Judicial aid in enforcement; vested rights

A. Judicial aid in enforcement. The Supreme Court and the Superior Court, within their respective jurisdictions, or any justice of either of those courts in vacation, shall, upon due proceedings in the name of the Town, instituted by the Town Solicitor, have power to issue any extraordinary writ or to proceed according to the course of law or equity or both:
- (1) To restrain the erection, alteration, or use of any building, structure, sign, or land erected, altered, or used in violation of the provisions of this chapter, enacted under the authority of Title 45, Chapter 24 of the Rhode Island General Laws, and to order its removal or abatement as a nuisance;
- (2) To compel compliance with the provisions of this chapter enacted under the authority of said Title 45, Chapter 24;
- (3) To order the removal by the property owner of any building, structure, sign, or improvement existing in violation of this chapter enacted under the provisions of said Title 45, Chapter 24, and to authorize the Inspector of the Town, in the default of the removal by the owner, to remove it at the expense of the owner;
- (4) To order the reimbursement for any work or materials which shall have been done or furnished by or at the cost of the Town;
- (5) To order restoration by the owner, where practicable; and/or
- (6) To issue fines and other penalties.
B. Vested rights.
- (1) Any application(s) for development(s) that are substantially complete and have been submitted for approval to the appropriate review agency in the Town prior to enactment of this chapter shall be considered by the Town under the protection of this section and shall be reviewed according to the regulations applicable in the chapter in force at the time the application was submitted. If an application for development under the provisions of this section is approved, failure to initiate and/or complete the improvement of the property(ies) prior to the time limits that may be established at the time of approval, shall render the aforementioned approval null and void. Any subsequent proposal for development of the property, whether or not the proposal is substantially similar to any previously approved plan, shall require a resubmission of development plans by the applicant, subject to the current regulations in effect at the time of such resubmission.
- (2) For the purposes of this section, “substantially complete” shall mean that any application shall have been deemed such by the local official designated to receive such applications, as specified elsewhere in this chapter, and that all required forms, plans, signatures, fees, supporting documentation and other required information has been received and certified by the proper local official to be in proper order. Failure to submit the required information in the proper form, as determined by the designated local official, shall render the submission null and void to any rights afforded through this section.