§ 45-24.2-3 - Powers of councils.
SECTION 45-24.2-3
§ 45-24.2-3 Powers of councils. – (a) For the purpose of promoting the public health, safety, morals, or generalwelfare, and for the purpose of making dwellings and dwelling places safe,sanitary, and fit for human habitation, any city or town council has powers inaccordance with the provisions of this chapter within the limits of the city ortown, by ordinance, to pass, ordain, establish, and amend ordinances, rules,and regulations for the establishment and enforcement of minimum standards fordwellings.
(b) Without limiting the generality of the foregoing, theordinance, rules, and regulations may include:
(1) Minimum standards with respect to facilities andequipment in dwellings including, but not limited to, provisions relating tokitchen sinks, flush toilets and lavatory basins, bathtubs and showers, hot andcold water lines, rubbish and garbage storage and disposal facilities, cookingfacilities, water heating facilities, window shades and screens, and provisionfor elimination and prevention of insect and vermin infestation.
(2) Minimum standards with respect to lighting, ventilation,refrigeration, and heating, including, but not limited to, provisions relatingto window area, room light and ventilation, electrical outlets, heatingfacilities, lighting of halls and stairways, and refrigerated storage space.
(3) Minimum standards relating to the healthful, safe, andsanitary maintenance of parts of dwelling and dwelling units including, but notlimited to, provisions relating to weathertight, watertight, and rodent prooffoundations, floors, walls, ceilings, roofs, windows and doors, the conditionand repair of stairs and porches, the condition of plumbing fixtures,imperviousness of floor surfaces to water, and the functioning of suppliedfacilities, pieces of equipment, and utilities and to lead hazard control, fordwellings constructed prior to 1978, consistent with lead hazard controlprovisions of the lead hazard mitigation as standards established in chapter128.1 of title 42.
(4) Minimum standards with respect to space, use, andlocation including, but not limited to, provisions relating to floor space peroccupant, size of rooms, bathroom access, ceiling height, cellar and basementoccupancy, and means of egress.
(5) Provisions fixing responsibilities of owners, operators,and occupants for the condition, maintenance, use, and occupancy of dwellingsand dwelling premises.
(6) Provisions that any person having any duty to performunder the provisions of this chapter, or any ordinance, rule, or regulationadopted pursuant to the authority of this chapter, may enter the dwelling anddwelling premises at all reasonable times for the purpose of examination,inspection, and survey. In the event entry is denied or resisted, an order toexamine, inspect, and survey may be obtained from a court of competentjurisdiction as provided for in § 45-24.2-8.
(7) Provisions that the enforcing officer may order therepair, alteration, or improvement of a dwelling or dwelling premises by theowner or other person or persons responsible for the repair, alteration, orimprovement under the provisions of the ordinance, rules, and regulations.
(8) Provisions that the enforcing officer may declare anydwelling or dwelling premises unfit for human habitation if the officer findsthat conditions exist in that dwelling which are a serious hazard or immediateperil to the health, safety, or welfare of the occupants, the occupants ofneighboring dwellings, or the general public.
(9) Provisions that whenever any dwelling or dwellingpremises are found by the enforcing officer to be unfit for human habitationbecause of defects which constitute a serious hazard of immediate peril to thehealth, safety, or welfare of the occupants of the dwelling or the public, theenforcing officer may:
(i) Order the dwelling or dwelling premises to be vacated andsecured until a time that he or she determines that the dwelling is again fitfor human habitation;
(ii) Order the removal or demolition of a dwelling wheneverthe repair, alteration, or improvement of the dwelling cannot be made at a costreasonably related to the value of the dwelling; provided, that the owner ofthe dwelling may at the owner's discretion, repair, alter, or improve thedwelling regardless of the cost, within a time period specified in the order;
(iii) Repair, alter, or improve or cause to be vacated andsecured, or both, the dwelling or dwelling premises at the expense of the owneror other responsible person or persons, whenever the owner or other responsibleperson or persons fail to comply with an order to repair, alter, or improve orto vacate and secure the dwelling; provided, that the cost of the repair,alteration, or improvement is reasonably related to the value of the dwellingor dwelling premises;
(iv) Remove or demolish the dwelling at the expense of theowner whenever the owner fails to comply with an order issued to remove ordemolish in accordance with the provisions of subsection (b)(9)(ii).
(10) Provisions that whenever the owner fails to comply withany order as provided for in subsections (b)(9)(i) and (b)(9)(ii), the costincurred by the enforcing officer or any person doing work or furnishingmaterials by the officer order under the provisions of subsections (b)(9)(iii)and (b)(9)(iv) shall be a lien against the real property, and the lien shall beenforced in the same manner provided or authorized by law for enforcement ofcommon law liens on personal property. The lien shall be recorded. If thedwelling is removed or demolished by the enforcing officer, the officer maysell the materials of the dwelling, and the net cost of demolition and removalshall be charged to the owner and, if any balance remains, it shall be creditedto the owner.
(11) Provisions that any notices and order may be recorded inthe same manner as the recording of "lis pendens" notices.
(12) Provisions that the owner of any dwelling which has beenfound by the enforcing officer to be unfit for human habitation in accordancewith the provisions of subsection (b)(8) shall not sell, transfer, mortgage,lease, or otherwise dispose of the dwelling until the conditions causing thedwelling to be unfit for human habitation have been corrected or until theowner has furnished the intended grantee, mortgagee, or lessee a true copy ofthe order and has notified the enforcing officer, in writing, of the owner'sintent to transfer, sell, mortgage, lease, or otherwise dispose of thedwelling. A transferee, mortgagee, or lessee who has received actual notice orconstructive notice is bound by the order on the date of the transfer,mortgage, or lease without service of further notice upon him or her by theenforcing officer.
(13) Provisions that the enforcing officer may make rules andregulations consistent with the proper enforcement of any ordinance enactedunder the provisions of this chapter.
(14) Provisions that whenever an owner fails to comply withany order as provided for in subsections (b)(9)(i) and (b)(9)(ii), theenforcing officer may notify the community's redevelopment agency and requestthat the agency acquire the property in question and transfer title to anappropriate limited equity housing cooperative if the cooperative is able todemonstrate its ability to finance the correction of the property's minimumhousing code violations and make the housing available to low and/or moderateincome households.