§ 45-24.2-5 - Housing board of review.
SECTION 45-24.2-5
§ 45-24.2-5 Housing board of review.– (a) The city and town councils authorized to adopt standards relating tominimum housing may provide for the selection and organization of a housingboard of review consisting of five (5) members; provided, that in the case ofthe 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 whomshall be members of the city council elected by the city council from itsmembers to serve for a term ending the first Monday in January, 1975, and,thereafter, to be elected for a term of four (4) years; and provided, further,that in the case of the housing board of review of the town of Westerly thereshall be three (3) members, with two (2) members constituting a quorum. Thecity and town councils are authorized to designate the board of appeals as thehousing board of review in the cities and towns where these boards of appealnow exist or may be authorized by law. The chairperson or, in the chairperson'sabsence, the acting chairperson, may administer oaths and compel the attendanceof witnesses. All hearings of the board are open to the public.
(b) Any housing board of review established pursuant to thischapter is governed by the following procedure:
(1) The board shall keep minutes of its proceedings, showingthe vote upon each question, and shall keep records of its decisions andfindings and the reasons therefor, and of its examinations and other officialactions, all of which shall be filed immediately in the office of the board andare a public record.
(2) Appeals to the board may be taken by any person upon whoma compliance order has been issued by the enforcing officer. The period inwhich the appeal may be taken shall be prescribed by ordinance or by the rulesof the board. The appeals shall be filed with the board and shall specify thegrounds of the appeal. The board shall immediately transmit a copy of theappeal to the enforcing officer. Upon receipt by the enforcing officer of theappeal, he or she shall immediately transmit to the board all the papersconstituting the record upon which the compliance order was based.
(3) An appeal shall stay all proceedings in furtherance ofthe action appealed from unless the enforcing officer from whom the appeal istaken certifies to the board, after notice of the appeal has been transmittedto the officer, that, by reason of facts stated in the certificate, a staywould, in his or her opinion, cause a serious hazard or immediate peril to thehealth or safety of the occupants of a dwelling or of the public. In that caseproceedings shall not be stayed except by a restraining order which may begranted by a court of competent jurisdiction on application and upon notice ofthe enforcing officer from whose order the appeal is taken and on due causeshown.
(4) The board shall fix a reasonable time for the hearing ofthe appeal, give due notice to the party making the appeal and the enforcingofficer, and decide the appeal within a reasonable time. At the hearing anyparty 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 anddecide appeals where it is alleged that there is error in any order,requirement, decision, or determination made by an enforcing officer in theenforcement of this chapter or any ordinance, rule, or regulation adoptedpursuant to the authority of this chapter.
(2) Where, by reason of an extraordinary and exceptionalcondition or situation unique to the property involved, the strict applicationof any ordinance, rule, or regulation adopted pursuant to the authority of thischapter would result in peculiar and exceptional difficulties to, orexceptional and undue hardship upon, the person upon whom a compliance orderhas been issued, the housing board of review has the power to vary from thisstrict application to the least extent necessary to relieve difficulties orhardship; provided, that relief may be granted without substantial detriment topublic health, safety, morals, and general welfare, and without substantialimpairment of the intent and purpose of the ordinance, rule, or regulation.
(3) In exercising the powers established by this section, theboard may, in conformity with the provisions of this chapter, reverse oraffirm, wholly or partly, or may modify any order, requirement, decision, ordetermination of the enforcing officer, and may make an order, requirement,decision, or determination that ought to be made, and to that end has all thepowers of the enforcing officer from whom the appeal was taken.
(4) In order to hear an appeal, a quorum of three (3) membersof the board must be present. A concurring vote of a majority of the members ofthe board present at the hearing is necessary to reverse or modify any order ordecision of the enforcing officer and to authorize a variance or modificationin the application of any provisions of any ordinance, rule, or regulationadopted 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 asprovided in § 45-24.2-6 of this chapter, the findings of the board areconclusive with respect to questions of fact and may be reviewed only as toquestions of law.