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Town of Cumberland, RI
Providence County
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Table of Contents
Table of Contents
[Ord. of 3-9-1967, § 1]
This article shall be known as the minimum housing standards code for dwellings and multifamily dwellings and is referred to as the housing code or this Code.
[Ord. of 3-9-1967, § 2]
A certain document, being the Boca Basic Housing Code, published in 1964 by the Building Officials Conference of America, Inc., is adopted as the housing code of the Town for establishing minimum standards for basic equipment and facilities for light, ventilation, space, heating and sanitation; for safety from fire; for space use and location; for safe and sanitary maintenance; for cooking equipment in all dwellings and multifamily dwellings.
[Ord. of 3-9-1967, § 10]
The enforcing officer for this article may make such rules and regulations as may be consistent with the proper enforcement of any ordinance enacted under the provisions of G.L. 1956, § 45-24.2-1 et seq.
[Ord. of 3-9-1967, § 12]
(a) 
A housing board of review is created.
(b) 
The board shall consist of five members to be appointed by the Town Council. The board shall have all the powers and be subject to all the duties provided for housing boards of review by G.L. 1956, § 45-24.2-5.
(c) 
All proceedings of the board shall be held and appeals to the board, as well as appeals from its decisions, shall be taken in accordance with the provisions of G.L. 1956, § 45-24.2.
[Ord. of 3-9-1967, § 11]
(a) 
It shall be the duty of the minimum housing inspector or his duly authorized representative to enforce this article.
(b) 
Any person violating any of the terms, provisions or conditions of this article shall, upon conviction, be punished by a fine not exceeding $20 for any one offense.
[Ord. of 3-9-1967, § 3]
Any person having any duty to perform under the provisions of this article or any ordinance, rule or regulation adopted pursuant to the authority of this article may enter the dwelling and dwelling premises at all reasonable times for the purpose of examination, inspection and survey. If entry is denied or resisted, an order to examine, inspect and survey may be obtained from a court of competent jurisdiction as provided for in G.L. 1956, § 45-24.2-8.
[Ord. of 3-9-1967, § 4]
Under this article, the enforcing officer may order the repair, alteration or improvement of a dwelling or dwelling premises by the owner or other person responsible for such repair, alteration or improvement under the provisions of this article or any ordinance, rule and regulation adopted pursuant to this article.
[Ord. of 3-9-1967, § 5]
The enforcing officer may declare any dwelling or dwelling premises unfit for human habitation if he finds that conditions exist in such dwelling which are a serious hazard or immediate peril to the health, safety or welfare of the occupants thereof, the occupants of neighboring dwellings or the general public.
[Ord. of 3-9-1967, § 6]
Whenever any dwelling or dwelling premises is found by the enforcing officer to be unfit for human habitation because of defects which constitute a serious hazard of immediate peril to the health, safety or welfare of the occupants of the dwelling or the public, the enforcing officer may:
(1) 
Order such dwelling or dwelling premises to be vacated and secured until such time as he determines that the dwelling is again fit for human habitation.
(2) 
Order the removal or demolition of a dwelling whenever the repair, alteration or improvement of the dwelling cannot be made at a cost reasonably related to the value of the dwelling; provided, however, that the owner of such dwelling may at his discretion, repair, alter or improve the dwelling, regardless of the cost, within a time period specified in the order.
(3) 
Repair, alter or improve or cause to be vacated and secured, or both, such dwelling or dwelling premises at the expense of the owner or other responsible person, whenever the owner or other responsible person fails to comply with an order to repair, alter or improve or to vacate and secure the dwelling, provided the cost of such repair, alteration or improvement is reasonably related to the value of the dwelling or dwelling premises.
(4) 
Remove or demolish such dwelling at the expense of the owner whenever the owner fails to comply with an order issued to remove or demolish in accordance with the provisions of Subsection (2) of this section.
[Ord. of 3-9-1967, §§ 7, 8]
(a) 
Whenever the owner fails to comply with any order as provided in § 18-57(1) and (2), the cost incurred by the enforcing officer or any person doing work or furnishing materials by his order under the provisions of § 18-57(3) and (4) shall be a lien against the real property, and such lien shall be enforced in the same manner provided or authorized by law for enforcement of common law liens on personal property. Such lien shall be recorded.
(b) 
If the dwelling is removed or demolished by the enforcing officer, he may sell the materials of such dwelling. The net cost of demolition and removal shall be charged to the owner, and, if any balance remains, it shall be credited to the owner.
(c) 
Any notice and order may be recorded in the same manner as the recording of lis pendens notices.
[Ord. of 3-9-1967, § 9]
The owner of any dwelling which has been found by the enforcing officer to be unfit for human habitation in accordance with the provisions of § 18-56 shall not sell, transfer, mortgage, lease or otherwise dispose of the dwelling until the conditions causing the dwelling to be unfit for human habitation have been corrected or until such owner has furnished the intended grantee, mortgagee or lessee a true copy of the order and has notified the enforcing officer in writing of his intent to transfer, sell, mortgage, lease or otherwise dispose of such dwelling. A transferee, mortgagee or lessee who has received actual notice or constructive notice shall be bound by such order on the date of such transfer, mortgage or lease without service of further notice upon him by the enforcing officer.