§ 45-24.3-21. Application for reconsideration — Conferences — Hearings — Emergencies — Obligations
of owner — Court proceedings — Fees.
(a) Application for reconsideration. (1) Any person aggrieved by a notice of the enforcing officer issued in connection
with any alleged violation of this chapter or of applicable rules and regulations
issued pursuant to it, or by any order requiring repair or demolition pursuant to
§â€‚45-24.3-19, may apply to the enforcing officer for a reconsideration of the notice or order
within ten (10) days after it has been issued.
(2) The enforcing officer shall set a time and place for an informal conference on the
matter within ten (10) days of the receipt of the application, and advise the applicant
of the time and place in writing.
(3) At the informal conference, the applicant is permitted to present his or her grounds
for believing that the order should be revoked or modified to one or more representatives
of the enforcing officer.
(4) Within ten (10) days following the close of the informal conference, the enforcing
officer shall advise the applicant whether or not he or she will modify or set aside
the notice or order issued by the enforcing officer.
(b) Hearings. (1) Any person aggrieved by a notice of the enforcing officer issued in connection
with any alleged violation of the provisions of this chapter or of any applicable
rules and regulations pursuant to it, or by any order requiring repair or demolition
pursuant to §â€‚45-24.3-19, may file with the housing board of review a petition stating that person's reasons
for contesting the notice or order.
(2) The petition shall be filed within ten (10) days after the notice or order is served
on the petitioner in the manner prescribed by §â€‚45-24.3-17.
(3) Upon receipt of a valid petition, the housing board of review shall either grant or
deny the hearing requested, and advise the petitioner of its decision, in writing,
within ten (10) days of the day on which his or her petition was received.
(4) When the housing board of review determines to hold a hearing, it shall serve the
petitioner with notice of its decision in the manner provided for service of notice
in §â€‚45-24.3-17. The notice shall be served within ten (10) days of the receipt of the petition.
(5) At the hearing, the petitioner shall be given an opportunity to show cause why the
notice or order should be modified or withdrawn, or why the period of time permitted
for compliance should be extended.
(6) The housing board of review has the power to affirm, modify, or revoke the notice
or order, and may grant an extension of time, for the performance of any act required,
of not more than three (3) additional months where the housing board of review finds
that there is practical difficulty or undue hardship connected with the performance
of any act required by the provisions of this chapter or by applicable rules and regulations
issued pursuant to it; when the housing board of review finds that there is practical
difficulty or unnecessary hardship connected with the performance of any act required
by this chapter and applicable rules and regulations pursuant to it; that strict adherence
to these provisions would be arbitrary in the case at hand; that extension would not
provide an appropriate remedy in the case at hand; and that a variance is in harmony
with the general purpose of this chapter to secure the public health, safety, and
welfare.
(c) Emergencies. (1) Whenever, in the judgment of the enforcing officer, an emergency exists which
requires immediate action to protect the public health, safety, or welfare, notice
of violation may be issued, directing the owner, occupant, operator, or agent to take
action that is appropriate to correct or abate the emergency.
(2) The owner, occupant, operator, or agent may petition for a code enforcement hearing,
but the hearing shall in no case stay the abatement of correction of the emergency.
(3) Every owner of a dwelling or multiple dwelling unit is responsible for maintaining
all surfaces covered by lead-based substances in an appropriate manner as to insure
no unsafe conditions exist as described in §â€‚45-24.3-10.
(4) It is unlawful for any owner, operator, or agent to evict occupants from a dwelling
or dwelling unit without just cause during conferences, hearings, appeals, or when
served with a notice of violation.
(5) To expedite correction or abatement of emergency violations the following time intervals
hold:
(i) A notice of violation provides a time period not to exceed ten (10) days for the correction
of any violation. The person served with the notice of violation has a time period
not to exceed five (5) days to petition for an informal hearing with the local code
enforcement agency, which will be held within five (5) days.
(ii) Second notice of violation. A second notice of violation provides a time period not to exceed five (5) days for
the correction of any violation.
(d) Court proceedings. (1) The district court, upon due proceedings instituted in the name of any of the
several cities or towns, has power to proceed according to equity:
(i) To restrain, prevent, enjoin, abate, or correct a violation; or
(ii) To order the repair, vacation, or demolition of any dwelling existing in violation
of the provisions of this chapter or to otherwise compel compliance with all of the
provisions of this chapter or corporate unit ordinances adopted pursuant to the authority
of this chapter.
When, under the provisions of this chapter or of any ordinance passed pursuant to
the authority of this chapter, any work is done or material furnished by any enforcing
officer or by his or her order at the expense of the owner or other persons interested,
the value of the work and material may be recovered in an action brought against the
owner or other interested person or persons, and if any work or materials been done
or furnished at the cost of the corporate unit, the enforcing officer shall cause
the action to be brought in the name of the corporate unit. Upon the entry of any
case or proceeding brought under the provisions of this chapter, the court shall,
at the request of either party, advance the case so that it may be heard and determined
with as little delay as possible.
(2) The court shall extend priority to the scheduling of emergency cases.
(e) Filing fees; judicial review. All proceedings instituted in the names of the several cities and towns are exempt
from the payment of the district court filing fees. Any person or persons jointly
or severally aggrieved by the final judgment, decision, or order of the district court
may seek review by the supreme court in accordance with §â€‚8-8-3.2(b).