§ 46-23-7. Violations.
(a)(1) In any instances wherein there is a violation of the coastal resources management
program, or a violation of regulations or decisions of the council, the commissioner
of coastal resources management shall have the power to order any person to cease
and desist or to remedy any violation of any provisions of this chapter, or any rule,
regulation, assent, order, or decision of the council whenever the commissioner of
coastal resources management shall have reasonable grounds to believe that such violation
has occurred.
(2) Council staff, conservation officers within t
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§ 46-23-7. Violations.
(a)(1) In any instances wherein there is a violation of the coastal resources management
program, or a violation of regulations or decisions of the council, the commissioner
of coastal resources management shall have the power to order any person to cease
and desist or to remedy any violation of any provisions of this chapter, or any rule,
regulation, assent, order, or decision of the council whenever the commissioner of
coastal resources management shall have reasonable grounds to believe that such violation
has occurred.
(2) Council staff, conservation officers within the department of environmental management,
and state and municipal police shall be empowered to issue written cease and desist
orders in any instance where activity is being conducted which constitutes a violation
of any provisions of this chapter, or any rule, regulation, assent, order, or decision
of the council.
(3) Conservation officers within the department of environmental management, council staff,
and state and municipal police shall have authority to apply to a court of competent
jurisdiction for a warrant to enter on private land to investigate possible violations
of this chapter; provided, that they have reasonable grounds to believe that a violation
has been committed, is being committed, or is about to be committed.
(b) Any order or notice issued pursuant to subsection (a) shall be eligible for recordation
under chapter 13 of title 34, and shall be recorded in the land evidence records in the city/town wherein the
property subject to the order is located, and any subsequent transferee of the property
shall be responsible for complying with the requirements of the order and notice.
(c) The coastal resources management council shall discharge of record any notice filed
pursuant to subsection (b) within thirty (30) days after the violation has been remedied.
P.L. 1971, ch. 279, § 1; P.L. 1973, ch. 197, § 2; P.L. 1976, ch. 329, § 2; P.L. 1977, ch. 270, § 4; P.L. 1980, ch. 208, § 1; P.L. 1986, ch. 296, § 1; P.L. 1987, ch. 193, § 1; P.L. 1989, ch. 516, § 1; P.L. 1990, ch. 461, § 10.