Chapter 360 |
2017 -- S 0657 SUBSTITUTE A Enacted 09/29/2017 |
A N A C T |
RELATING TO TOWNS AND CITIES -- GENERAL POWERS -- WARREN MUNICIPAL HOUSING COURT |
Introduced By: Senator Walter S. Felag |
Date Introduced: March 29, 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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LC002258/SUB A |
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