I.     CONSENT CALENDAR

A.  APPROVAL OF COUNCIL JOURNALS

August 15, 2006 – Regular Meeting

August 15, 2006 – Closed Meeting Re: Collective Bargaining

B.  CANCELLATION/ABATEMENTS (Requested by Tax Assessor)

On motion of Councilman Caine, seconded by Councilman Midgley, and on a roll call vote, it is unanimously voted to approve the Consent Calendar minus the minutes of the August 15^th Closed Meeting. 

On motion of Councilman Caine, seconded by Councilwoman Perry, and on a roll call vote, it is unanimously voted to approve the Closed Minutes from the August 15^th Closed Meeting and keep it closed. 

II.    APPOINTMENTS

1)  Planning Board - Alternate Member  (By Mayor Larisa)

Matthew Robinson, 34 Lakeside Street  (02915)

On motion of Councilman Midgley, seconded by Councilman Caine, it is unanimously voted to approve.

2)  Carousel Park Commission – Alternate Member (By Councilwoman Perry)

Luci Stoddard, 5 Carolina Avenue (02915)

On motion of Councilwoman Perry, seconded by Councilman Silva, it is unanimously voted to approve.

3)  Zoning Board  (Reappointment by Councilman Midgley)

Eugene Saveory, 11 Dearborn Drive (02915)

On motion of Councilman Midgley, seconded by Councilman Silva, it is unanimously voted to approve.

4)  East Providence Public Library Trustees (Reappointment by Councilwoman Perry)

Margaret Marcotte, 14 Rice Avenue (02914)

On motion of Councilwoman Perry, seconded by Councilman Caine, it is unanimously voted to approve.

III.   CITY COUNCIL SITTING AS LICENSING COMMISSIONERS

LICENSES REQUIRING PUBLIC HEARING

1)  Class A Retail (Transfer)  Subject to approvals from the Chief of Police, Building Inspector, State Division of Taxation, and Fire Marshall.

From:  Bethal Enterprises, Inc. d/b/a Jordan’s Liquors

To:  Victor N. Silva, Marvic Enterprises, Inc., d/b/a Jordan’s Liquors, 199 Taunton Avenue

*Letters of Objection to the transfer of the liquor license received from Attorney Paul J. Pisano on behalf of RI Distributing Company and from McLauglins & Moran, Inc.*

Attorney Robert Brady speaks on behalf of the applicant.

There is no one from the public wishing to be heard.

On motion of Councilman Silva, seconded by Councilman Midgley, and on a roll-call vote, it is unanimously voted to approve subject to the letters of objection above being cleared.

LICENSES NOT REQUIRING PUBLIC HEARING

2)  Private Detective   Subject to approval from the Chief of Police.

Stephen J. Enos, 434 Willett Avenue

Stephen J. Enos, 434 Willett Avenue is present and sworn in by the City Solicitor.

After discussion by the Council, on motion of Councilwoman Perry, seconded by Councilman Silva, it is voted to approve subject to the license expiring in one year and also must be reviewed by the City Council at that time.  Roll call vote as follows:

Motion passes 4 to 1 with the above stipulations.

3)  Laundry/Drycleaners  Subject to approvals from the Chief of Police, Building Inspector, Zoning Officer, and Fire Marshall.

Marek Strzalka, SMJH LLC, d/b/a Laundry Works, 64 Newport Avenue

Marek Strzalka, 237 Woodland Avenue, Seekonk, MA is present and sworn in by the City Solicitor.

On motion of Councilman Midgley, seconded by Councilman Caine, it is unanimously voted to approve.

4)  Laundry/Drycleaners (Transfer) Subject to approvals from the Chief of Police, Building Inspector, Zoning Officer, and Fire Marshall.

            From:  Iulia Barsegova, d/b/a Perfect Fit Tailoring & Drycleaning

To:  Mileta Barsegov, d/b/a Perfect Fit Tailoring & Drycleaning, 196 Newport Avenue

Mileta Barsegov, 123 Clifford Street, is present and sworn in by the City Solicitor.

On motion of Councilman Caine, seconded by Councilman Midgley, it is unanimously voted to approve.

LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL PUBLIC HEARING

IV.   PUBLIC HEARINGS

ORDINANCES – FINAL PASSAGE  (Given First Passage August 15, 2006. Advertised – Prov. Journal August 18, 2006)

1)  The following is an ordinance amendment pertaining to spay/neuter programs

SECTION I.  Section 3-35 entitled “Dog License; fees; penalty.” of Chapter 3 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Animals” in amended to read as follows:

(a) Every owner or keeper of a dog shall annually in the month of April cause that dog to be licensed from the ensuing May 1 in the office of the city clerk; and shall pay the city clerk for the license, so issued, ten dollars.  Additionally, there shall be a one dollar ($1.00) surcharge for each dog license issued by the municipality which shall be deposited in the city’s spay/neuter account to fund low-cost spay/neuter programs.  All licenses issued shall be valid in every city or town during the then current year; provided that any person, who shall become the owner or keeper of a dog, shall cause such dog to be licensed as aforesaid within 30 days after the person becomes the owner or keeper; provided further, that the city clerk shall not issue any license under this section unless the dog has been inoculated against rabies for the period during which such license would be valid.

(b) Every person, owner or keeper of a dog not licensed and/or not collared according to the provisions of this chapter, shall be fined $10.00 to be applied to the support of the city, and that fine shall be in addition to all other lawful fees.

SECTION II.  Subsection (a) of Section 3-61 entitled “Spaying/neutering.” of Chapter 3 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Animals” in amended to read as follows:

(a) No person shall own or harbor, within the city any cat over the age of six months which has not been spayed or neutered, unless such person holds either a license to keep an unaltered cat or a license and permit for breeding cats issued by the city animal control officer, or the owner submits to the animal control officer a letter from a licensed veterinarian stating that it would be inappropriate to spay/neuter the cat due to age, health, or illness.  The owner of any cat over the age of six months is responsible to provide proof of spay/neuter through records or certificate of examination by a licensed veterinarian to the animal control officer within seven days of a request for said records by the animal control officer.

SECTION III.  Subsection (c) of Section 3-62 entitled “Breeding permits.” of Chapter 3 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Animals” in amended to read as follows:

(c)  Each applicant who is issued a permit to breed cats under this section shall pay an annual breeding permit fee of $100.00 per cat.

SECTION IV.  Subsection (b) of Section 3-64 entitled “Revocation of permit.” of Chapter 3 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Animals” in amended to read as follows:

(b) If, after investigation, the animal control officer concludes that it is probable that one or more of the above grounds for revocation has occurred, it shall cause written notice thereof to be transmitted by mail to the address of the permittee.  Said notice shall specify the grounds of possible revocation of the permit and shall specify a date and time for an informal hearing to be held before an animal control officer.  Said date shall be not less than five days subsequent to the date the notice is mailed.  If the health or well-being of the animal is in danger, the animal control officer may take custody and control of the animal until such time that a hearing is conducted.   After the informal hearing, the animal control officer may modify the terms of the permit or revoke the permit.

SECTION V.  Section 3-65 entitled “Penalty for violation.” of Chapter 3 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Animals” in amended to read as follows:

Any person who violates the provisions of this act shall have no more than 30 days to have their cat spayed or neutered or provide proof from a licensed veterinarian indicating that arrangements have been made to spay or neuter their cat (s).  The ACO may inform persons subject to this law to the availability of reduced cost or free of cost spay/neuter programs sponsored by local humane organizations.  If an animal is not spayed or neutered within 30 days of notice, they shall be subject to a $100.00 fine for each 30 days the subject animal is not spayed or neutered. (Requested by: Law Dept.)

On motion of Councilwoman Perry, seconded by Councilman Caine, it is unanimously voted to dispense with the reading of the ordinance.

There is no one from the public wishing to be heard.

On motion of Councilman Caine, seconded by Councilwoman Perry, and on a roll-call vote, it is unanimously voted to approve for Final Passage.

2)  The following is an ordinance amendment regarding unfit dwellings

SECTION I. Division 5 entitled “Minimum Residential Standards” of Article III entitled “Minimum Property Standards” of Chapter 4 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Buildings and Building Regulations.” is amended by adding thereto the following:

Subdivision X.  Dwellings Unfit for Human Habitation

            Sec. 4-284.  Designation, placarding and vacation of unfit dwelling .

Any dwelling, dwelling unit, rooming house or rooming unit which shall be found by the chief inspector to have any of the following defects shall be condemned as unfit for continued occupancy and human habitation, shall be so designated and placarded by the chief inspector and shall be vacated within such reasonable time as the chief inspector may specify in the compliance order:

A.     One which, according to the provisions of sections 4-137 to 4-200 and sections 4-267 to 4-278, is so lacking in sanitation, heating, lighting, or ventilation facilities that it creates a serious hazard to the health or safety of the occupants or of the public.

