| Chapter 281 |
| 2017 -- H 5969 SUBSTITUTE A Enacted 07/21/2017 |
| A N A C T |
| RELATING TO TOWNS AND CITIES -- GENERAL POWERS -- WARREN MUNICIPAL HOUSING COURT |
| Introduced By: Representatives Knight, and Marshall |
| Date Introduced: March 22, 2017 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Section 45-2-47 of the General Laws in Chapter 45-2 entitled "General |
| Powers" is hereby amended to read as follows: |
| 45-2-47. Town of Warren -- Municipal court. Town of Warren -- Municipal court -- |
| Municipal housing court. |
| (a) The town council of the town of Warren may establish a municipal court and confer |
| upon that court original jurisdiction, notwithstanding any other provisions of the general laws, to |
| hear and determine causes involving the violation of any ordinance, including minimum housing |
| ordinances of the town and any violation of the provisions of chapter 24.3 of this title, entitled the |
| Rhode Island Housing Maintenance and Occupancy Code; provided, however, that any defendant |
| found guilty of any offense, excluding violations of the minimum housing ordinances or chapter |
| 24.3 of this title may, outlined in subsection (b), of this section, may, within seven (7) days of |
| conviction, file an appeal from the conviction to the superior court and be entitled in the latter |
| court to a trial de novo; and provided further, however, that any defendant found guilty of any |
| violation of a minimum housing ordinance or of chapter 24.3 of this title, may within seven (7) |
| days of conviction, file an appeal from the conviction to the sixth division of the district court and |
| be entitled to a trial de novo in accordance with ยงยง 8-8-3(a)(4) and 8-8-3.2. |
| (b) The town council of the town of Warren may establish a municipal housing court 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 zoning ordinances of the town |
| and any violation of the provisions of chapter 24 of this title, (the Rhode Island zoning enabling |
| act of 1991),; any violation of chapter 24.1 of this title (the Historical Zoning Act),; any violation |
| of chapter 24.2 of this title (Minimum Housing Standards Act),; any violation of chapter 24.3 of |
| this title (Housing Maintenance and Occupancy Code),; any violation of chapter 23 of this title |
| (Subdivision and Land Development Act),; any violation of any local Warren ordinance or |
| regulation enacted pursuant to these chapters,;and any violation of the provisions of chapter 27.3 |
| of title 23 (the Rhode Island state building code),; and any violation of the provisions of those |
| regulations promulgated by the state building code commission entitled SBC- I1 Rhode Island |
| state building code,; SBC-2 Rhode Island state one-and two- (2) family (2) dwelling code,; SBC- |
| 3 Rhode Island state plumbing code,; SBC-4 Rhode Island state mechanical code,; SBC-5 Rhode |
| Island state electrical code,; SBC-6 state property maintenance code,; SBC-8 Rhode Island state |
| energy conservation code,; and SBC-20 Rhode Island state fuel and gas code; and provided, |
| further, that any party aggrieved by a final judgment, decree, or order of the Warren housing |
| court may, within twenty (20) days after entry of this judgment, decree, or order, file an appeal to |
| the superior court and be entitled in the latter court to a trial de novo. |
| (b) (c) With respect to violations of either municipal ordinances dealing with minimum |
| housing or chapter 24.3 et seq. of this title dealing with housing maintenance and occupancy, |
| falling under the jurisdiction of the Warren housing court, as outlined in subsection (b) of this |
| section, the town council may also confer upon the municipal housing court, in furtherance of the |
| court's 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; or |
| (3) To otherwise compel compliance with all of the provisions of those ordinances, |
| regulations, and statutes. ; and |
| (4) To order a dwelling into receivership and to order the removal of any cloud on the |
| title to the building or property which that 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. |
| (c) (d) The town council of the town of Warren is authorized and empowered to appoint a |
| judge and clerk of the municipal court. The town council of the town of Warren is also authorized |
| to appoint a judge and clerk of the housing court, which who may be, but is not required to be, |
| the same person(s) holding the judgeship over the municipal court. The town 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 court may impose a sentence not to |
| exceed thirty (30) days in jail and impose a fine not in excess of five hundred dollars ($500), or |
| both. The court is 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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| LC002216/SUB A |
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