and
c.
The town manager or other designated official determines that the proposed development plan is in accordance with the approved comprehensive plan of the town and approves it.
(2)
The town manager or other designated official shall deliver a copy of the approved development plan to the tax assessor who shall certify the property as exempt from the nonutilization tax.
(3)
Failure of the nonprofit housing organization or abutter, without good cause, to carry out the development or reuse of the property in accordance with the timetable set forth in the approved development plan shall result in the property being subject to the nonutilization tax as of the first date of assessment following the expiration of the timetable in the approved development plan.
(4)
The decision of the town manager or other designated official denying approval of a development plan may be appealed to the town tax review board.
(d)
Appeals.
(1)
In any appeal from the imposition of the tax set forth in this section, the tax review board shall find in favor of an appellant who shows that the property assessed:
a.
Was actively marketed during the privilege year; or
b.
Was occupied for substantial portions of the privilege year, notwithstanding its designation by the department of minimum housing.
(2)
Nothing contained in this section shall be deemed to enlarge or diminish any other right of appeal that an appellant may possess pursuant to the general or public laws, or city or town ordinances.
(e)
Severability. The provisions of this section are severable, and if any provision, sentence, clause, section, or part of the section shall be held illegal, invalid, unconstitutional, or inapplicable to any person, circumstance, or time period, that illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, sentences, clauses, sections, or parts of the section or its application. It is hereby declared to be the legislative intent that this section would have been adopted had those provisions not been included or had that person, circumstance, or time period been expressly excluded from its coverage.
(Code 1970, § 5-9; Ord. No. 2002-2, 5-7-2002)
Secs. 5-7. - State codes adopted.#
The town hereby adopts as the building codes of the town the Rhode Island Building Code and the Rhode Island One and Two Family Dwelling Code as they shall from time to time be amended.
(Ord. No. 2022-17, 12-20-2022)
Secs. 5-8—5-32. - Reserved.#
ARTICLE II. - FENCES#
Sec. 5-33. - Definitions.#
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Fence means a physical barrier erected upon or near the dividing line between adjoining properties or properties and public easements, alleys, sidewalks, service drives, freeways, streets or similar public land for the purpose of separating, screening and/or protecting property or chattel.
Major repair means replacement of more than one-fourth of an existing fence, a change in height, or relocation on the property.
(Code 1970, § 5-52; Res. No. 97-07, § 1-2, 1-7-1997)
Sec. 5-34. - Standards.#
The following standards shall apply to the construction and maintenance of fences: (1)
All fences shall be maintained in a workmanlike condition having no breaks, jagged or sharp edges, holes or other defects. Fences shall be properly surface-coated to protect against the elements and maintained straight and plumb.
(2)
Fences shall be freestanding and shall not be attached to another fence or unstable means of support. Fences shall be erected on a series of fence posts spaced so as to provide proper support to the fencing material. In no case shall the distance between fence posts exceed ten feet. Fence posts shall be embedded below grade to a depth and manner which, in the opinion of the building official, provide proper means of support for the type of fence constructed. Local soil and subsurface conditions, including, but not limited to, the existence of a ledge, shall be taken into consideration by the building official when determining proper depth.
(3)
No fence shall be erected in the required front yard space, except for the following:
a.
Residential properties designed as corner lots may erect a fence in the front yard space in the corner side yard, to a point ending at the street right-of-way line. Such fences may not exceed a height of 3½ feet within 15 feet of a corner. Fences erected under this subsection must not impede traffic sight lines;
b.
Residential properties not designated as a corner lot may erect a fence parallel to the front yard line in the front yard space. Such fencing shall not obstruct traffic sight lines.
(4)
Fence posts shall be installed on the applicant's interior side of the lot, with the finished portion of any fence facing outward.
(5)
Any fence lawfully erected prior to January 1, 1970, shall be deemed lawfully nonconforming and allowed to remain until such time as it is damaged beyond reasonable repair, destroyed or removed.
(6)
No fence shall be electrically charged or contain barbed wire, unless otherwise permitted by the zoning appendix.
(7)
Fences shall not eliminate or interfere with parking, or otherwise interfere with traffic or become a hazard or nuisance in any manner.
(8)
Fences shall not exceed eight feet in height in all residential zones and ten feet in height in B, CI, and BP zones provided however, that a fence in excess of eight in residential zones or ten in B, CI, and BP zones may be approved with the granting of a dimensional variance by the zoning board of review.
(9)
Fences utilized as an animal enclosure, such as a kennel, shall be at least ten feet from all adjoining property lines.
(Code 1970, § 5-55; Res. No. 97-07, § 1-5, 1-7-1997; Ord. No. 2007-18, 10-16-2007; Ord. No. 2018-11, 4-24-2018; Ord. No. 2023-14, 5-2-2023; Ord. No. 2025-7, 9-2-2025)
Sec. 5-35. - Fencing on town property requires consent of town council.#
No fence shall be erected on any easement, alley, roadway, sidewalk or other public property without the consent of the town council.
(Code 1970, § 5-56; Res. No. 97-07, § 1-6, 1-7-1997)
Sec. 5-36. - Nuisance fences.#
(a)
Fences that are dilapidated, dangerous, blighting, or constructed or maintained in violation of this article or that otherwise create a nuisance or danger to the public are declared to be a nuisance per se and as such, may be removed by the town upon notification to the property owners on all sides of the fence by the building official.
(b)
Notification shall provide a minimum two weeks' notice, unless the fence presents an immediate danger or hazard, in which event, the fence shall be subject to immediate removal at the direction of the town building official.
(c)
If a fence is declared a nuisance and is not removed by the owner of the fence within two weeks of notification, then the town shall remove the fence and the expenses of removal shall constitute a lien against the property and property owner involved.
(Code 1970, § 5-57; Res. No. 97-07, § 1-7, 1-7-1997)
Sec. 5-37. - Maintenance responsibility.#
Maintenance of fences in conjunction with this article shall be the responsibility of the property owner who caused the fence to be erected or upon whose land the fence is situated. In the event there is no clear determination of ownership for fences situated on or immediately adjacent to a property line, responsibility shall be equally attached to all property owners on said boundary lines.
(Code 1970, § 5-58; Res. No. 97-07, § 1-8, 1-7-1997)
Sec. 5-38. - Appeal.#
Appeals from the enforcement of this article and the decision of the building official shall be made to the town engineer or his designee, whose decision shall be final and binding. In the event that there is no town engineer at the time of appeal, the appeal shall be to the zoning board of review as provided in section 25.1 of the zoning ordinance in Appendix A to this Code.
(Code 1970, § 5-59; Res. No. 97-07, § 1-9, 1-7-1997)
Sec. 5-39. - Temporary fencing.#
Nothing in this article shall prohibit the erection of temporary fencing on private property to protect demolition and construction sites, public property or nuisance areas, provided said fencing meets with the approval of the building official or town engineer.
(Code 1970, § 5-60; Res. No. 97-07, § 1-10, 1-7-1997)
Sec. 5-40. - Penalties.#
Actions for violation of this article shall be filed by the building official or his authorized agent in municipal court. Violations are punishable by a fine of not less than $50.00 nor more than $500.00 per violation, as determined appropriate by the court.
(Code 1970, § 5-62; Res. No. 97-07, § 1-12, 1-7-1997)