B.     One which, according to the provisions of sections 4-211 to 4-216 and section 4-281, and which, because of its general condition, number of occupants or location, is so unsanitary, overcrowded or otherwise dangerous or detrimental that it creates a serious hazard to the health or safety of the occupants or of the public.

C.     One which, according to the provisions of sections 4-231 to 4-240, section 4-280, section 4-282 and §4-283, is so decayed, damaged, dilapidated, unsanitary, unsafe or infested that it creates a serious hazard to the health or safety of the occupants or of the public.

            Sec. 4-285. Order to vacate, imminent danger to public health, safety or welfare.

When, in the opinion of the chief inspector, there is imminent danger of failure or collapse of a building or structure or any part thereof which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the building or structure, the chief inspector is hereby authorized and empowered to order and require the occupants to vacate the same forthwith.  The chief inspector shall cause to be posted at each entrance to such structure a notice reading as follows:  “This Structure is Unsafe and its Occupancy has been Prohibited by the Chief Inspector.”  It shall be unlawful for any person to enter such structure except for the purpose of making the required repairs or of demolishing the same.

            Sec. 4-286.  Notice of intent to condemn.

Whenever the chief inspector determines that a dwelling, dwelling unit, rooming house or rooming unit is unfit for continued occupancy as provided herein, he or she shall include within the notice of violation provided for in section 4-93 a statement of his or her intent to condemn and placard the dwelling, dwelling unit, rooming house or rooming unit as unfit for continued occupancy and to require it to be vacated if the provisions of the notice of violation are not complied with. A copy of such notice of violation shall be served on the owner, operator and the occupant in the manner provided in section 4-93.

            Sec. 4-287.  Order to vacate.

Whenever a notice of violation, as provided for in section 4-422, has not been complied with, the chief inspector may include within the compliance order a finding to the effect that the dwelling, dwelling unit, rooming house or rooming unit is unfit for continued occupancy, and such finding shall constitute an order to vacate. Such compliance order shall be served upon the owner, operator and the occupant in the manner provided for in section 4-94, and service shall be made at least ten (10) days prior to the effective date of the order to vacate. An appeal from such compliance order may be taken to the property standards board of review in the manner provided for in sections 4-96 to 4-100.

            Sec. 4-288.  Use of condemned dwellings prohibited, removal of placard on condemned dwelling prohibited.

A dwelling, dwelling unit, rooming house or rooming unit which has been condemned and placarded as unfit for continued occupancy shall remain uninhabited until the chief inspector provides written approval of habitation and grants permission to remove the placard.

Additionally, no person shall deface or remove the placard from any dwelling, dwelling unit, rooming house or rooming unit which has been condemned as unfit for continued occupancy and placarded as such, except as provided in section 4-425.

            Sec. 4-289.  Securing of vacated dwellings and structures.

A.     Whenever any dwelling or accessory structure shall become vacant and open at any door or window, leaving the interior of the building exposed to the elements or accessible to entrance by trespassers, such building will be deemed to be dangerous or unsafe.

B.     When a vacant dwelling or accessory structure becomes hazardous to the safety, health or welfare of the public by reason of inadequate maintenance, dilapidation, obsolescence or abandonment, such building shall be deemed to be dangerous and unsafe.

C.     When a vacant dwelling or accessory structure has been damaged, vandalized, or deteriorated to such an extent as to be unfit or unsuitable for occupancy, such building shall be deemed to be dangerous and unsafe.

D.     When the whole or any part of any dwelling or accessory structure is deemed to be in a dangerous or unsafe condition, the chief inspector shall issue a notice of the dangerous and unsafe conditions to the owner of record, requiring the appearance of such owner of a record at a hearing before the chief inspector within fourteen (14) days to show cause why the dwelling or accessory structure should not be demolished or otherwise made safe.  All notices shall be in writing in accordance with section 4-93.

