2013 -- S 0202 SUBSTITUTE A

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LC00973/SUB A

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO PROPERTY -- ABANDONED PROPERTY

     Introduced By: Senators Doyle, Nesselbush, Crowley, and Conley

     Date Introduced: February 06, 2013

     Referred To: Senate Housing & Municipal Government

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 34-44-3 of the General Laws in Chapter 34-44 entitled "Abandoned

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Property" is hereby amended to read as follows:

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     34-44-3. Injunctive relief and other relief. -- In any proceeding, brought under chapter

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24.3 of title 45, 27.3 of title 23 entitled the Rhode Island state building code, and any violation of

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the provisions of those regulations promulgated by the state building code standards committee

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entitled SBC-1 Rhode Island state building code, SBC-2 Rhode Island state one and two family

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dwelling code, SBC-3 Rhode Island state plumbing code, SBC-4 Rhode Island state mechanical

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code, SBC-5 Rhode Island state electrical code, SBC-6 state property maintenance code, SBC-19

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state fuel gas code or any municipal ordinance or regulation concerning minimum building or

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housing standards, that is before a state court, municipal court, housing division of a state or

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municipal court, or in any proceeding upon a verified petition for abatement filed in the state

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court by the municipal corporation in which the property involved is located, by any neighboring

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landowner, or by a nonprofit corporation that is duly organized and has as one of its goals the

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improvement of housing conditions for low and moderate income persons in the municipality in

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which the property in question is located, if a building is alleged to be abandoned and either to be

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in a dangerous or unsafe condition or to be otherwise in violation of chapter 24.3 of title 45 27.3

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of title 23 entitled the Rhode Island state building code, and any violation of the provisions of

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those regulations promulgated by the state building code standards committee entitled SBC-1

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Rhode Island state building code, SBC-2 Rhode Island state one and two family dwelling code,

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SBC-3 Rhode Island state plumbing code, SBC-4 Rhode Island state mechanical code, SBC-5

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Rhode Island state electrical code, SBC-6 state property maintenance code, SBC-19 state fuel gas

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code or any municipal ordinance or regulation concerning building or housing, the municipal

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corporation, neighboring landowner, or nonprofit corporation may apply for an injunction

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requiring the owner of the building to correct the condition or to eliminate the violation. There

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shall be a hearing at least twenty (20) days after a summons for an injunction, indicating the date

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and time of the hearing is served upon the owner of the building. The summons shall be served by

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personal service, residence service, or service by certified mail pursuant to Rule 4 of the Superior

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Court Rules of Civil Procedure. If service cannot be made in one of these ways, the notice shall

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be served by posting it in a conspicuous place on the building and by publication in a newspaper

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of general circulation in the municipality in which the building is located. If the court finds at the

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hearing that the building is abandoned and either is in a dangerous or unsafe condition or is

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otherwise in violation of any ordinance or regulation concerning minimum housing standards, it

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shall issue an injunction requiring the owner to correct the condition or to eliminate the violation,

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or any other order that it considers necessary or appropriate to correct the condition or to

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eliminate the violation.

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     SECTION 2. This act shall take effect upon passage.

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LC00973/SUB A

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO PROPERTY -- ABANDONED PROPERTY

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     This act would clarify the types of proceedings in which injunctive or other relief may be

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granted in matters involving minimum building or housing standards.

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     This act would take effect upon passage.

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LC00973/SUB A

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