Chapter 485
2013 -- S 0202 SUBSTITUTE A
Enacted 07/16/13
A N A C T
RELATING TO
PROPERTY -- ABANDONED PROPERTY
Introduced
By: Senators Doyle, Nesselbush,
Date Introduced: February 06, 2013
It is enacted by the
General Assembly as follows:
SECTION 1. Section 34-44-3 of the General Laws in Chapter
34-44 entitled "Abandoned
Property" is hereby
amended to read as follows:
34-44-3.
Injunctive relief and other relief. -- In any
proceeding, brought under chapter
24.3 of title 45, 27.3 of title 23 entitled the
the provisions of those regulations promulgated by the
state building code standards committee
entitled SBC-1
dwelling code, SBC-3
code, SBC-5
state fuel gas code
or any municipal ordinance or regulation concerning minimum building or
housing standards, that is before a state court, municipal
court, housing division of a state or
municipal court, or in any proceeding upon a verified petition
for abatement filed in the state
court by the municipal corporation in which the property
involved is located, by any neighboring
landowner, or by a nonprofit corporation that is duly organized
and has as one of its goals the
improvement of housing conditions for low and moderate income
persons in the municipality in
which the property in question is located, if a building is
alleged to be abandoned and either to be
in a dangerous or unsafe condition or to be otherwise in
violation of chapter 24.3 of title 45 27.3
of title 23 entitled the
those regulations promulgated by the state building code
standards committee entitled SBC-1
Rhode Island state building code, SBC-2 Rhode Island state
one and two family dwelling code,
SBC-3 Rhode Island state plumbing code, SBC-4 Rhode
Island state mechanical code, SBC-5
Rhode Island state electrical code, SBC-6 state
property maintenance code, SBC-19 state fuel gas
code or any municipal ordinance or regulation concerning
building or housing, the municipal
corporation, neighboring landowner, or nonprofit corporation may
apply for an injunction
requiring the owner of the building to correct the condition or
to eliminate the violation. There
shall be a hearing at least twenty (20) days after a
summons for an injunction, indicating the date
and time of the hearing is served upon the owner of the
building. The summons shall be served by
personal service, residence service, or service by certified
mail pursuant to Rule 4 of the
Court Rules of Civil Procedure. If service cannot be made in one of these ways, the
notice shall
be served by posting it in a conspicuous place on the
building and by publication in a newspaper
of general circulation in the municipality in which the
building is located. If the court finds at the
hearing that the building is abandoned and either is in a
dangerous or unsafe condition or is
otherwise in violation of any ordinance or regulation
concerning minimum housing standards, it
shall issue an injunction requiring the owner to correct
the condition or to eliminate the violation,
or any other order that it considers necessary or
appropriate to correct the condition or to
eliminate the violation.
SECTION 2. This act shall take effect upon passage.
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LC00973/SUB A
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