Title 34
Property

Chapter 44
Abandoned Property

§ 34-44-3. Injunctive relief and other relief.

(a) In any proceeding:

(1) Brought under chapter 27.3 of title 23 entitled the Rhode Island state building code, and any violation of the provisions of 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 minimum housing standards, that is before a state court, municipal court, housing division of a state or municipal court; or

(2) Brought 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, registered to do business in the state, 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 27.3 of title 23 entitled the Rhode Island state building code, and any violation of the provisions of 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 which request shall include evidence of the condition(s) alleged satisfactory to the court, in its discretion.

(b) Unless the court finds an immediate need, due to public safety, for a shortened period, 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 R.I. Super. Ct. R. Civ. P. 4. 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.