E.      When it is determined at the hearing that the dwelling or accessory structure should be demolished or otherwise made safe, the chief inspector shall issue a compliance order to the effect that such dwelling or accessory structure shall be demolished or otherwise made safe within a time not to exceed ninety (90) days.  Where no emergency exists, the owner may either consent in writing to rehabilitate the dwelling so that it complies in all respects with this chapter within six (6) months and must provide, if required by the chief inspector, a performance bond guaranteeing that the work will be done; or the owner may put the dwelling up for sale on terms, conditions, and limitations which would provide for the rehabilitation of the dwelling thereon within a six-month period.  The owner shall further agree that if rehabilitation or sale does not occur within the six-month period, the chief inspector may thereafter demolish the dwelling without further notice or proceedings.  In either case, such dwelling shall be secured in accordance with Subsection H of this section.

F.      Should the owner of record fail to appear at the hearing, the chief inspector shall take action to demolish or otherwise make safe the dwelling or accessory structure as may be found to be necessary or warranted by the evidence in his or her file.

G.     The chief inspector shall place a lien against the real property for the cost of demolition or otherwise making the building or structure safe in accordance with the provisions of section 4-432.

H.     Any building which is boarded for any reason shall comply with the following specifications:  all openings (including doors and windows) from cellar to second floor inclusive, and all windows above the second floor leading to fire escapes, porches or structural appurtenances on all floors must be covered from the exterior with one-half-inch-thick plywood secured with either 10d common nails or screws of a minimum length of one and one-half (1 1/2) inches, placed twelve (12) inches on center.  All other windows shall be secured from the exterior with either plywood or seven-eighths (7/8) inch matched boards.

            Sec. 4-290.  Notice of intent to demolish.

A.     Whenever the chief inspector determines that a dwelling or dwelling unit is unfit for human habitation and continued occupancy, and that the cost necessary to alleviate the violation is not reasonably related to the value of the dwelling, he or she shall include within the notice of violation provided for in section 4-93 a statement of his or her intent to order the demolition of the dwelling, provided that the owner, at his or her discretion, may repair, alter or improve the dwelling in order to alleviate the violation, regardless of whether or not the cost is reasonably related to the value, or may demolish the dwelling at his or her own expense pursuant to the provisions of section 4-104; provided further, that the owner shall alleviate the violation within the time specified in the notice of violation.

B.     A copy of such notice shall be served on the owner, occupant, lessee, mortgagee and all other persons having any interest in such dwelling, as shown by the records of the Recorder of Deeds, in the manner provided for in section 4-93 provided that in the event that any such person is not identified or located, service may be made upon him or her by publication in a newspaper of general circulation in the city once a week for two (2) successive weeks.

C.     For the purposes of this section, any repair, alteration or improvement that is determined by the chief inspector to cost more than fifty percent (50%) of the assessed valuation of the dwelling shall be deemed to be not reasonably related to the value of the dwelling.

            Sec. 4-291.  Order to demolish.

Whenever a notice of violation provided for in section 4-428 has not been complied with, the chief inspector may include within the compliance order a finding to the effect that the dwelling is unfit for human habitation and continued occupancy, and such finding shall be an order to demolish the dwelling. Such compliance order shall be served upon the owner, occupant, lessee, mortgagee and all other persons having any interest in the dwelling, as shown by the records of the Recorder of Deeds, in the manner provided for in section 4-104, provided that in the event that any such person is not identified or located, service may be made upon him or her by publication in a newspaper of general circulation in the city once a week for two (2) successive weeks, and service shall be made at least three (3) months prior to the effective date of the demolition provisions of the order. An appeal from such compliance order may be taken to the property standards board of review in the manner provided for in sections 4-96 to 4-100.

            Sec. 4-292.  Power of chief inspector to alleviate violation; limitation.

Whenever a compliance order to repair, alter or secure a dwelling found by the chief inspector to be unfit for human habitation and continued occupancy has not been complied with, the chief inspector may, at the expense of the person responsible for alleviating the violation, take such direct action as is necessary to alleviate the violation, if the cost of such action is reasonably related to the value of dwelling. For the purposes of this section, any repair, alteration or securing that is determined by the chief inspector to cost fifty percent (50%) or less of the assessed valuation of the dwelling shall be deemed to be reasonable. The power of the chief inspector to repair or alter shall be limited to the alleviation of conditions which affect occupied dwellings or dwelling units.

            Sec. 4-293.  Demolition of structure at owner’s expense.

Whenever a compliance order issued pursuant to the provisions of sections 4-96 to 4-100 providing for the demolition of a dwelling has not been complied with and the cost of repair has been determined by the chief inspector to be more than fifty percent (50%) of the assessed valuation of the dwelling, the chief inspector may apply to a court of competent jurisdiction for a demolition order to undertake the demolition at the expense of the owner.  The court may grant the order when no reconsideration or hearing on the matter is pending.

