The text
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)