§ 13.6

Violations

Pursuant to a signed, written complaint on behalf of an identifiable complainant, and in Compliance with State Law pursuant to access of private property, the zoning official or their designee shall have the authority to enter the property if in the course of the investigation it is necessary for the zoning official or their designee to determine if the violation in the signed complaint exists.

If the Zoning Official finds that any of the provisions of this ordinance are violated, said officer shall notify in writing the person(s) responsible for the violation, indicating the nature of the violation and ordering any action necessary to correct the violation.

The Zoning Official shall order the discontinuance of any illegal use of any land, building, structure or improvement; the removal of any illegal building, structure, improvement, addition, alteration, or structural change thereto; and the discontinuance of any illegal work being done.

The Zoning Official shall undertake inspections of suspected violations, collect fines for violations, and take any other action authorized by this ordinance to ensure compliance with or to prevent violation of its provisions.

Any person or corporation having received a notice of violation shall have 20 days to respond. If the violation is not corrected or no response is received within 20 days, the Zoning Official shall forward the matter to the Law Department for further action.

An extension of 30 days may be granted if, in the opinion of the Zoning Official, the property owner has made a reasonable attempt to comply but needs additional time to do so.

Any violation where the property owner has been granted an extension that is not corrected within 50 days of the receipt of the notice of violation shall be forwarded to the Law Department for further action.

(Ch. 8134, 10-7-2019)

13.6-1 Illegal Residential Units. Any residential unit in excess of the maximum number of legal units of record for a given property shall be considered an illegal residential unit, and the zoning officer shall order the property owner to immediately remove the illegal unit or cause said unit to be removed.

13.6-1.1 Legal Units of Record. For the purpose of this subsection, the number of legal units of record shall be determined by the zoning officer after reviewing the minimum housing records, tax division records, sewer use division records, records of the zoning board of review, and any other records which the zoning officer deems relevant concerning the subject property.

13.6-1.2 Removal. Removal of an illegal unit shall require the following minimum actions:

(1) Removal of all cooking facilities;

(2) Removal of the kitchen sink and faucets, and covering of resultant openings; and

(3) Disconnection and capping of the plumbing serving said kitchen sink by a licensed plumber.

13.6-1.3 Request for Variance. Any property owner wishing to retain one (1) or more illegal units shall be required to appear before the zoning board of review and request a variance. The fee for consideration of such a request shall be one thousand dollars ($1,000.00). In the event that the requested variance is denied by the zoning board of review, the property owner shall immediately cause the illegal unit to be removed as described hereinabove.

13.6-2 Illegal Extractions. Any parcel of land, or portion thereof, which is used in association with the operation of any extractive industry in any district where such use is not permitted under this ordinance shall be considered an illegal extraction, and the zoning officer shall order the property owner to immediately restore said land to its natural condition prior to such illegal use.

13.6-3 Remedies. Any violation of this ordinance, or violation of any terms or conditions of any action imposed by the zoning board of review, zoning officer, or other authorized agency, may result in the levy of a fine. The severity of said fine shall be reasonably related to the seriousness of the offense, and shall not exceed five hundred dollars ($500.00) for each offense. For the purposes of this subsection, each day of the existence of any such violation shall be deemed to be a separate offense. Any fine shall inure to the city. The city may also cause suit to be brought in supreme or superior court, or in municipal court, to restrain the violation of, or to compel compliance with, the provisions of this ordinance. The city may consolidate an action for injunctive relief and/or fines under this ordinance in the Superior Court for Providence County. The remedies provided for herein shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law.

13.6-4 Judicial Aid In Enforcement. The supreme court and superior court within their respective jurisdictions, or any justice of either of said courts in vacation, shall upon due proceedings in the name of the City of Woonsocket instituted by the city solicitor, have power to issue any extraordinary writs or to proceed according to the court of 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 ordinance, and to order its removal or abatement as a nuisance;
(2) To compel compliance with the provisions of this ordinance;

(3) To order the removal by the owner of any building, structure, sign or improvement existing in violation of this ordinance, and to authorize the zoning officer, in default of such removal by the owner, to remove it at the expense of said 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 city;

(5) To order restoration by the owner, where practicable; and/or

(6) To issue fines and other penalties.

13.6-5 Public Records. The zoning officer shall keep public records of all violations.

13.7 Administrative Fees:

· Issuance of zoning certificate, fifty dollars ($50.00);

· Written advisory opinion of the zoning officer, one hundred dollars ($100.00);