Chapter 04-578

2004 -- S 2121

Enacted 07/14/04

A N A C T

RELATING TO TOWNS AND CITIES -- ZONING ORDINANCES

Introduced By: Senators Walaska, Bates, and P Fogarty

Date Introduced: January 20, 2004

It is enacted by the General Assembly as follows:

     SECTION 1. Section 45-24-69.1 of the General Laws in Chapter 45-24 entitled "Zoning

Ordinances" is hereby amended to read as follows:

45-24-69.1. Appeals -- Notice of appeals to superior court. -- (a) Whenever an

aggrieved party appeals a decision of a zoning board of review to the superior court pursuant to

the provisions of section 45-24-69, the aggrieved party shall also give notice of the appeal to

those persons who were entitled to notice of the hearing set by the zoning board of review. The

persons entitled to notice are set forth and described in section 45-24-53.

      (b) Notice of the hearing appeal shall be mailed to those parties described in section 45-

24-53 within ten (10) business days of the date that the appeal is filed in superior court not

counting Saturdays, Sundays, or holidays. Notice shall be sent by first class mail, postage

prepaid, and the cost of the notice shall be borne by the aggrieved party filing the appeal in

superior court.

      (c) The notice sent for an appeal to the superior court as described in this section shall

include and contain:

      (1) The caption and civil action number of the case;

      (2) The date the case was filed in the superior court;

      (3) The county in which the appeal to superior court was filed;

      (4) The name, address and telephone number of the attorney filing the appeal on behalf

of the aggrieved party, or, the name, address, and telephone number of the aggrieved party if the

aggrieved party is not represented by counsel;

      (5) Language in bold type notifying the person(s) receiving the notice that an appeal has

been filed in the superior court;

      (6) Language indicating that the aggrieved party will serve the named defendants, who

will thereafter serve their answers as the appeal proceeds;

      (7) Language indicating that the persons receiving the notice may retain counsel and/or

participate in the appeal insofar as the law allows;

      (8) Language indicating that an appeal of a decision of a zoning board to the superior

court is governed by section 45-24-69 and this section; and

      (9) The date of the notice shall be contained on the notice.

      (d) Within twenty (20) days after a notice as described in this section is sent, the

aggrieved party shall file an affidavit with the court indicating and/or containing:

      (1) A complete list of all the names and addresses of the intended recipients of the notice

of the hearing;

      (2) The date the notice was sent;

      (3) An affirmative statement verifying the notice was sent by first class mail, postage

prepaid;

      (4) An affirmative statement verifying that each notice was sent in an envelope

containing a return address and indicating the return address on the envelope;

      (5) A statement identifying all notices that were returned to the return address or not

delivered for whatever reason and/or an affirmative statement indicating that all other notices

have not been returned as of the date and time of the affidavit; and

      (6) A copy of the form of the notice shall be attached to the affidavit.

     SECTION 2. This act shall take effect upon passage.

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LC00731

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