Senate Bill #657 (2017)

AN ACT RELATING TO TOWNS AND CITIES -- GENERAL POWERS -- WARREN MUNICIPAL HOUSING COURT

Authorizes the town council of the town of Warren to create a municipal housing court and defines that court's jurisdiction.

View latest version | View original version
View status on official RI website

Subscribe to email updates


Changes since original draft

  • 2017 – S 0657
  • 2017 – S 0657 SUBSTITUTE A
  • ========
  • LC002258
  • LC002258/SUB A
  • ========
  • S TATE OF RHODE IS L AND
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2017
  • ____________
  • A N A C T
  • S T A T E O F R H O D E I S L A N D
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2017
  • ____________
  • A N A C T
  • RELATING TO TOWNS AND CITIES – GENERAL POWERS – WARREN MUNICIPAL
  • HOUSING COURT
  • HOUSING COURT
  • Introduced By: Senator Walter S. Felag
  • Date Introduced: March 29, 2017
  • Referred To: Senate Judiciary
  • It is enacted by the GeneralAssembly as follows:
  • SECTION 1. Section 45-2-47 of the General Laws in Chapter 45-2 entitled "General Powers"is hereby amended to read as follows:
  • 45-2-47. Town of Warren – Municipal court.
  • (a) The town council of the town of Warren may establish a municipal court and confer upon that court original jurisdiction, notwithstanding any other provisions of the general laws, to hear and determine causes involving the violation of any ordinance, including minimum housing ordinances of the town and any violation of the provisions of chapter 24.3 of this title, entitled the Rhode Island Housing Maintenance and Occupancy Code; provided, however, that any defendant found guilty of any offense, excluding violations of the minimum housing ordinances or chapter 24.3 of this title may, outlined in subsection (b), of this section, may within seven (7) days of conviction, file an appeal from the conviction to the superior court and be entitled in the latter court to a trial de novo; and provided further, however, that any defendant found guilty of any violation of a minimum housing ordinance or of chapter 24.3 of this title, may within seven (7) days of conviction, file an appeal from the conviction to the sixth division of the district court and be entitled to a trial de novo in accordance with §§ 8-8-3(a)(4) and 8-8-3.2.
  • (b) The town council of the town of Warren may establish a municipalhousing court and confer upon the court original jurisdiction, notwithstanding any other provisions of the general laws, to hear and determine causes involving the violation of the zoning ordinances of the town and any violation of the provisions of chapter 24 of this title, (the Rhode Island zoning enabling act of 1991), any violation of chapter 24.1 of this title (the Historical Zoning Act), any violation of chapter 24.2 of this title (Minimum Housing Standards Act), any violation of chapter 24.3 of this title (Housing Maintenance and Occupancy Code), any violation of chapter 23 of this title (Subdivision and Land Development Act), any violation of any local Warren ordinance or regulation enacted pursuant to these chapters, and any violation of the provisions of chapter 27.3 of title 23 (the Rhode Island state building code), and any violation of the provisions of those regulations promulgated by the state building code commission entitled SBC- I Rhode Island state building code, SBC-2 Rhode Island state one and two (2) family dwelling code, SBC-3 Rhode Island state plumbing code, SBC-4 Rhode Island state mechanical code, SBC-5 Rhode Island state electrical code, SBC-6 state property maintenance code, SBC-8 Rhode Island state energy conservation code, and SBC-20 Rhode Island state fuel and gas code; and provided, further, that any party aggrieved by a finaljudgment, decree or order of the Warren housing court may, within twenty (20) days after entry of this judgment, decree or order, petition to the supreme court for the state of Rhode Island for a writ of certiorari to review any errors involved. The petition for the writ of certiorari shall state the errors claimed. Upon the filing of a petition with the clerk of the supreme court, the supreme court may, if it sees fit, issue a writ of certiorarito the Warren housing court to certify to the supreme court the record of the proceedings of the case together with and transcript of the proceedings by the petitioner at his expense.
  • It is enacted by the General Assembly as follows:
  • SECTION 1. Section 45-2-47 of the General Laws in Chapter 45-2 entitled "General Powers" is hereby amended to read as follows:
  • 45-2-47. Town of Warren – Municipal court. Town of Warren – Municipal court – Municipal housing court.
  • (a) The town council of the town of Warren may establish a municipal court and confer upon that court original jurisdiction, notwithstanding any other provisions of the general laws, to hear and determine causes involving the violation of any ordinance, including minimum housing ordinances of the town and any violation of the provisions of chapter 24.3 of this title, entitled the Rhode Island Housing Maintenance and Occupancy Code; provided, however, that any defendant found guilty of any offense, excluding violations of the minimum housing ordinances or chapter 24.3 of this title may, outlined in subsection (b), of this section, may within seven (7) days of conviction, file an appeal from the conviction to the superior court and be entitled in the latter court to a trial de novo; and provided further, however, that any defendant found guilty of any violation of a minimum housing ordinance or of chapter 24.3 of this title, may within seven (7) days of conviction, file an appeal from the conviction to the sixth division of the district court and be entitled to a trial de novo in accordance with §§ 8-8-3(a)(4) and 8-8-3.2.
