Chapter 244
2009 -- H 6195 SUBSTITUTE B AS AMENDED
Enacted 11/10/09
A N A C T
RELATING TO
TOWNS AND CITIES -- MINIMUM HOUSING STANDARDS -- TOWN OF
Introduced By: Representatives Azzinaro, Walsh, and Kennedy
Date Introduced: May 14, 2009
It is enacted by the
General Assembly as follows:
SECTION 1. Section 45-24.2-5 of the General Laws in Chapter
45-24.2 entitled
"Minimum Housing
Standards" is hereby amended to read as follows:
45-24.2-5.
Housing board of review. -- (a) The
city and town councils authorized to
adopt standards relating to minimum housing may provide for
the selection and organization of a
housing board of review consisting of five (5) members;
provided, that in the case of the housing
board of review of the city of
shall be appointed by the mayor and two (2) of whom shall
be members of the city council
elected by the city council from its members to serve for a
term ending the first Monday in
January, 1975, and, thereafter, to be elected for a
term of four (4) years; and provided, further,
that in the case of the housing board of review of the
town of
members, with two (2) members constituting a quorum. The city and town councils are
authorized to designate the board of appeals as the housing
board of review in the cities and
towns where these boards of appeal now exist or may be
authorized by law. The chairperson or,
in the chairperson's absence, the acting chairperson,
may administer oaths and compel the
attendance of witnesses. All hearings of the board are open to
the public.
(b) Any housing board
of review established pursuant to this chapter is governed by the
following procedure:
(1) The board shall
keep minutes of its proceedings, showing the vote upon each
question, and shall keep records of its decisions and findings
and the reasons therefor, and of its
examinations and other official actions, all of which shall be
filed immediately in the office of the
board and are a public record.
(2) Appeals to the
board may be taken by any person upon whom a compliance order has
been issued by the enforcing officer. The period in which
the appeal may be taken shall be
prescribed by ordinance or by the rules of the board. The
appeals shall be filed with the board and
shall specify the grounds of the appeal. The board shall
immediately transmit a copy of the appeal
to the enforcing officer. Upon receipt by the enforcing
officer of the appeal, he or she shall
immediately transmit to the board all the papers constituting the
record upon which the
compliance order was based.
(3) An appeal shall
stay all proceedings in furtherance of the action appealed from unless
the enforcing officer from whom the appeal is taken
certifies to the board, after notice of the
appeal has been transmitted to the officer, that, by reason
of facts stated in the certificate, a stay
would, in his or her opinion, cause a serious hazard or
immediate peril to the health or safety of
the occupants of a dwelling or of the public. In that
case proceedings shall not be stayed except
by a restraining order which may be granted by a court
of competent jurisdiction on application
and upon notice of the enforcing officer from whose order
the appeal is taken and on due cause
shown.
(4) The board shall fix
a reasonable time for the hearing of the appeal, give due notice to
the party making the appeal and the enforcing officer,
and decide the appeal within a reasonable
time. At the hearing any party may appear in person or by
agent or attorney.
(c) The housing board
of review has the following powers:
(1) The housing board
of review has the power to hear and decide appeals where it is
alleged that there is error in any order, requirement,
decision, or determination made by an
enforcing officer in the enforcement of this chapter or any
ordinance, rule, or regulation adopted
pursuant to the authority of this chapter.
(2) Where, by reason of
an extraordinary and exceptional condition or situation unique to
the property involved, the strict application of any
ordinance, rule, or regulation adopted pursuant
to the authority of this chapter would result in
peculiar and exceptional difficulties to, or
exceptional and undue hardship upon, the person upon whom a
compliance order has been issued,
the housing board of review has the power to vary from
this strict application to the least extent
necessary to relieve difficulties or hardship; provided, that
relief may be granted without
substantial detriment to public health, safety, morals, and
general welfare, and without substantial
impairment of the intent and purpose of the ordinance, rule, or
regulation.
(3) In exercising the
powers established by this section, the board may, in conformity
with the provisions of this chapter, reverse or affirm,
wholly or partly, or may modify any order,
requirement, decision, or determination of the enforcing officer,
and may make an order,
requirement, decision, or determination that ought to be made,
and to that end has all the powers
of the enforcing officer from whom the appeal was taken.
(4) In order to hear an
appeal, a quorum of three (3) members of the board must be
present. A concurring vote of a majority of the members of
the board present at the hearing is
necessary to reverse or modify any order or decision of the
enforcing officer and to authorize a
variance or modification in the application of any provisions
of any ordinance, rule, or regulation
adopted pursuant to the authority of this chapter. In the
event of a tie vote, the order of the
enforcing officer is deemed to be sustained. Except as provided
in section 45-24.2-6 of this
chapter, the findings of the board are conclusive with
respect to questions of fact and may be
reviewed only as to questions of law.
SECTION 2. Section 45-24.3-16 of the General Laws in Chapter
45-24.3 entitled
"Housing Maintenance
and Occupancy Code" is hereby amended to read as follows:
45-24.3-16. Rules
and regulations -- Enforcement agencies -- Housing board of
review. -- (a)
The local authority is authorized to make, adopt,
revise, and amend rules and
regulations that it deems necessary for the carrying out of the
purposes of this chapter.
(b) Establishment of
enforcement agencies. The local authority will further provide for
the creation and establishment of divisions, offices,
departments, bureaus, and agencies and their
respective officers, deputies, and agencies that may be required
to enforce and administer the
powers and duties authorized by this chapter.
(c) Housing board of
review. The local authority will provide for the selection and
organization of a housing board of review consisting of five (5)
members, provided that the
Westerly housing board of review shall have three (3)
members, with two (2) members
constituting a quorum.
The local authority is authorized to designate the board of appeals as the
housing board of review in the cities and towns where these
boards of appeal now exist or may be
authorized by law. The chairperson or, in his or her absence,
the acting chairperson, may
administer oaths and compel the attendance of witnesses. All
hearings of the board are open to
the public. Any housing board of review established
pursuant to this chapter shall be governed by
the following procedure:
(1) The board shall
keep minutes of its proceedings, showing the vote upon each
question, and keep records of its decisions and findings and
the reasons therefor, and of its
examinations and other official actions, all of which shall be
filed immediately in the office of the
board and be a public record.
(2) The housing board of
review is governed by section 45-24.3-21 pertaining to appeals.
SECTION 3. This act shall take effect upon passage.
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LC02597/SUB B
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