Learn About The Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 01, 2024 | Updated by Findlaw Staff
(a) In any proceeding:
(1) Brought under chapter 27.3 of title 23 entitled the Rhode Island state building code, and any violation of the provisions of those regulations promulgated by the state building code standards committee entitled SBC-1 Rhode Island state building code, SBC-2 Rhode Island state one- and two-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-19 state fuel gas code or any municipal ordinance or regulation concerning minimum housing standards, that is before a state court, municipal court, housing division of a state or municipal court; or
(2) Brought upon a verified petition for abatement filed in the state court by the municipal corporation in which the property involved is located, by any neighboring landowner, or by a nonprofit corporation, registered to do business in the state, that is duly organized and has as one of its goals the improvement of housing conditions for low- and moderate-income persons in the municipality in which the property in question is located, if a building is alleged to be abandoned and either to be in a dangerous or unsafe condition or to be otherwise in violation of chapter 27.3 of title 23 entitled the Rhode Island state building code, and any violation of the provisions of those regulations promulgated by the state building code standards committee entitled SBC-1 Rhode Island state building code, SBC-2 Rhode Island state one and two 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-19 state fuel gas code or any municipal ordinance or regulation concerning building or housing; the municipal corporation, neighboring landowner, or non-profit corporation may apply for an injunction requiring the owner of the building to correct the condition or to eliminate the violation which request shall include evidence of the condition(s) alleged satisfactory to the court, in its discretion.
(b) Unless the court finds an immediate need, due to public safety, for a shortened period, there shall be a hearing at least twenty (20) days after a summons for an injunction, indicating the date and time of the hearing is served upon the owner of the building. The summons shall be served by personal service, residence service, or service by certified mail pursuant to R.I. Super. Ct. R. Civ. P. 4. If service cannot be made in one of these ways, the notice shall be served by posting it in a conspicuous place on the building and by publication in a newspaper of general circulation in the municipality in which the building is located. If the court finds at the hearing that the building is abandoned and either is in a dangerous or unsafe condition or is otherwise in violation of any ordinance or regulation concerning minimum housing standards, it shall issue an injunction requiring the owner to correct the condition or to eliminate the violation, or any other order that it considers necessary or appropriate to correct the condition or to eliminate the violation.
Cite this article: FindLaw.com - Rhode Island General Laws Title 34. Property § 34-44-3. Injunctive relief and other relief - last updated January 01, 2024 | https://codes.findlaw.com/ri/title-34-property/ri-gen-laws-sect-34-44-3/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)