  • (b) The town council of the town of Warren may establish a municipal housing court and confer upon the court original jurisdiction, notwithstanding any other provisions of the general laws, to hear and determine causes involving the violation of the zoning ordinances of the town and any violation of the provisions of chapter 24 of this title, (the Rhode Island zoning enabling act of 1991), any violation of chapter 24.1 of this title (the Historical Zoning Act), any violation of chapter 24.2 of this title (Minimum Housing Standards Act), any violation of chapter 24.3 of this title (Housing Maintenance and Occupancy Code), any violation of chapter 23 of this title (Subdivision and Land Development Act), any violation of any local Warren ordinance or regulation enacted pursuant to these chapters, and any violation of the provisions of chapter 27.3 of title 23 (the Rhode Island state building code), and any violation of the provisions of those regulations promulgated by the state building code commission entitled SBC- I Rhode Island state building code, SBC-2 Rhode Island state one and two (2) family dwelling code, SBC-3 Rhode Island state plumbing code, SBC-4 Rhode Island state mechanical code, SBC-5 Rhode Island state electrical code, SBC-6 state property maintenance code, SBC-8 Rhode Island state energy conservation code, and SBC-20 Rhode Island state fuel and gas code; and provided, further, that any party aggrieved by a final judgment, decree or order of the Warren housing court may, within twenty (20) days after entry of this judgment, decree or order, file an appeal to the superior court and be entitled in the latter court to a trial de novo.
  • (b) (c) With respect to violations of either municipal ordinances dealing with minimum housing or chapter 24.3 et seq. of this title dealing with housing maintenance and occupancy, falling under the jurisdiction of the Warren housing court, as outlined in subsection (b) of this section, the town council may also confer upon the municipal housing court, in furtherance of the court's jurisdiction, the power to proceed according to equity:
  • (1) To restrain, prevent, enjoin, abate, or correct a violation;
  • (2) To order the repair, vacation, or demolition of any dwelling, existing in violation; or
  • (3) To otherwise compel compliance with all of the provisions of those ordinances, regulations, and statutes. ;
  • (4) To authorize some official of the city or town, upon the owner's failure to remedy a violation, to remedy the violation at the expense of the owner, with the cost of remedialmeasure recorded as a lien against the property, which shall be treated in the same manner as local property tax liens; or
  • (5) To order a dwelling into receivership and to order the removal of any cloud on the title to the building or property which shall be binding upon all those claiming by, through, under,
  • LC002258 - Page 2of 4 or by virtue of any inferior liens or encumbrances pursuant to chapter 44 et seq., of title 34.
  • (c) (d) The town councilof the town of Warren is authorized and empowered to appoint a judge and clerk of the municipal court. The town councilof the town of Warren is also authorized to appoint a judge and clerk of the housing court, which may be, but is not required to be, the same person(s) holding the judgeship over the municipal court. The town council of the city is authorized and empowered to enact ordinances governing the personnel, operation, and procedure to be followed in the court and to establish a schedule of fees and costs and to otherwise provide for the operation and management of the court. The municipalcourt may impose a sentence not to exceed thirty (30) days in jail and impose a fine not in excess of five hundred dollars ($500), or both. The court is empowered to administer oaths, compel the attendance of witnesses, and punish persons for contempt, and to execute search warrants to the extent the warrants could be executed by a judge of the district court.
  • SECTION 2. This act shalltake effect upon passage.
  • ========
  • LC002258
  • ========
  • LC002258 - Page 3of 4
  • EXPLANATION
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • A N A C T
  • RELATING TO TOWNS AND CITIES – GENERAL POWERS – WARREN MUNICIPAL
  • HOUSING COURT
  • ***
  • This act would authorize the town council of the town of Warren to create a municipal housing court and defines that court's jurisdiction.
  • This act would take effect upon passage. ======== LC002258 ========
  • LC002258 - Page 4of 4
  • (4) To order a dwelling into receivership and to order the removal of any cloud on the title to the building or property which shall be binding upon all those claiming by, through, under, or by virtue of any inferior liens or encumbrances pursuant to chapter 44 et seq., of title 34.
  • (c) (d) The town council of the town of Warren is authorized and empowered to appoint a judge and clerk of the municipal court. The town council of the town of Warren is also authorized to appoint a judge and clerk of the housing court, which may be, but is not required to be, the same person(s) holding the judgeship over the municipal court. The town council of the city is authorized and empowered to enact ordinances governing the personnel, operation, and procedure to be followed in the court and to establish a schedule of fees and costs and to otherwise provide for the operation and management of the court. The municipal court may impose a sentence not to exceed thirty (30) days in jail and impose a fine not in excess of five hundred dollars ($500), or both. The court is empowered to administer oaths, compel the attendance of witnesses, and punish persons for contempt, and to execute search warrants to the extent the warrants could be executed by a judge of the district court.
  • SECTION 2. This act shall take effect upon passage. ======== LC002258/SUB A ========
  • EXPLANATION
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • A N A C T
  • RELATING TO TOWNS AND CITIES – GENERAL POWERS – WARREN MUNICIPAL
  • HOUSING COURT
  • ***
  • This act would authorize the town council of the town of Warren to create a municipal housing court and defines that court's jurisdiction.
  • This act would take effect upon passage. ======== LC002258/SUB A ========

