Chapter 135

2011 -- H 5945

Enacted 06/29/11

A N A C T

RELATING TO TOWNS AND CITIES

Introduced By: Representatives Williams, Slater, Carnevale, Blazejewski, and Medina

Date Introduced: March 17, 2011

It is enacted by the General Assembly as follows:

SECTION 1. Section 45-24.2-7 of the General Laws in Chapter 45-24.2 entitled

"Minimum Housing Standards" is hereby amended to read as follows:

45-24.2-7. Penalties -- District court jurisdiction -- Providence housing court --

Municipal court of the town of North Providence -- Review by Supreme Court Penalties -

District court jurisdiction - Providence housing court –Lead court calendar - Municipal

court of the town of North Providence - Review by Supreme Court. – (a) Failure to comply

with any ordinance, rule, or regulation passed pursuant either to the authority hereof or to any

special act governing minimum housing shall constitute a violation, as defined in section 11-1-2,

punishable by a fine of not more than five hundred dollars ($500) for each violation, and each

day's failure to comply with any provision shall constitute a separate violation. The district court

shall have exclusive original jurisdiction of all violations as provided in section 12-3-1; provided,

that in the city of Providence, the Providence housing court shall have jurisdiction to try

violations occurring within the city of Providence; provided, further, that in the town of North

Providence, the municipal court of the town of North Providence shall have jurisdiction to try

violations occurring within the town of North Providence, but only in the event that the city shall

by ordinance create a court for the purpose of exercising jurisdiction over minimum housing

standards. A party aggrieved by any judgment of the district court imposing a fine pursuant to this

section may seek review by the supreme court in accordance with section 12-22-1.1.

(b) The city council of the city of Providence may establish within its housing court a

separate calendar within the jurisdiction of the housing court to be known and referred to as the

“lead court calendar” for the hearing trial and disposition of actions involving lead within

buildings and on premises or property in the city of Providence, including, but not limited to,

actions brought pursuant to chapters 23-24.6 (“Lead Poisoning Prevention Act”) and/or 42-128.1

(“Lead Hazard Mitigation”). The jurisdiction of the "lead court calendar" of the Providence

housing court shall be concurrent with any other court or entity given jurisdiction to hear such

matters under the general laws. A justice of the lead court calendar may defer or order a case

removed to another court or forum of competent jurisdiction, including, but not limited to, an

appropriate administrative agency, if the judge determines that such other court or forum would

be a more appropriate court or forum to hear the matter involved.

SECTION 2. This act shall take effect upon passage.

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LC01971

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