2014 -- S 2718 SUBSTITUTE A

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LC004815/SUB A

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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

     It is enacted by the General Assembly as follows:

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

Ordinances" is hereby amended to read as follows:

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

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

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

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

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

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

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

offense. Any fine inures to the city or town.

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

section, a zoning ordinance may provide for a one-time civil penalty for a violation of a

municipal ordinance pertaining to the removal of significant trees, in which case, the one-time

civil penalty shall be established using the trunk formula method set forth in the latest edition of

guide for plant appraisal authored by the council of tree and landscape appraisers, as well as the

damage caused by the violation.

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

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

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

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

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

located.

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

or town.

     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

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

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

pertaining to the removal of significant trees.

     This act would take effect upon passage.

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