2013 -- S 0202

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LC00973

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

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

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

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two family dwelling code, SBC-3 Rhode Island state plumbing code, SBC-4 Rhode Island state

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

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code, SBC-19 state fuel gas code or any municipal ordinance or regulation concerning minimum

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

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

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

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

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

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

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and either to be in a dangerous or unsafe condition or to be otherwise in violation of chapter 24.3

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

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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 building or housing, the

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

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injunction requiring the owner of the building to correct the condition or to eliminate the

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violation. There shall be a hearing at least twenty (20) days after a summons for an injunction,

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indicating the date and time of the hearing is served upon the owner of the building. The

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summons shall be served by personal service, residence service, or service by certified mail

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pursuant to Rule 4 of the Superior Court Rules of Civil Procedure. If service cannot be made in

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one of these ways, the notice shall be served by posting it in a conspicuous place on the building

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and by publication in a newspaper of general circulation in the municipality in which the building

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is located. If the court finds at the hearing that the building is abandoned and either is in a

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dangerous or unsafe condition or is otherwise in violation of any ordinance or regulation

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concerning minimum housing standards, it shall issue an injunction requiring the owner to correct

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the condition or to eliminate the violation, or any other order that it considers necessary or

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appropriate to correct the condition or to eliminate the violation.

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     SECTION 2. This act shall take effect upon passage.

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LC00973

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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 proceeding 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

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