2020 -- S 2392 | |
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LC004379 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2020 | |
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A N A C T | |
RELATING TO TOWN AND CITIES – MINIMUM HOUSING STANDARDS | |
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Introduced By: Senator Dennis L. Algiere | |
Date Introduced: February 13, 2020 | |
Referred To: Senate Housing & Municipal Government | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 45-24.2-5 of the General Laws in Chapter 45-24.2 entitled |
2 | "Minimum Housing Standards" is hereby amended to read as follows: |
3 | 45-24.2-5. Housing board of review. |
4 | (a) The city and town councils authorized to adopt standards relating to minimum |
5 | housing may provide for the selection and organization of a housing board of review consisting of |
6 | five (5) members; provided, that in the case of the housing board of review of the city of |
7 | Providence, there shall be seven (7) members, five (5) of whom shall be appointed by the mayor |
8 | and two (2) of whom shall be members of the city council elected by the city council from its |
9 | members to serve for a term ending the first Monday in January, 1975, and, thereafter, to be |
10 | elected for a term of four (4) years; and provided, further, that in the case of the housing board of |
11 | review of the town of Westerly there shall be three (3) members, with two (2) members |
12 | constituting a quorum. The city and town councils are authorized to designate the board of |
13 | appeals as the housing board of review in the cities and towns where these boards of appeal now |
14 | exist or may be authorized by law. The chairperson or, in the chairperson's absence, the acting |
15 | chairperson, may administer oaths and compel the attendance of witnesses. All hearings of the |
16 | board are open to the public. |
17 | (b) Any housing board of review established pursuant to this chapter is governed by the |
18 | following procedure: |
19 | (1) The board shall keep minutes of its proceedings, showing the vote upon each |
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1 | question, and shall keep records of its decisions and findings and the reasons therefor, and of its |
2 | examinations and other official actions, all of which shall be filed immediately in the office of the |
3 | board and are a public record. |
4 | (2) Appeals to the board may be taken by any person upon whom a compliance order has |
5 | been issued by the enforcing officer. The period in which the appeal may be taken shall be |
6 | prescribed by ordinance or by the rules of the board. The appeals shall be filed with the board and |
7 | shall specify the grounds of the appeal. The board shall immediately transmit a copy of the appeal |
8 | to the enforcing officer. Upon receipt by the enforcing officer of the appeal, he or she shall |
9 | immediately transmit to the board all the papers constituting the record upon which the |
10 | compliance order was based. |
11 | (3) An appeal shall stay all proceedings in furtherance of the action appealed from unless |
12 | the enforcing officer from whom the appeal is taken certifies to the board, after notice of the |
13 | appeal has been transmitted to the officer, that, by reason of facts stated in the certificate, a stay |
14 | would, in his or her opinion, cause a serious hazard or immediate peril to the health or safety of |
15 | the occupants of a dwelling or of the public. In that case proceedings shall not be stayed except |
16 | by a restraining order which may be granted by a court of competent jurisdiction on application |
17 | and upon notice of the enforcing officer from whose order the appeal is taken and on due cause |
18 | shown. |
19 | (4) The board shall fix a reasonable time for the hearing of the appeal, give due notice to |
20 | the party making the appeal and the enforcing officer, and decide the appeal within a reasonable |
21 | time. At the hearing any party may appear in person or by agent or attorney. |
22 | (c) The housing board of review has the following powers: |
23 | (1) The housing board of review has the power to hear and decide appeals where it is |
24 | alleged that there is error in any order, requirement, decision, or determination made by an |
25 | enforcing officer in the enforcement of this chapter or any ordinance, rule, or regulation adopted |
26 | pursuant to the authority of this chapter. |
27 | (2) Where, by reason of an extraordinary and exceptional condition or situation unique to |
28 | the property involved, the strict application of any ordinance, rule, or regulation adopted pursuant |
29 | to the authority of this chapter would result in peculiar and exceptional difficulties to, or |
30 | exceptional and undue hardship upon, the person upon whom a compliance order has been issued, |
31 | the housing board of review has the power to vary from this strict application to the least extent |
32 | necessary to relieve difficulties or hardship; provided, that relief may be granted without |
33 | substantial detriment to public health, safety, morals, and general welfare, and without substantial |
34 | impairment of the intent and purpose of the ordinance, rule, or regulation. |
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1 | (3) In exercising the powers established by this section, the board may, in conformity |
2 | with the provisions of this chapter, reverse or affirm, wholly or partly, or may modify any order, |
3 | requirement, decision, or determination of the enforcing officer, and may make an order, |
4 | requirement, decision, or determination that ought to be made, and to that end has all the powers |
5 | of the enforcing officer from whom the appeal was taken. |
6 | (4) In order to hear an appeal, a quorum of three (3) members of the board must be |
7 | present. A concurring vote of a majority of the members of the board present at the hearing is |
8 | necessary to reverse or modify any order or decision of the enforcing officer and to authorize a |
9 | variance or modification in the application of any provisions of any ordinance, rule, or regulation |
10 | adopted pursuant to the authority of this chapter. In the event of a tie vote, the order of the |
11 | enforcing officer is deemed to be sustained. Except as provided in § 45-24.2-6 of this chapter, the |
12 | findings of the board are conclusive with respect to questions of fact and may be reviewed only as |
13 | to questions of law. |
14 | SECTION 2. This act shall take effect upon passage. |
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LC004379 | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO TOWN AND CITIES – MINIMUM HOUSING STANDARDS | |
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1 | This act would repeal the selection and organization of a housing board of review for the |
2 | Town of Westerly. |
3 | This act would take effect upon passage. |
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LC004379 | |
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