2001-S 0072A
Enacted 07/13/2001

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Introduced By:  Senators Walaska, Kells, Fogarty, Alves and Celona Date Introduced:  January 16, 2001

It is enacted by the General Assembly as follows:

SECTION 1. Section 45-24-66 of the General Laws in Chapter 45-24 entitled "Zoning Ordinances" is hereby amended to read as follows:

45-24-66. Appeals -- Public hearing by zoning board of review -- The zoning board of review shall fix a reasonable time for the hearing of the appeal, and shall give public notice, as well as notice to the parties of interest, and at least fourteen (14) days prior to the date of the hearing in a newspaper of general circulation in the city or town. Notice of the hearing, which shall include the street address of the subject property, shall be sent by first class mail, postage prepaid, to the appellant and to those requiring notice under section 45-24-53. The zoning board of review shall decide the matter within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney. The cost of any notice required for the hearing shall be borne by the appellant.

SECTION 2. Chapter 45-24 of the General Laws entitled "Zoning Ordinances" is hereby amended by adding thereto the following section:

45-24-69.1. Appeals -- Notice of appeals to superior court. -- (a) Whenever an aggrieved party appeals a decision of a zoning board of review to the superior court pursuant to the provisions of section 45-24-69, the aggrieved party shall also give notice of said appeal to those persons who were entitled to notice of the hearing set by the zoning board of review. Such persons are set forth and described in section 45-24-53.

(b) Such notice shall be mailed to those parties described in section 45-24-53 within ten (10) business days of the date that the appeal is filed in superior court not counting Saturdays, Sundays, or holidays. Such notice shall be sent by first class mail, postage prepaid, and the cost of such notice shall be borne by the aggrieved party filing the appeal in superior court.

(c) The notice sent for such appeal to the superior court as described herein shall include and contain:

(1) the caption and civil action number of the case;

(2) The date the case was filed in the superior court;

(3) The county in which said appeal to superior court was filed;

(4) The name, address and telephone number of the attorney filing the appeal on behalf of the aggrieved party, or, the name, address, and telephone number of the aggrieved party if the aggrieved party is not represented by counsel;

(5) Language in bold type notifying the person(s) receiving such notice that an appeal has been filed in the superior court;

(6) Language indicating that the aggrieved party will serve the named defendants, who will thereafter serve their answers as the appeal proceeds;

(7) Language indicating that the persons receiving such notice may retain counsel and/or participate in the appeal insofar as the law allows;

(8) Language indicating that an appeal of a decision of a zoning board to the superior court is governed by sections 45-24-69 and 45-24-69.1 of the general laws; and

(9) The date of the notice shall be contained on the notice.

(d) Within twenty (20) days after such notice as described herein is sent, the aggrieved party shall file an affidavit with the court indicating and/or containing:

(1) A complete list of all the names and addresses of the intended recipients of such notice;

(2) The date such notice was sent;

(3) An affirmative statement verifying such notice was sent by first class mail, postage prepaid;

(4) An affirmative statement verifying that each notice was sent in an envelope containing a return address and indicating the return address on the envelope;

(5) A statement identifying all such notices that were returned to the return address or not delivered for whatever reason and/or an affirmative statement indicating that all other notices have not been returned as of the date and time of the affidavit; and

(6) A copy of the form of the notice shall be attached to the affidavit.

SECTION 3. This act shall take effect upon passage.

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