            Sec. 4-294.  Liens and charges to cover expenses.

Whenever the owner fails to comply with an order to repair, alter, improve or demolish a dwelling which has been determined to be unfit for human habitation and continued occupancy, and the chief inspector has taken direct action pursuant to the provisions of sections 4-430 or 4-431, the costs incurred by him or her in such action shall be a lien against the real property, and such lien shall be enforced in the manner provided or authorized by law for the enforcement of common law liens on personal property. Such lien shall be recorded. If the dwelling is demolished by the chief inspector, he or she may sell the materials of such dwelling, and the net cost of the demolition shall be charged to the owner, and if any balance remains, it shall be held for the owner or any other parties entitled thereto. In every case, the cost of direct action shall be the costs necessary to perform the required work as expeditiously as possible, together with a ten-percent service charge in addition thereto.

            Sec. 4-295.  Relocation of occupants.

Notwithstanding the other provisions of this Division, no dwelling shall be required to be vacated or demolished by the chief inspector under the powers granted to him or her by the provisions of this chapter until persons occupying the dwelling at the time the compliance order is issued have been offered housing accommodations in a decent, safe and sanitary dwelling which meet the requirements of this chapter.  The expense of providing alternate housing for persons ordered to vacate the dwelling shall be borne by the owner of the dwelling.  Should the owner fail to pay for such alternate housing, the City of East Providence will accommodate said occupants for up to one week, and will seek reimbursement for such accommodations from the property owner.

SECTION II.  The title of Subdivision VI. Unfit Dwellings of Division 6 entitled “Nonresidential Standards” of Article III entitled “Minimum Property Standards” of Chapter 4 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Buildings and Building Regulations.” is amended to read as follows:

                                                            Subdivision VI.  Unfit Structures.

SECTION III.  Sec. 4-406 entitled “Grounds generally.” of Subdivision VI entitled “Unfit Dwellings” of Division 6 entitled “Nonresidential Standards” of Article III entitled “Minimum Property Standards” of Chapter 4 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Buildings and Building Regulations.” is amended to read as follows:

            Sec. 4-406.  Designation and placarding.

Any nonresidential structure, which shall be found by the chief inspector to have any of the following defects shall be condemned as unfit for continued occupancy and shall be so designated and placarded by the chief inspector:

A.      One which, according to the provisions of this chapter, is so lacking in sanitation, heating, lighting, or ventilation facilities that it creates a serious hazard to the health or safety of the occupants or of the public.

B.     One which, according to the provisions of this chapter and which, because of its general conditions, number of occupants or location is so unsanitary, overcrowded or otherwise dangerous or detrimental that it creates a serious hazard to the health or safety of the occupants or of the public.

C.     One which, according to the provisions of this chapter, is so decayed, damaged, dilapidated, unsanitary, unsafe or infested that it creates a serious hazard to the health or safety of the occupants or of the public.

SECTION IV.  Sec. 4-407 entitled “Roominghouses, etc.” of Subdivision VI entitled “Unfit Dwellings” of Division 6 entitled “Nonresidential Standards” of Article III entitled “Minimum Property Standards” of Chapter 4 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Buildings and Building Regulations.” is hereby deleted in its entirety.

SECTION V.  Sec. 4-408 entitled “Notice of violation and intent to condemn” of Subdivision VI entitled “Unfit Dwellings” of Division 6 entitled “Nonresidential Standards” of Article III entitled “Minimum Property Standards” of Chapter 4 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Buildings and Building Regulations.” is amended to read as follows:

            Sec. 4-407.  Notice of violation and intent to condemn.

Whenever the chief inspector determines that a structure is unfit for continued occupancy as provided in this article, he shall include within the notice of violation provided for in section 4-93 a statement of his intent to condemn and placard the structure as unfit for continued occupancy and to require it to be vacated if the provisions of the notice of violation are not complied with.  A copy of such notice of violation shall be served on the owner, operator and the occupant in the manner provided in section 4-93. 

SECTION VI  Sec. 4-409 entitled “Order to vacate.” of Subdivision VI entitled “Unfit Dwellings” of Division 6 entitled “Nonresidential Standards” of Article III entitled “Minimum Property Standards” of Chapter 4 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Buildings and Building Regulations.” is amended to read as follows:

            Sec. 4-408.  Order to vacate.