Votes

NOTE: Electronic voting records are unofficial and may not be accurate. For an official vote tally, check the House or Senate Journal from the day of the vote.

Floor vote for Passage

June 20, 2017 at 5:09pm
Yeas: 34 / Nays: 0 / Not voting: 3 / Recused: 0
Legislator Vote
Sen. Algiere Y
Sen. Archambault Y
Sen. Calkin Y
Sen. Ciccone Y
Sen. Conley Y
Sen. Cote Y
Sen. Coyne Y
Sen. Crowley Y
Sen. DaPonte NV
Sen. DiPalma Y
Sen. Doyle NV
Sen. Felag Y
Sen. Fogarty Y
Sen. Gallo Y
Sen. Gee Y
Sen. Goldin Y
Sen. Goodwin Y
Sen. Jabour Y
Sen. Kettle Y
Sen. Lombardi Y
Sen. Lombardo Y
Sen. Lynch Prata Y
Sen. McCaffrey Y
Sen. Metts Y
Sen. Miller Y
Sen. Morgan Y
Sen. Nesselbush Y
Sen. Paolino Y
Sen. Pearson Y
Sen. Picard Y
Sen. Quezada Y
Sen. Raptakis Y
Sen. Ruggerio Y
Sen. Satchell NV
Sen. Seveney Y
Sen. Sheehan Y
Sen. Sosnowski Y

Floor vote for RELATING TO TOWNS AND CITIES --

September 19, 2017 at 2:37pm
Yeas: 69 / Nays: 0 / Not voting: 6 / Recused: 0
Legislator Vote
Rep. Abney Y
Rep. Ackerman Y
Rep. Ajello Y
Rep. Almeida Y
Rep. Amore Y
Rep. Azzinaro Y
Rep. Barros Y
Rep. Bennett Y
Rep. Blazejewski Y
Rep. Canario Y
Rep. Carson NV
Rep. Casey Y
Rep. Casimiro Y
Rep. Chippendale Y
Rep. Corvese Y
Rep. Costantino Y
Rep. Coughlin Y
Rep. Craven Y
Rep. Cunha Y
Rep. Diaz NV
Rep. Donovan Y
Rep. Edwards Y
Rep. Fellela Y
Rep. Filippi Y
Rep. Fogarty Y
Rep. Giarrusso Y
Rep. Handy Y
Rep. Hearn Y
Rep. Hull Y
Rep. Jacquard NV
Rep. Johnston Y
Rep. Kazarian Y
Rep. Keable Y
Rep. Kennedy Y
Rep. Knight Y
Rep. Lancia Y
Rep. Lima Y
Rep. Lombardi Y
Rep. Maldonado Y
Rep. Marshall Y
Rep. Marszalkowski Y
Rep. Mattiello Y
Rep. McEntee Y
Rep. McKiernan Y
Rep. McLaughlin Y
Rep. McNamara Y
Rep. Mendonca NV
Rep. Messier Y
Rep. Morgan Y
Rep. Morin Y
Rep. Nardolillo Y
Rep. Newberry Y
Rep. Nunes Y
Rep. O'Brien Y
Rep. O'Grady Y
Rep. Perez Y
Rep. Phillips Y
Rep. Price NV
Rep. Quattrocchi NV
Rep. Ranglin-Vassell Y
Rep. Regunberg Y
Rep. Roberts Y
Rep. Ruggiero Y
Rep. Serpa Y
Rep. Shanley Y
Rep. Shekarchi Y
Rep. Slater Y
Rep. Solomon Y
Rep. Tanzi Y
Rep. Tobon Y
Rep. Ucci Y
Rep. Vella-Wilkinson Y
Rep. Walsh Y
Rep. Williams Y
Rep. Winfield Y