2017 -- H 5969

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LC002216

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO TOWNS AND CITIES -- GENERAL POWERS -- WARREN MUNICIPAL

HOUSING COURT

     Introduced By: Representatives Knight, and Marshall

     Date Introduced: March 22, 2017

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 45-2-47 of the General Laws in Chapter 45-2 entitled "General

Powers" is hereby amended to read as follows:

     45-2-47. Town of Warren -- Municipal court.

     (a) The town council of the town of Warren may establish a municipal court and confer

upon that court original jurisdiction, notwithstanding any other provisions of the general laws, to

hear and determine causes involving the violation of any ordinance, including minimum housing

ordinances of the town and any violation of the provisions of chapter 24.3 of this title, entitled the

Rhode Island Housing Maintenance and Occupancy Code; provided, however, that any defendant

found guilty of any offense, excluding violations of the minimum housing ordinances or chapter

24.3 of this title may, outlined in subsection (b), of this section, may within seven (7) days of

conviction, file an appeal from the conviction to the superior court and be entitled in the latter

court to a trial de novo; and provided further, however, that any defendant found guilty of any

violation of a minimum housing ordinance or of chapter 24.3 of this title, may within seven (7)

days of conviction, file an appeal from the conviction to the sixth division of the district court and

be entitled to a trial de novo in accordance with §§ 8-8-3(a)(4) and 8-8-3.2.

     (b) The town council of the town of Warren may establish a municipal housing court and

confer upon the court original jurisdiction, notwithstanding any other provisions of the general

laws, to hear and determine causes involving the violation of the zoning ordinances of the town

and any violation of the provisions of chapter 24 of this title, (the Rhode Island zoning enabling

act of 1991), any violation of chapter 24.1 of this title (the Historical Zoning Act), any violation

of chapter 24.2 of this title (Minimum Housing Standards Act), any violation of chapter 24.3 of

this title (Housing Maintenance and Occupancy Code), any violation of chapter 23 of this title

(Subdivision and Land Development Act), any violation of any local Warren ordinance or

regulation enacted pursuant to these chapters, and any violation of the provisions of chapter 27.3

of title 23 (the Rhode Island state building code), and any violation of the provisions of those

regulations promulgated by the state building code commission entitled SBC- I Rhode Island

state building code, SBC-2 Rhode Island state one and two (2) family dwelling code, SBC-3

Rhode Island state plumbing code, SBC-4 Rhode Island state mechanical code, SBC-5 Rhode

Island state electrical code, SBC-6 state property maintenance code, SBC-8 Rhode Island state

energy conservation code, and SBC-20 Rhode Island state fuel and gas code; and provided,

further, that any party aggrieved by a final judgment, decree or order of the Warren housing court

may, within twenty (20) days after entry of this judgment, decree or order, petition to the supreme

court for the state of Rhode Island for a writ of certiorari to review any errors involved. The

petition for the writ of certiorari shall state the errors claimed. Upon the filing of a petition with

the clerk of the supreme court, the supreme court may, if it sees fit, issue a writ of certiorari to the

Warren housing court to certify to the supreme court the record of the proceedings of the case

together with and transcript of the proceedings by the petitioner at his expense.

      (b) (c) With respect to violations of either municipal ordinances dealing with minimum

housing or chapter 24.3 et seq. of this title dealing with housing maintenance and occupancy,

falling under the jurisdiction of the Warren housing court, as outlined in subsection (b) of this

section, the town council may also confer upon the municipal housing court, in furtherance of the

court's jurisdiction, the power to proceed according to equity:

     (1) To restrain, prevent, enjoin, abate, or correct a violation;

     (2) To order the repair, vacation, or demolition of any dwelling, existing in violation; or

     (3) To otherwise compel compliance with all of the provisions of those ordinances,

regulations, and statutes. ;

     (4) To authorize some official of the city or town, upon the owner's failure to remedy a

violation, to remedy the violation at the expense of the owner, with the cost of remedial measure

recorded as a lien against the property, which shall be treated in the same manner as local

property tax liens; or

     (5) To order a dwelling into receivership and to order the removal of any cloud on the

title to the building or property which shall be binding upon all those claiming by, through, under,

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or by virtue of any inferior liens or encumbrances pursuant to chapter 44 et seq., of title 34.

     (c) (d) The town council of the town of Warren is authorized and empowered to appoint a

judge and clerk of the municipal court. The town council of the town of Warren is also authorized

to appoint a judge and clerk of the housing court, which may be, but is not required to be, the

same person(s) holding the judgeship over the municipal court. The town council of the city is

authorized and empowered to enact ordinances governing the personnel, operation, and procedure

to be followed in the court and to establish a schedule of fees and costs and to otherwise provide

for the operation and management of the court. The municipal court may impose a sentence not to

exceed thirty (30) days in jail and impose a fine not in excess of five hundred dollars ($500), or

both. The court is empowered to administer oaths, compel the attendance of witnesses, and

punish persons for contempt, and to execute search warrants to the extent the warrants could be

executed by a judge of the district court.

     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 -- GENERAL POWERS -- WARREN MUNICIPAL

HOUSING COURT

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     This act would authorize the town council of the town of Warren to create a municipal

housing court and defines that court's jurisdiction.

     This act would take effect upon passage.

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