Whenever a notice of violation as provided for in section 4-407 has not been complied with, the chief inspector may include within the compliance order a finding to the effect that the structure is unfit for continued occupancy, and such finding shall be an order to vacate.  Such compliance shall be in the manner provided for in section 4-94 and service shall be made at least ten days prior to the effective date of the order to vacate.  An appeal from such compliance order may be taken to the property standards board of review in the manner provided for in sections 4-96 through 4-100.

SECTION VII.  Sec. 4-410 entitled “Vacation required and issuance of order.” of Subdivision VI entitled “Unfit Dwellings” of Division 6 entitled “Nonresidential Standards” of Article III entitled “Minimum Property Standards” of Chapter 4 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Buildings and Building Regulations.” is amended to read as follows:

            Sec. 4-409.  Vacation required and issuance of order.

Any structure condemned as unfit for continued occupancy shall be so designated and placarded and shall be vacated within such reasonable time as the chief inspector may specify in the compliance order.

SECTION VIII.  Sec. 4-411 entitled “Occupancy of condemned building prohibited without written approval.” of Subdivision VI entitled “Unfit Dwellings” of Division 6 entitled “Nonresidential Standards” of Article III entitled “Minimum Property Standards” of Chapter 4 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Buildings and Building Regulations.” is amended to read as follows:

            Sec. 4-410.  Occupancy of condemned building prohibited without written approval.

No structure which has been condemned and placarded as unfit for continued occupancy shall again be occupied until written approval therefore and for removal of the placard is secured from the chief inspector. 

SECTION IX.  Sec. 4-412 entitled “Removal of notice of condemnation” of Subdivision VI entitled “Unfit Dwellings” of Division 6 entitled “Nonresidential Standards” of Article III entitled “Minimum Property Standards” of Chapter 4 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Buildings and Building Regulations.” is amended to read as follows:

            Sec.  4-411.  Removal of notice of condemnation.

No person shall deface or remove the placard from any structure which has been condemned as unfit for continued occupancy and placarded as such, except as provided in section 4-410.

SECTION X.  Sec. 4-413 entitled “Duty of owner to secure condemned dwelling.” of Subdivision VI entitled “Unfit Dwellings” of Division 6 entitled “Nonresidential Standards” of Article III entitled “Minimum Property Standards” of Chapter 4 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Buildings and Building Regulations.” is amended to read as follows:

            Sec. 4-412.  Duty of owner to secure condemned dwelling. 

The owner of every structure which is condemned as unfit for continued occupancy and vacated shall make such structure safe and secure in whatever manner the chief inspector may deem necessary so that the structure shall not be dangerous to human life and shall not constitute either a fire hazard or a public nuisance.  Any such vacant structure open at doors and windows, if unguarded, shall be deemed dangerous to human life as a fire hazard and a public nuisance within the meaning of this provision. 

SECTION XI.  Sec. 4-414 entitled “Duty of owner to secure abandoned and/or unoccupied dwelling” of Subdivision VI entitled “Unfit Dwellings” of Division 6 entitled “Nonresidential Standards” of Article III entitled “Minimum Property Standards” of Chapter 4 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Buildings and Building Regulations.” is amended to read as follows:

            Sec. 4-413.  Duty of owner to secure abandoned and/or unoccupied dwelling.

(a) Generally.  The owner of every structure which is abandoned and/or unoccupied shall make such structure safe and secure in that all windows, doors, bulkheads or entryways shall be covered in a workmanlike manner with at least half-inch plywood or equal material; such covering must be painted or stained to match the present color of the structure.  The structure shall not be dangerous to human life and shall not constitute either a fire hazard or a public nuisance.  Any such abandoned and/or unoccupied structure open at doors and/or windows, if unguarded, shall be deemed dangerous to human life as a fire hazard and public nuisance within the meaning of this provision. 

(b)  Violation; penalty.  All violators of this section who fail to meet the above standards after notice thereof of not more than ten days shall be fined $50.00 per day for each day the violation exists.  The minimum property standards board shall have the right to review, suspend or waive all fines levied under this section. 

