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§45-24.2-7  Penalties – District court jurisdiction – Providence housing court – Lead court calendar – Municipal court of the town of North Providence – Review by Supreme Court. –


Published: 2015

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TITLE 45

Towns and cities

CHAPTER 45-24.2

Minimum Housing Standards

SECTION 45-24.2-7



   § 45-24.2-7  Penalties – District

court jurisdiction – Providence housing court – Lead court calendar

– Municipal court of the town of North Providence – Review by Supreme

Court. –

(a) Failure to comply with any ordinance, rule, or regulation passed pursuant

either to the authority hereof or to any special act governing minimum housing

shall constitute a violation, as defined in § 11-1-2, punishable by a fine

of not more than five hundred dollars ($500) for each violation, and each day's

failure to comply with any provision shall constitute a separate violation. The

district court shall have exclusive original jurisdiction of all violations as

provided in § 12-3-1; provided, that in the city of Providence, the

Providence housing court shall have jurisdiction to try violations occurring

within the city of Providence; provided, further, that in the town of North

Providence, the municipal court of the town of North Providence shall have

jurisdiction to try violations occurring within the town of North Providence,

but only in the event that the city shall by ordinance create a court for the

purpose of exercising jurisdiction over minimum housing standards. A party

aggrieved by any judgment of the district court imposing a fine pursuant to

this section may seek review by the supreme court in accordance with §

12-22-1.1.



   (b) The city council of the city of Providence may establish

within its housing court a separate calendar within the jurisdiction of the

housing court to be known and referred to as the "lead court calendar" for the

hearing trial and disposition of actions involving lead within buildings and on

premises or property in the city of Providence, including, but not limited to,

actions brought pursuant to chapters 23-24.6 ("Lead Poisoning Prevention Act")

and/or 42-128.1 ("Lead Hazard Mitigation"). The jurisdiction of the "lead court

calendar" of the Providence housing court shall be concurrent with any other

court or entity given jurisdiction to hear such matters under the general laws.

A justice of the lead court calendar may defer or order a case removed to

another court or forum of competent jurisdiction, including, but not limited

to, an appropriate administrative agency, if the judge determines that such

other court or forum would be a more appropriate court or forum to hear the

matter involved.



History of Section.

(P.L. 1962, ch. 87, § 1; P.L. 1977, ch. 277, § 4; P.L. 1978, ch. 182,

§ 2; P.L. 1986, ch. 547, § 8; P.L. 1995, ch. 17, § 3; P.L. 1996,

ch. 214, § 1; P.L. 2011, ch. 89, § 1; P.L. 2011, ch. 135, §

1.)