Chapter 057
2012 -- S 2808
Enacted 05/08/12
A N A C T
RELATING TO
TOWNS AND CITIES -
Introduced By: Senator James E. Doyle
Date Introduced: March 21, 2012
It is enacted by the
General Assembly as follows:
SECTION 1. Section 45-2-13 of the General Laws in Chapter
45-2 entitled "General
Powers" is hereby
amended to read as follows:
45-2-13.
City of
(a) The city council of the city of
upon the court original jurisdiction, notwithstanding any
other provisions of the general laws, to
hear and determine causes involving the violation of any
ordinance; provided, that any defendant
found guilty of any offense, excluding violations of the
city's minimum housing ordinances and
zoning ordinances, may, within seven (7) days of conviction,
file an appeal from the conviction to
the
(b) The city council of
the city of
and confer upon the court original jurisdiction,
notwithstanding any other provisions of the
general laws, to hear and determine causes involving the
violation of the minimum housing
ordinances and zoning
ordinances of the city and any violation of the provisions of chapter 24.3
of this title, entitled the chapter 24
of this title, entitled the Rhode Island zoning
enabling act of 1991, and any violation of the
provisions of chapter 27.3 of title 23 entitled the
violation of the provisions of those regulations promulgated by
the state building code
commission entitled SBC-1
two (2) family dwelling code, SBC-3
state mechanical code, SBC-5
maintenance code, and SBC-8
further, that any party aggrieved by a final judgment, decree
or order of the
court may, within twenty (20) days after entry of this
judgment, decree or order, petition to the
supreme court for the state of
The petition for the writ of certiorari shall state
the errors claimed. Upon the filing of a petition
with the clerk of the supreme court, the supreme court
may, if it sees fit, issue a writ of certiorari
to the
case together with and transcript of the proceedings by
the petitioner at his expense.
(c) With respect to
violations of either municipal ordinances dealing with minimum
housing or zoning regulations, or chapter 24.3 et seq., of
this title dealing with housing
maintenance and occupancy, or chapter 24 et seq., of this title
dealing with enforcement of zoning
regulations, the city council may also confer upon the
its jurisdiction, the power to proceed according to
equity:
(1) To restrain,
prevent, enjoin, abate, or correct a violation;
(2) To order the
repair, vacation, or demolition of any dwelling existing in violation;
(3) To otherwise compel
compliance with all of the provisions of those ordinances and
statutes; or
(4) To order a dwelling
into receivership and to order the removal of any cloud on the
title to the building or property which shall be binding
upon all those claiming by, through, under,
or by virtue of any inferior liens or encumbrances
pursuant to chapter 44 et seq., of title 34.
(d) The city council of
the city of
judge to serve as both the municipal police court judge and
the municipal housing court judge.
The city council of the city is authorized and
empowered to enact ordinances governing the
personnel, operation, and procedure to be followed in the court
and to establish a schedule of fees
and costs and to otherwise provide for the operation and
management of the court. The municipal
courts created by this section may impose a sentence not to
exceed thirty (30) days in jail and
impose a fine not in excess of one thousand dollars
($1,000), or both. The courts are empowered
to administer oaths, compel the attendance of witnesses,
and punish persons for contempt, and to
execute search warrants to the extent the warrants could be
executed by a judge of the district
court.
SECTION 2. This act shall take effect upon passage.
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LC02241
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