§ 46-23-7 - Violations.
SECTION 46-23-7
§ 46-23-7 Violations. – (a) In any instances wherein there is a violation of the coastal resourcesmanagement program, or a violation of regulations or decisions of the council,the commissioner of coastal resources management shall have the power to orderany person to cease and desist or to remedy any violation of any provisions ofthis chapter, or any rule, regulation, assent, order, or decision of thecouncil whenever the commissioner of coastal resources management shall havereasonable grounds to believe that such violation has occurred.
(2) Council staff, conservation officers within thedepartment of environmental management, and state and municipal police shall beempowered to issue written cease and desist orders in any instance whereactivity is being conducted which constitutes a violation of any provisions ofthis chapter, or any rule, regulation, assent, order, or decision of thecouncil.
(3) Conservation officers within the department ofenvironmental management, council staff, and state and municipal police shallhave authority to apply to a court of competent jurisdiction for a warrant toenter on private land to investigate possible violations of this chapter;provided, that they have reasonable grounds to believe that a violation hasbeen 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 berecorded in the land evidence records in the city/town wherein the propertysubject to the order is located, and any subsequent transferee of the propertyshall be responsible for complying with the requirements of the order andnotice.
(c) The coastal resources management council shall dischargeof record any notice filed pursuant to subsection (b) within thirty (30) daysafter the violation has been remedied.