§ 45-24.3-18 - Penalties – District court jurisdiction – Review by supreme court – Duties of prosecutor.
SECTION 45-24.3-18
§ 45-24.3-18 Penalties – Districtcourt jurisdiction – Review by supreme court – Duties of prosecutor.– (a) Civil penalty. Any owner, occupant, operator, or agent, of adwelling, dwelling unit, rooming unit, or structure who has received the secondorder or notice of a violation of this chapter is subject to a cumulative civilpenalty of fifty dollars ($50.00) per day for each day each violation continuesafter expiration of the specified reasonable consideration period; provided,that no penalty is applicable while a reconsideration, hearing, or appeal to acourt of competent jurisdiction is pending in the matter. In those instanceswhere emergencies exist pursuant to § 45-24.3-21, any owner, operator,occupant, or agent of a dwelling, dwelling unit, rooming unit, or structure issubject to a cumulative civil penalty of one hundred dollars ($100) per day foreach day an emergency violation continues.
(b) Criminal penalties; willful or reckless violations;false statements. (1) Any person who: (i) willfully or recklessly violatesany provision of this chapter; or (ii) willfully or recklessly violates, orfails to comply with, any requirement of an order of the enforcing officer; or(iii) makes, or causes any other to make, any false or misleading statement onany registration statement, notice, or other document required to be filedpursuant to this chapter; or on any application, or any accompanying document,for the granting of any permit or any other action by the appropriate authoritypursuant to this chapter, is guilty of a "violation", as defined in §11-1-2, punishable by a fine of not less than ten dollars ($10.00) nor morethan five hundred dollars ($500) for each violation, and each day's failure tocomply with any provision constitutes a separate violation.
(i) Willfully or recklessly violates any provision of thischapter; or
(ii) Willfully or recklessly violates, or fails to complywith, any requirement of an order of the enforcing officer; or
(iii) Makes, or causes any other to make, any false ormisleading statement on any registration statement, notice, or other documentrequired to be filed pursuant to this chapter, or on any application, or anyaccompanying document, for the granting of any permit or any other action bythe appropriate authority pursuant to this chapter,
is guilty of a "violation", as defined in § 11-1-2,punishable by a fine of not less than ten dollars ($10.00) nor more than fivehundred dollars ($500) for each violation, and each day's failure to complywith any provision constitutes a separate violation.
(2) A person commits a willful violation when that personintentionally acts or intentionally fails to act, to cause a condition thatviolates this chapter. A person commits a reckless violation when that personacts, or fails to act, with a conscious disregard of a substantial risk thatthe act or failure to act will result in a condition, constituting a violationof this chapter, which will endanger the life, health, or safety of anotherperson. The district court has exclusive original jurisdiction of all theseviolations as provided in § 12-3-1. A party aggrieved by any judgment ofthe district court imposing a fine may seek review by the supreme court inaccordance with § 12-22-1.1.
(c) The solicitor for a city or town shall immediately seekcivil and criminal penalties, as defined in subsections (a) and (b) of thissection, against an owner of premises subject to this chapter who fails tocomply with a second notice of violation of this chapter and who willfully orrecklessly violates this chapter.
(d) Where the violations continue one year or more afternotice of the violations, an additional civil penalty is imposed on the owner,occupant, operator, or agent of a dwelling, dwelling unit, rooming unit, orstructure. The additional civil penalty shall be a cumulative penalty of onehundred dollars ($100) per day for each day each violation continues. Thispenalty constitutes a lien on the real estate until paid.