Chapter 360
2017 -- S 0657 SUBSTITUTE A
Enacted 09/29/2017

A N   A C T
RELATING TO TOWNS AND CITIES -- GENERAL POWERS -- WARREN MUNICIPAL HOUSING COURT

Introduced By: Senator Walter S. Felag
Date Introduced: March 29, 2017

It is enacted by the General Assembly as follows:
     SECTION 1. Section 45-2-47 of the General Laws in Chapter 45-2 entitled "General
Powers" is hereby amended to read as follows:
     45-2-47. Town of Warren -- Municipal court. Town of Warren -- Municipal court --
Municipal housing court.
     (a) The town council of the town of Warren may establish a municipal court and confer
upon that court original jurisdiction, notwithstanding any other provisions of the general laws, to
hear and determine causes involving the violation of any ordinance, including minimum housing
ordinances of the town and any violation of the provisions of chapter 24.3 of this title, entitled the
Rhode Island Housing Maintenance and Occupancy Code; provided, however, that any defendant
found guilty of any offense, excluding violations of the minimum housing ordinances or chapter
24.3 of this title may, outlined in subsection (b), of this section, may, within seven (7) days of
conviction, file an appeal from the conviction to the superior court and be entitled in the latter
court to a trial de novo; and provided further, however, that any defendant found guilty of any
violation of a minimum housing ordinance or of chapter 24.3 of this title, may within seven (7)
days of conviction, file an appeal from the conviction to the sixth division of the district court and
be entitled to a trial de novo in accordance with ยงยง 8-8-3(a)(4) and 8-8-3.2.
     (b) The town council of the town of Warren may establish a municipal housing court and
confer upon the court original jurisdiction, notwithstanding any other provisions of the general
laws, to hear and determine causes involving the violation of the zoning ordinances of the town
and any violation of the provisions of chapter 24 of this title, (the Rhode Island zoning enabling
act of 1991),; any violation of chapter 24.1 of this title (the Historical Zoning Act),; any violation
of chapter 24.2 of this title (Minimum Housing Standards Act),; any violation of chapter 24.3 of
this title (Housing Maintenance and Occupancy Code),; any violation of chapter 23 of this title
(Subdivision and Land Development Act),; any violation of any local Warren ordinance or
regulation enacted pursuant to these chapters,; and any violation of the provisions of chapter 27.3
of title 23 (the Rhode Island state building code),; and any violation of the provisions of those
regulations promulgated by the state building code commission entitled SBC- I1 Rhode Island
state building code,; SBC-2 Rhode Island state one-and two- (2) family (2) 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-8 Rhode Island state
energy conservation code,; and SBC-20 Rhode Island state fuel and gas code; and provided,
further, that any party aggrieved by a final judgment, decree, or order of the Warren housing
court may, within twenty (20) days after entry of this judgment, decree, or order, file an appeal to
the superior court and be entitled in the latter court to a trial de novo.
      (b) (c) With respect to violations of either municipal ordinances dealing with minimum
housing or chapter 24.3 et seq. of this title dealing with housing maintenance and occupancy,
falling under the jurisdiction of the Warren housing court, as outlined in subsection (b) of this
section, the town council may also confer upon the municipal housing court, in furtherance of the
court's jurisdiction, the power to proceed according to equity:
     (1) To restrain, prevent, enjoin, abate, or correct a violation;
     (2) To order the repair, vacation, or demolition of any dwelling, existing in violation; or
     (3) To otherwise compel compliance with all of the provisions of those ordinances,
regulations, and statutes. ; and
     (4) To order a dwelling into receivership and to order the removal of any cloud on the
title to the building or property which that shall be binding upon all those claiming by, through,
under, or by virtue of any inferior liens or encumbrances pursuant to chapter 44 et seq., of title 34.
     (c) (d) The town council of the town of Warren is authorized and empowered to appoint a
judge and clerk of the municipal court. The town council of the town of Warren is also authorized
to appoint a judge and clerk of the housing court, which who may be, but is not required to be,
the same person(s) holding the judgeship over the municipal court. The town council of the city is
authorized and empowered to enact ordinances governing the personnel, operation, and procedure
to be followed in the court and to establish a schedule of fees and costs and to otherwise provide
for the operation and management of the court. The municipal court may impose a sentence not to
exceed thirty (30) days in jail and impose a fine not in excess of five hundred dollars ($500), or
both. The court is empowered to administer oaths,; compel the attendance of witnesses,; and
punish persons for contempt,; and to execute search warrants to the extent the warrants could be
executed by a judge of the district court.
     SECTION 2. This act shall take effect upon passage.
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LC002258/SUB A
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