2014 -- S 2718

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LC004815

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO TOWNS AND CITIES -- ZONING ORDINANCES

     

     Introduced By: Senators Miller, Goodwin, and Goldin

     Date Introduced: March 05, 2014

     Referred To: Senate Judiciary

     (by request)

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 45-24-60 of the General Laws in Chapter 45-24 entitled "Zoning

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Ordinances" is hereby amended to read as follows:

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     45-24-60. Administration -- Violations. -- (a) A zoning ordinance adopted pursuant to

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this chapter provides shall provide for a civil penalty for any violation of the zoning ordinance, or

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for a violation of any terms or conditions of any action imposed by the zoning board of review or

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of any other agency or officer charged in the ordinance with enforcement of any of its provisions.

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The amount of the penalty for the violation must reasonably relate to the seriousness of the

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offense, and shall not exceed five hundred dollars ($500) one thousand dollars ($1,000) for each

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violation. , and each Each day of the existence of any violation is deemed to be a separate

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offense. Any fine inures to the city or town.

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     (b) Notwithstanding the provisions and limitations contained in subsection (a) of this

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section, an ordinance may provide for a one-time civil penalty for a violation thereof causing

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permanent damage to property or to the public health, safety and/or welfare. The one-time penalty

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shall be equivalent to the actual value of the property, and damage caused by the violation.

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     (b)(c) The city or town may also cause suit to be brought in the supreme or superior

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court, or any municipal court, including a municipal housing court having jurisdiction, in the

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name of the city or town, to restrain the violation of, or to compel compliance with, the provisions

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of its zoning ordinance. A city or town may consolidate an action for injunctive relief and/or civil

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fines under the ordinance in the superior court of the county in which the subject property is

 

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located.

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     (d) Any and all penalties or fines imposed pursuant to this section shall inure to the city

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or town.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO TOWNS AND CITIES -- ZONING ORDINANCES

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     This act would amend the amount a city or town may charge as a daily penalty for

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violations of zoning ordinances from five hundred dollars ($500) to one thousand dollars ($1,000)

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and would provide for a one-time unlimited civil penalty for violations of a zoning ordinance

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when the violation caused permanent damage to public health, safety and/or welfare.

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     This act would take effect upon passage.

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