§45-24.3-18  Penalties – District court jurisdiction – Review by supreme court – Duties of prosecutor. –


Published: 2015

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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.)

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