TITLE 45
Towns and cities
CHAPTER 45-24.3
Housing Maintenance and Occupancy Code
SECTION 45-24.3-18
§ 45-24.3-18 Penalties District
court jurisdiction Review by supreme court Duties of prosecutor.
(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.
(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.)