§ 45-24.3-21 - Application for reconsideration – Conferences – Hearings – Emergencies – Obligations of owner – Court proceedings – Fees.
SECTION 45-24.3-21
§ 45-24.3-21 Application forreconsideration – Conferences – Hearings – Emergencies –Obligations of owner – Court proceedings – Fees. – (a) Application for reconsideration. (1) Any person aggrieved by anotice of the enforcing officer issued in connection with any alleged violationof this chapter or of applicable rules and regulations issued pursuant to it,or by any order requiring repair or demolition pursuant to § 45-24.3-19,may apply to the enforcing officer for a reconsideration of the notice or orderwithin ten (10) days after it has been issued.
(2) The enforcing officer shall set a time and place for aninformal conference on the matter within ten (10) days of the receipt of theapplication, and advise the applicant of the time and place in writing.
(3) At the informal conference, the applicant is permitted topresent his or her grounds for believing that the order should be revoked ormodified to one or more representatives of the enforcing officer.
(4) Within ten (10) days following the close of the informalconference, the enforcing officer shall advise the applicant whether or not heor she will modify or set aside the notice or order issued by the enforcingofficer.
(b) Hearings. (1) Any person aggrieved by a notice ofthe enforcing officer issued in connection with any alleged violation of theprovisions of this chapter or of any applicable rules and regulations pursuantto it, or by any order requiring repair or demolition pursuant to §45-24.3-19, may file with the housing board of review a petition stating thatperson's reasons for contesting the notice or order.
(2) The petition shall be filed within ten (10) days afterthe notice or order is served on the petitioner in the manner prescribed by§ 45-24.3-17.
(3) Upon receipt of a valid petition, the housing board ofreview shall either grant or deny the hearing requested, and advise thepetitioner of its decision, in writing, within ten (10) days of the day onwhich his or her petition was received.
(4) When the housing board of review determines to hold ahearing, it shall serve the petitioner with notice of its decision in themanner provided for service of notice in § 45-24.3-17. The notice shall beserved within ten (10) days of the receipt of the petition.
(5) At the hearing, the petitioner shall be given anopportunity to show cause why the notice or order should be modified orwithdrawn, or why the period of time permitted for compliance should beextended.
(6) The housing board of review has the power to affirm,modify, or revoke the notice or order, and may grant an extension of time, forthe performance of any act required, of not more than three (3) additionalmonths where the housing board of review finds that there is practicaldifficulty or undue hardship connected with the performance of any act requiredby the provisions of this chapter or by applicable rules and regulations issuedpursuant to it; when the housing board of review finds that there is practicaldifficulty or unnecessary hardship connected with the performance of any actrequired by this chapter and applicable rules and regulations pursuant to it;that strict adherence to these provisions would be arbitrary in the case athand; that extension would not provide an appropriate remedy in the case athand; and that a variance is in harmony with the general purpose of thischapter to secure the public health, safety, and welfare.
(c) Emergencies. (1) Whenever, in the judgment of theenforcing officer, an emergency exists which requires immediate action toprotect the public health, safety, or welfare, notice of violation may beissued, directing the owner, occupant, operator, or agent to take action thatis appropriate to correct or abate the emergency.
(2) The owner, occupant, operator, or agent may petition fora code enforcement hearing, but the hearing shall in no case stay the abatementof correction of the emergency.
(3) Every owner of a dwelling or multiple dwelling unit isresponsible for maintaining all surfaces covered by lead-based substances in anappropriate manner as to insure no unsafe conditions exist as described in§ 45-24.3-10.
(4) It is unlawful for any owner, operator, or agent to evictoccupants from a dwelling or dwelling unit without just cause duringconferences, hearings, appeals, or when served with a notice of violation.
(5) To expedite correction or abatement of emergencyviolations the following time intervals hold:
(i) A notice of violation provides a time period not toexceed ten (10) days for the correction of any violation. The person servedwith the notice of violation has a time period not to exceed five (5) days topetition for an informal hearing with the local code enforcement agency, whichwill be held within five (5) days.
(ii) Second notice of violation. A second notice ofviolation provides a time period not to exceed five (5) days for the correctionof any violation.
(d) Court proceedings. (1) The district court, upondue proceedings instituted in the name of any of the several cities or towns,has power to proceed according to equity:
(i) To restrain, prevent, enjoin, abate, or correct aviolation; or
(ii) To order the repair, vacation, or demolition of anydwelling existing in violation of the provisions of this chapter or tootherwise compel compliance with all of the provisions of this chapter orcorporate unit ordinances adopted pursuant to the authority of this chapter.
When, under the provisions of this chapter or of anyordinance passed pursuant to the authority of this chapter, any work is done ormaterial furnished by any enforcing officer or by his or her order at theexpense of the owner or other persons interested, the value of the work andmaterial may be recovered in an action brought against the owner or otherinterested person or persons, and if any work or materials been done orfurnished at the cost of the corporate unit, the enforcing officer shall causethe action to be brought in the name of the corporate unit. Upon the entry ofany case or proceeding brought under the provisions of this chapter, the courtshall, at the request of either party, advance the case so that it may be heardand determined with as little delay as possible.
(2) The court shall extend priority to the scheduling ofemergency cases.
(e) Filing fees; judicial review. All proceedingsinstituted in the names of the several cities and towns are exempt from thepayment of the district court filing fees. Any person or persons jointly orseverally aggrieved by the final judgment, decision, or order of the districtcourt may seek review by the supreme court in accordance with § 8-8-3.2(b).