§ 45-24.2-5. Housing board of review.
(a) The city and town councils authorized to adopt standards relating to minimum housing
may provide for the selection and organization of a housing board of review consisting
of five (5) members; provided, that in the case of the housing board of review of
the city of Providence, there shall be seven (7) members, five (5) of whom shall be
appointed by the mayor and two (2) of whom shall be members of the city council elected
by the city council from its members to serve for a term ending the first Monday in
January, 1975, and, thereafter, to be elected for a term of four (4) years. The city
and town councils are authorized to designate the board of appeals as the housing
board of review in the cities and towns where these boards of appeal now exist or
may be authorized by law. The chairperson or, in the chairperson's absence, the acting
chairperson, may administer oaths and compel the attendance of witnesses. All hearings
of the board are open to the public.
(b) Any housing board of review established pursuant to this chapter is governed by the
following procedure:
(1) The board shall keep minutes of its proceedings, showing the vote upon each question,
and shall keep records of its decisions and findings and the reasons therefor, and
of its examinations and other official actions, all of which shall be filed immediately
in the office of the board and are a public record.
(2) Appeals to the board may be taken by any person upon whom a compliance order has been
issued by the enforcing officer. The period in which the appeal may be taken shall
be prescribed by ordinance or by the rules of the board. The appeals shall be filed
with the board and shall specify the grounds of the appeal. The board shall immediately
transmit a copy of the appeal to the enforcing officer. Upon receipt by the enforcing
officer of the appeal, he or she shall immediately transmit to the board all the papers
constituting the record upon which the compliance order was based.
(3) An appeal shall stay all proceedings in furtherance of the action appealed from unless
the enforcing officer from whom the appeal is taken certifies to the board, after
notice of the appeal has been transmitted to the officer, that, by reason of facts
stated in the certificate, a stay would, in his or her opinion, cause a serious hazard
or immediate peril to the health or safety of the occupants of a dwelling or of the
public. In that case proceedings shall not be stayed except by a restraining order
which may be granted by a court of competent jurisdiction on application and upon
notice of the enforcing officer from whose order the appeal is taken and on due cause
shown.
(4) The board shall fix a reasonable time for the hearing of the appeal, give due notice
to the party making the appeal and the enforcing officer, and decide the appeal within
a reasonable time. At the hearing any party may appear in person or by agent or attorney.
(c) The housing board of review has the following powers:
(1) The housing board of review has the power to hear and decide appeals where it is alleged
that there is error in any order, requirement, decision, or determination made by
an enforcing officer in the enforcement of this chapter or any ordinance, rule, or
regulation adopted pursuant to the authority of this chapter.
(2) Where, by reason of an extraordinary and exceptional condition or situation unique
to the property involved, the strict application of any ordinance, rule, or regulation
adopted pursuant to the authority of this chapter would result in peculiar and exceptional
difficulties to, or exceptional and undue hardship upon, the person upon whom a compliance
order has been issued, the housing board of review has the power to vary from this
strict application to the least extent necessary to relieve difficulties or hardship;
provided, that relief may be granted without substantial detriment to public health,
safety, morals, and general welfare, and without substantial impairment of the intent
and purpose of the ordinance, rule, or regulation.
(3) In exercising the powers established by this section, the board may, in conformity
with the provisions of this chapter, reverse or affirm, wholly or partly, or may modify
any order, requirement, decision, or determination of the enforcing officer, and may
make an order, requirement, decision, or determination that ought to be made, and
to that end has all the powers of the enforcing officer from whom the appeal was taken.
(4) In order to hear an appeal, a quorum of three (3) members of the board must be present.
A concurring vote of a majority of the members of the board present at the hearing
is necessary to reverse or modify any order or decision of the enforcing officer and
to authorize a variance or modification in the application of any provisions of any
ordinance, rule, or regulation adopted pursuant to the authority of this chapter.
In the event of a tie vote, the order of the enforcing officer is deemed to be sustained.
Except as provided in § 45-24.2-6, the findings of the board are conclusive with respect to questions of fact and may
be reviewed only as to questions of law.