2019 -- H 6125

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LC002639

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO TOWNS AND CITIES -- GENERAL POWERS

     

     Introduced By: Representatives Tanzi, Fogarty, McEntee, and Filippi

     Date Introduced: May 20, 2019

     Referred To: House Municipal Government

     It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 45-2 of the General Laws entitled "General Powers" is hereby

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amended by adding thereto the following section:

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     45-2-67. Town of South Kingstown -- Municipal court.

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     (a) The town council of the town of South Kingstown may establish a municipal court

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

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general laws, to hear and determine causes involving the violation of any ordinance; provided,

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however, that any defendant found guilty of any offense, excluding violations outlined in

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subsection (b) of this section, may, within seven (7) days of conviction, file an appeal from the

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conviction to the Washington County superior court and be entitled in the latter court to a trial de

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novo.

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     (b) The town council of the town of South Kingstown may establish a municipal housing

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

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

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

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enabling act of 1991); any violation of chapter 24.1 of this title (the historical zoning act); any

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violation of chapter 24.2 of this title (minimum housing standards act); any violation of chapter

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24.3 of this title (housing maintenance and occupancy code); any violation of chapter 23 of this

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title (subdivision and land development act); any violation of any local South Kingstown

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ordinance or regulation enacted pursuant to these chapters; and any violation of the provisions of

 

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chapter 27.3 of title 23 (the Rhode Island state building code); and any violation of the provisions

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of those regulations promulgated by the state building code commission entitled SBC-1 Rhode

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

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3 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-19 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 South Kingstown

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housing court may, within twenty (20) days after entry of this judgment, decree, or order, file an

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appeal to the Washington County superior court and be entitled in the latter court to a trial de

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novo.

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     (c) With respect to violations falling under the jurisdiction of the South Kingstown

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housing court, as outlined in subsection (b) of this section, the town council may also confer upon

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the housing court, in furtherance of the court's jurisdiction, the power to proceed according to

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equity:

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

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

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

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regulations, and statutes; and

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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 that 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 of title 34.

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     (d) The town council of the town of South Kingstown is authorized and empowered to

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appoint a judge and clerk of the municipal court. The town council of the town of South

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Kingstown is also authorized to appoint a judge and clerk of the housing court, who may be, but

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is not required to be, the same person(s) holding the judgeship over the municipal court. The town

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council is authorized and empowered to enact ordinances governing the personnel, operation, and

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

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otherwise provide for the operation and management of the court. The municipal court may

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impose a fine not in excess of five hundred dollars ($500) for each offense. The court is

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empowered to administer oaths; compel the attendance of witnesses; punish persons for

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contempt; and to execute search warrants to the extent the warrants could be executed by a judge

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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

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     This act would authorize the town council of the town of South Kingstown to create a

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municipal court and housing court and defines the respective jurisdiction of those two courts.

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     This act would take effect upon passage.

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