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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:

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

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Powers" is hereby amended to read as follows:

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

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Municipal housing court.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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may, within twenty (20) days after entry of this judgment, decree or order, file an appeal to the

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superior court and be entitled in the latter court to a trial de novo.

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

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

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

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

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

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

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

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

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regulations, and statutes. ;

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

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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.

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

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

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

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

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

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

 

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

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

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

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

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executed by a judge of the district court.

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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 -- 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

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housing court and defines that court's jurisdiction.

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     This act would take effect upon passage.

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