(a) Civil penalty.  Any owner, occupant, operator, or agent, of a dwelling, dwelling unit, rooming unit, or structure who has received the second order or notice of a violation of this chapter is subject to a cumulative civil penalty of fifty dollars ($50.00) per day for each day each violation continues after expiration of the specified reasonable consideration period; provided, that no penalty is applicable while a reconsideration, hearing, or appeal to a court of competent jurisdiction is pending in the matter. In those instances where emergencies exist pursuant to §?45-24.3-21, any owner, operator, occupant, or agent of a dwelling, dwelling unit, rooming unit, or structure is subject to a cumulative civil penalty of one hundred dollars ($100) per day for each day an emergency violation continues.

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Terms Used In Rhode Island General Laws 45-24.3-18

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appropriate authority: means the official department, or agency, designated by a local community to administer and enforce these regulations pursuant to the provisions of this chapter. See Rhode Island General Laws 45-24.3-5
  • Dwelling: means any enclosed space which is wholly or partly used or intended to be used for living or sleeping by human occupants; provided, that "temporary housing" as defined in this section, shall not be regarded as a dwelling. See Rhode Island General Laws 45-24.3-5
  • Enforcing officer: means the official charged with the administration and enforcement of this chapter, or the officer's authorized representative. See Rhode Island General Laws 45-24.3-5
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Occupant: means any person, over one year of age, living, sleeping, cooking, or eating in, or actually having possession of, a dwelling unit or a rooming unit, and/or structure, except that in dwelling units a guest will not be considered an occupant. See Rhode Island General Laws 45-24.3-5
  • Operator: means any person who has charge, care, or control of a building, or part thereof, in which dwelling units or rooming units are let. See Rhode Island General Laws 45-24.3-5
  • Owner: means any person who, alone or jointly or severally with others:

    (a)  Has legal title to any dwelling, dwelling unit, or structure with or without accompanying actual possession thereof; or

    (b)  Has charge, care, or control of any dwelling, dwelling unit, or structure as owner or agent of the owner, or an executor, administrator, trustee, or guardian of the estate of the owner. See Rhode Island General Laws 45-24.3-5

  • Person: means and includes any individual, firm, corporation, association, or partnership. See Rhode Island General Laws 45-24.3-5
  • Premises: means a platted lot or part of a platted lot or unplatted lot or parcel of land, or plot of land, either occupied or unoccupied by any dwelling or non dwelling structure, and includes any building, accessory structure, or other structure on that land. See Rhode Island General Laws 45-24.3-5
  • real estate: may be construed to include lands, tenements, and hereditaments and rights thereto and interests therein. See Rhode Island General Laws 43-3-10
  • Rooming unit: means any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes. See Rhode Island General Laws 45-24.3-5
  • Safety: means the condition of being free from danger and hazards which may cause accidents or disease. See Rhode Island General Laws 45-24.3-5
  • Structure: means all structures used or intended to be used for commercial, business, or industrial use or occupancy. See Rhode Island General Laws 45-24.3-5
  • town: may be construed to include city; the words "town council" include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9

(b) Criminal penalties; willful or reckless violations; false statements.  (1) Any person who: (i) willfully or recklessly violates any provision of this chapter; or (ii) willfully or recklessly violates, or fails 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 on any registration statement, notice, or other document required to be filed pursuant to this chapter; or on any application, or any accompanying document, for the granting of any permit or any other action by the 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 five hundred dollars ($500) for each violation, and each day’s failure to comply with any provision constitutes a separate violation.

(i)  Willfully or recklessly violates any provision of this chapter; or

(ii)  Willfully or recklessly violates, or fails 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 on any registration statement, notice, or other document required to be filed pursuant to this chapter, or on any application, or any accompanying document, for the granting of any permit or any other action by the 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 five hundred dollars ($500) for each violation, and each day’s failure to comply with any provision constitutes a separate violation.

(2)  A person commits a willful violation when that person intentionally acts or intentionally fails to act, to cause a condition that violates this chapter. A person commits a reckless violation when that person acts, or fails to act, with a conscious disregard of a substantial risk that the act or failure to act will result in a condition, constituting a violation of this chapter, which will endanger the life, health, or safety of another person. The district court has exclusive original jurisdiction of all these violations as provided in §?12-3-1. A party aggrieved by any judgment of the district court imposing a fine may seek review by the supreme court in accordance with §?12-22-1.1.

(c)  The solicitor for a city or town shall immediately seek civil and criminal penalties, as defined in subsections (a) and (b) of this section, against an owner of premises subject to this chapter who fails to comply with a second notice of violation of this chapter and who willfully or recklessly violates this chapter.

(d)  Where the violations continue one year or more after notice of the violations, an additional civil penalty is imposed on the owner, occupant, operator, or agent of a dwelling, dwelling unit, rooming unit, or structure. The additional civil penalty shall be a cumulative penalty of one hundred dollars ($100) per day for each day each violation continues. This penalty constitutes a lien on the real estate until paid.

History of Section.
G.L. 1938, ch. 344, § 9C; P.L. 1939, ch. 726, § 4; P.L. 1950, ch. 2619, § 3; G.L. 1956, § 45-25-18; P.L. 1960, ch. 133, § 1; P.L. 1981, ch. 373, § 1; P.L. 1984, ch. 279, § 1; P.L. 1986, ch. 332, § 1.