2015 -- H 6125

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LC002355

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO HEALTH AND SAFETY - STATE BUILDING CODE

     

     Introduced By: Representatives McKiernan, Carnevale, O'Brien, Almeida, and

     Date Introduced: April 29, 2015

     Referred To: House Municipal Government

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 23-27.3-122.3 of the General Laws in Chapter 23-27.3 entitled

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"State Building Code" is hereby amended to read as follows:

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     23-27.3-122.3. Penalties. -- Every person who shall violate any provision of this code

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shall be punished by imprisonment in the adult correctional institution for not more than one year,

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or by a fine of not more than five hundred dollars ($500), or both, for each violation. Each day

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during which any portion of a violation continues shall constitute a separate offense. Any fine

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issued and accruing pursuant to this section shall be charged against the real estate upon which

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the violation arose and shall constitute a lien upon such real estate. The lien shall have the same

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priority, force and effect as a tax lien on real estate, as provided in § 44-9-1, except that the lien

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shall continue in perpetuity until satisfied and shall not be subject to termination pursuant to § 44-

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9-1(b). The total of any and all such fines shall be added to the amount of taxes due on the real

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estate. The tax collector of the city or town shall have the same powers and duties with respect to

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such claims as afforded with respect to annual taxes due upon real estate and the provisions of

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law relative to the collection of annual taxes, the sale or taking of land for the nonpayment thereof

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and the redemption of land so sold or taken shall apply to such liens.

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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 HEALTH AND SAFETY - STATE BUILDING CODE

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     This act would provide super-priority lien status to fines issued in connection with

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violations of the state building code, and the state property maintenance code, in the same manner

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as already provided for boarding and demolition liens.

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     This act would take effect upon passage.

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