Ordinances Adopted

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City of Cranston

ORDINANCES ADOPTED

Pursuant to Section 3.15 of the City Charter, notice is hereby given of the Final Adoption of the Ordinance below.

Complete copies of all Ordinances are available for public review at the City Clerk’s Office, Cranston Central Library and the City website cranstonri.com under calendar by clicking on the meeting date.

Maria Medeiros Wall, JD

City Clerk

ORDINANCE NO. 2015-1 IN AMENDMENT OF CHAPTER 8.28 OF THE CODE OF THE CITY OF CRANSTON,2005, ENTITLED ‘PROPERTY MAINTENANCE STANDARDS” (Neglected Premises Violations Inspections, Notice and Enforcement)

Passed: January 29, 2015

Approved: February 4, 2015

It is ordained by the City Council of the City of Cranston as follows:

SECTION 1. Title 8.28 of the Code of the City of Cranston, 2005, entitled Property Maintenance Standards” is hereby amended as follows:

By adding the following new section:

Section 8.28.031 Notification of Violation.

(a) Notice of violation of any provision of this Section shall be given by the department of building inspections in the following manner:

(1) A dated Notice shall be prominently posted on the cited property, and a copy of said notice shall be sent regular mail, postage prepaid to the last known address on record with the City for property owner or personal service. In all cases the date of posting shall be the effective date of notice.

(2) Non resident owners

The notice shall be sent to the recorded agent for service of process as required by RIGL 34-18-22.3. If no agent for service of process has been recorded, notice shall be mailed to the owner’s last known address. For all other legal entities, notice shall be sent to the agent for service on record with the RI Secretary of State or as designated by the appropriate regulatory agency. For out of state financial institutions and banks, notice shall be served on the Director of the Department of Business Regulations pursuant to Division of Bank regulations.

(b) In addition to notice of environmental violations and resulting penalties as set forth in this Section; said owner shall be fined $500 and given 30 days within to comply with RIGL 34-18-22.3.

(c) Once Notice of an environmental violation, said owner shall have five (5) business days from the date of posting within which to correct the violation. Failure to comply within that period shall immediately result in the City’s entry upon the property to correct the violations and all costs incurred shall be the responsibility of the property owner.

(d) Costs as lien.

A certified letter shall be sent to the owner or agent advising them of the costs incurred plus an additional ten percent (10%) service charge. All costs must be paid within (30) days after notification. The costs and service charge shall become a lien against such property to the same extent and character as a real estate tax liens with penalty and interest and with the same right of collection and tax sale as apply to other tax liens or at the discretion of the director. The Inspector of Buildings shall certify the expenses to the city solicitor who shall record said lien with the Recorder of Deeds and institute appropriate action against the owner for the recovery of such expenses.

(e) Recurring Violations

Violations of the same or similar nature shall not require additional notice to the property owner where the violation recurs within a three month period provided that original notice advised the owner.

Section 8.28.090 Inspections:

A. The department of building inspection and/or department of public works shall make, or cause to be made, inspection trips at regular intervals to determine compliance with the provisions of this chapter. In the event a violation of these provisions are discovered, said department of building inspection and/or department of public works shall immediately take action to cite the owner and/or operator [by personal service or by mail at the home or business address of such owner and/or operator] in accordance with Section 8.28.031(a)

B. B.

C. For the purpose of this section, an offense shall be considered to have occurred on the first day for which a violation is cited, and the offender shall be subject to the penalty provisions hereinafter set forth in Sections 10.04.080, [15.12.290] and 8.28.100 for that day and for each succeeding day on which the violation continues unabated.

SECTION 2. This Ordinance shall take effect upon its final adoption.

Sponsored by Council President Lanni, Councilman Santamaria

2/19/15

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