City of Providence v. Kalian

542 A.2d 250, 1988 R.I. LEXIS 83, 1988 WL 57736
CourtSupreme Court of Rhode Island
DecidedJune 9, 1988
DocketNo. 86-384-M.P.
StatusPublished

This text of 542 A.2d 250 (City of Providence v. Kalian) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Providence v. Kalian, 542 A.2d 250, 1988 R.I. LEXIS 83, 1988 WL 57736 (R.I. 1988).

Opinion

OPINION

FAY, Chief Justice.

This is a petition for certiorari brought to review an order entered by a judge of the District Court, sitting as a Housing Court, that held the defendant, Robert Kalian, in violation of a consent order entered in the District Court directing him to correct certain housing-code violations on or about the premises of four pieces of property he owned in the city of Providence (the city).1 We affirm the District Court judge’s ruling that imposed the monetary sanctions provided in the consent order, thereby ending this protracted matter.

For the past ten years Kalian has had difficulty keeping his properties in compliance with the Providence minimum-housing standards. On numerous occasions the city has cited him for code violations found on his properties at 685 Broad Street, 701 Broad Street, 9 Moore Street, and 11 Moore Street. The city filed complaints against him in Housing Court for the outstanding [252]*252violations, after Kalian neglected to abate the violations in these properties.2

On March 24, 1983, Kalian agreed by consent order to fix the violations at 685 Broad Street. He never complied. On August 23, 1984, the judge consolidated the complaints from 685 and 701 Broad Street and entered another consent order providing that Kalian would abate all outstanding violations at these properties by November 1, 1984, unless he planned to demolish these buildings within a reasonable time according to his proposed reconstruction plan. Kalian had told the court that he hoped to demolish the violative properties and construct a medical building on the land. This consent order gave him the time he needed to obtain approval from the city administration. He indicated that he was having trouble obtaining this approval because of the city’s transition from the prior mayoral administration.

After a continuance, on November 29, 1984, the court held Kalian in civil contempt for failing to comply with the order and further ordered that Kalian comply by June 27, 1985, or be fined $500. The transcript does not indicate that a review occurred on June 27, 1985, nor does it indicate that this fine was imposed.

On December 5,1985, the Housing Court consolidated the Moore Street complaints with the aforementioned complaints, ordering that all the violations be corrected, as indicated in the transcript, by December 19, 1985. The contempt holding remained outstanding and impliedly was incorporated by the consolidation order. Consequently, Ka-lian remained in contempt for the outstanding violations.

As each court date passed, however, Ka-lian’s plans for redevelopment never came to fruition. Meanwhile he made no effort to restore the exterior of these buildings. Finally, on December 19, 1985, the judge entered yet another consent agreement that directed Kalian to make the outstanding repairs before June 26, 1986. Specifically, the order provided the following:

“All outstanding violations including those listed in the original complaints and in the notices of violation which issued in August 1985 regarding the properties listed in these cases shall be abated on or before June 26, 1986. Furthermore, a fine of $100.00 (One Hundred Dollars) per day per outstanding violation is imposed upon defendant, Robert Kalian. Said fines are suspended, however, and will be vacated if all aforementioned violations are abated on or before June 26, 1986. For each such violation not then abated, said defendant shall pay said fine of $100.00 per day, per violation then outstanding, running from the date of this order in a cumulative manner * * *. This matter is assigned for review of this order and/or imposition of the aforesaid sanctions 6/26/86.”

Pursuant to this order, the Housing Court reviewed Kalian’s compliance on June 26, 1986. The judge specified that he wanted to determine whether Kalian violated the order. Several Providence housing inspectors testified on behalf of the city and established that all the violations at 701 Broad Street and 9 Moore Street were abated. They further testified that nine violations remained outstanding at 685 Broad Street and three remained outstanding at 11 Moore Street. They indicated, however, that people were working on 11 Moore Street when last viewed by the inspector. In order to correct the remaining violations, Kalian had to repair and apply protective coating to the exteriors of both 685 Broad Street and 11 Moore Street.3

[253]*253Trying to justify his failure to satisfy the consent order, Kalian testified that he was prevented from painting the buildings on schedule because of the rainy weather. The defense elicited testimony from the city’s inspectors that the spring of 1986 was wetter than normal. This testimony, however, was contradicted by other testimony indicating that this spring was no more rainy than usual.

Although Kalian indicated the spring rains prevented him from completing the work, he also acknowledged agreeing to the terms of the consent agreement, including the time provision. Furthermore, he testified that he did not commence work on some of these properties until a few days before the deadline. He explained that financial constraints prevented him from hiring four crews of workers to repair the houses simultaneously. During this time, however, Kalian collected rents from the tenants of these buildings.

Kalian testified that in May 1986 he met with Richard Riendeau, the City Solicitor, and with housing inspectors, to discuss his impending inability to comply with the consent agreement. Kalian tried to offer Riendeau’s statements from their conversation because Riendeau was on vacation and unable to testify at the trial. Sustaining the city’s hearsay objection, the trial judge would not permit Kalian to testify about Riendeau’s responses in their conversation. The judge ruled that unless Riendeau’s response resulted in an official modification of the order, it was irrelevant. Kalian testified that he never sought a judicial modification of the consent agreement.

Kalian contends that the language of the agreement, as he understood it, did not mandate the imposition of fines for his failure to comply with all the terms of the agreement. He believed that his performance would be reviewed. Furthermore he testified that although the work was incomplete, his crew was working on the properties presently and could be expected to finish both within three to four weeks. Hoping to avoid the sanctions, Kalian also testified that he could not afford to pay any sanctions imposed and therefore would have to close the houses.

At the close of the trial Kalian requested that the judge view the properties. The judge, however, denied this request, stating that a view was unnecessary and that his decision was purely a matter of law concerning whether Kalian complied with the agreement. The judge noted that although Kalian had completed substantial work on the properties, not all the violations had been abated pursuant to the consent order. He therefore held Kalian in violation of the order and imposed the sanctions agreed to therein. In making this ruling, he noted that the Housing Court had been very lenient with Kalian, yet no more extensions would issue.

The judge refused to give weight to Kali-an’s excuses, stating that, if diligent, Kali-an could have had the houses painted by June 26, despite the weather.

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Bluebook (online)
542 A.2d 250, 1988 R.I. LEXIS 83, 1988 WL 57736, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-providence-v-kalian-ri-1988.