[HISTORY: Adopted by the Town Council of the Town of Johnston as
indicated in article histories. Amendments noted where applicable.]
[Adopted 12-10-1979 by Ord.
No. 440 as Secs. 12-13 to 12-15 of the 1979 Code]
[Amended 6-10-1996 by Ord. No. 975; 7-13-1998
by Ord. No. 1034]
A.
The owner or occupant of any land upon which there is
any poisonous ivy, Jamestown or Jimson weed or other poisonous or dangerous
weeds shall cause such weeds to be removed within three days after receiving
notice so to do from the Building Inspector or his designee.
B.
The owner or occupant of any land upon which there exists
overgrown vegetation that is more than six inches in height as measured from
ground level shall cause such overgrown vegetation to be removed within three
days after receiving notice so to do from the Building Inspector. “Overgrown
vegetation” shall mean grass, weeds, and other ground cover which have
been allowed to grow in an uncontrolled manner and are not regularly cared
for and maintained.
C.
The owner or occupant of any land upon which there exists
natural debris shall cause such natural debris to be removed within three
days after receiving notice so to do from the Building Inspector. “Natural
debris” shall mean yard clippings, leaves, branches, or wood. The owner
or occupant of any land upon which there exist fallen trees shall cause said
fallen trees to be removed within three days after receiving notice to do
so from the Building Inspector.
D.
Whenever the owner or occupant fails to comply with an
order to remove weeds, overgrown vegetation, natural debris or fallen trees,
and the Town Building Inspector determines that removal of such weeds, overgrown
vegetation, natural debris or fallen trees effects the health, safety and
welfare of the surrounding neighborhood by eliminating a harbor for rodents,
by decreasing dumping and littering, by eliminating fire hazards and by eliminating
unsightly and unsanitary debris and by providing for the safe passage of pedestrians
along sidewalk areas, the Inspector may order removal of the weeds, overgrown
vegetation, natural debris or fallen trees and assess the whole cost incurred
for such removal by imposing a lien on the property as provided or authorized
by the law for the enforcement of common liens on property. Such lien will
be recorded to ensure payment of said costs. The lien will not be removed
until the Building Inspector has been fully reimbursed for the execution of
the removal of the weeds, overgrown vegetation, natural debris and fallen
trees. The owner or occupant will also be subject to a civil penalty of $150
for not complying with the order of removal.
It shall be the duty of the Health Officer to enforce the provisions
of this article and, in the prosecutions for such violation hereof by the
Health Officer, he shall not be required to enter into, recognize or give
surety for costs to prosecute the same.
[Adopted 11-13-2001 by Ord.
No. 2001-20]
The requirements of this article are adopted pursuant to the authority
granted by R.I.G.L. § 45-24.2-1 et seq. and are deemed necessary
for the health, safety and welfare of the citizens of Johnston.
The purpose of this article is to promote the public health, safety
and morals and for the purpose of making any structure safe, sanitary and
fit for human habitation, and to prevent blighted and substandard conditions.
All exposed surfaces of dwelling units which have been adversely affected
by exposure or other causes shall be repaired and coated, treated or sealed
so as to protect them from serious deterioration.
No owner or occupant of any lot shall allow grass or weeds to become
overgrown beyond the height of eight inches and no noxious weeds shall be
allowed to grow on any portion of the property so as to trespass to any adjacent
property. Also, no owner or occupant of any lot shall allow the accumulation
of garbage, trash, junk or other debris, or yard waste so that any citizen
of the Town shall not be safe from fire, the breeding of rodents, vermin or
noxious insects.
A.
Upon a finding by the Building Official that property
within the Town is in such condition as to be in violation of the requirements
of this article, he shall give certified notice thereof to the owner or occupant
of such property to comply with the requirements of this article within 14
days alter service of such notice. Such notice shall identify the property
by address and state the condition thereon found to be in violation of this
article.
B.
Upon failure of the owner or occupant of such premises
to remedy the conditions existing in violation of the requirements hereof
within the 14 days after service of notice, the Building Official may employ
reasonable methods to remedy the condition, including employment of agents
to cut the grass, trim overgrown trees and/or shrubs, and remove trash, debris,
and yard waste. Cleanup costs incurred by the Town shall become a lien against
such property to the same extent and character as a real estate tax liens
with penalty and interest and with the same right of collection and tax sale
as apply to other tax liens.
When used herein, the following terms shall be defined as follows:
A lot of land that is zoned for commercial use with or without a
structure.
Any building or structure or part thereof that is used, occupied,
or intended to be used or occupied for human habitation whether for residential
or business use.
A lot of land that is zoned for residential use with or without a
structure.
A.
Nothing within this article shall prohibit the use of
property for bona fide permitted agricultural purposes, home use composting,
or similar uses within zones where such uses are allowed.
B.
Areas subject to the Rhode Island Department of Environmental
Management's Freshwater Wetlands Act, drainage and conservation easement areas.