SECTION XII.  Sec. 4-415 entitled “Notice of violation and intent to demolish” of Subdivision VI entitled “Unfit Dwellings” of Division 6 entitled “Nonresidential Standards” of Article III entitled “Minimum Property Standards” of Chapter 4 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Buildings and Building Regulations.” is amended to read as follows:

            Sec. 4-414.  Notice of violation and intent to demolish.

Whenever the chief inspector determines that a structure is unfit for continued occupancy as provided in this article and that the cost necessary to alleviate the violation is not reasonably related to the value of the structure he shall include within the notice of violation provided for in section 4-93 a statement of his intent to order the demolition of the structure; provided, however, that the owner at his discretion may repair, alter or improve the structure in order to alleviate the violation regardless of whether or not the cost is reasonably related to the value or may demolish the structure at his own expense pursuant to the provisions of section 4-91; provided further, that the owner alleviate the violation within the time specified in the notice of violation.  A copy of such notice shall be served on the owner, occupant, lessee, mortgagee and all other persons having any interest in such structure as shown by the records of the recorder of deeds in the manner provided for in section 4-93; provided that in the event that any such person is not identified or located, service may be made upon him by publication in a newspaper of general circulation in the city once a week for two successive weeks.  For purposes of this section, any repair, alteration or improvement that is determined by the chief inspector to cost more than 50 percent of the assessed valuation of the structure shall be deemed to be not reasonably related to the value of the structure. 

SECTION XIII.  Sec. 4-416 entitled “Demolition order.” of Subdivision VI entitled “Unfit Dwellings” of Division 6 entitled “Nonresidential Standards” of Article III entitled “Minimum Property Standards” of Chapter 4 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Buildings and Building Regulations.” is amended to read as follows:

            Sec. 4-415.  Demolition order.

Whenever a notice of violation as provided for in section 4-414 has not been complied with, the chief inspector may include within the compliance order a finding to the effect that the structure is unfit for continued occupancy, and such finding shall be an order to demolish the structure.  Such compliance order shall be served upon the owner, occupant, lessee, mortgagee and all other persons having any interest in the structure as shown by the records of the recorder of deeds in the manner provided for in section 4-94; provided however, that in the event that any such person is not identified or located, service may be made upon him by publication in a newspaper of general circulation in the city once a week for two successive weeks, and service shall be made at least three months prior to the effective date of the demolition provisions of the order.  An appeal from such compliance order may be taken to the property standards board of review in the manner provided for in sections 4-96 through 4-100 and the notice of violation and order to demolish shall so state.

SECTION XIV.  Sec. 4-417 entitled “When chief inspector to make repairs.” of Subdivision VI entitled “Unfit Dwellings” of Division 6 entitled “Nonresidential Standards” of Article III entitled “Minimum Property Standards” of Chapter 4 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Buildings and Building Regulations.” is amended to read as follows:

            Sec. 4-416.  When chief inspector to make repairs.

Whenever a compliance order to repair, alter or secure a structure found by the chief inspector to be unfit for continued occupancy has not been complied with, the chief inspector may, at the expense of the person responsible for alleviating the violation, take such direct action as is necessary to alleviate the violation if the cost of such action is reasonably related to the value of the structure.  For the purposes of this section, any repair, alteration or securing that is determined by the chief inspector to cost 50 percent or less of the assessed valuation of the structure shall be deemed to be reasonable.  The power of the chief inspector to repair or alter shall be limited to the alleviation of conditions which affect occupied.

SECTION XV.  Sec. 4-418 entitled “When chief inspector to proceed with demolition, liability for expense of demolition.” of Subdivision VI entitled “Unfit Dwellings” of Division 6 entitled “Nonresidential Standards” of Article III entitled “Minimum Property Standards” of Chapter 4 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Buildings and Building Regulations.” is amended to read as follows:

            Sec. 4-417.  When chief inspector to proceed with demolition; liability for expense of demolition.

Whenever a compliance order issued pursuant to the provisions of section 4-415 and providing for the demolition of a structure has not been complied with and the cost of the repair has been determined by the chief inspector to be more than 50 percent of the assessed valuation of the structure, the chief inspector may demolish the structure at the expense of the owner.

SECTION XVI.  Sec. 4-419 entitled “Liens and charges to recover expense of demolition by chief inspector.” of Subdivision VI entitled “Unfit Dwellings” of Division 6 entitled “Nonresidential Standards” of Article III entitled “Minimum Property Standards” of Chapter 4 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Buildings and Building Regulations.” is amended to read as follows:

Sec. 4-418.   Liens and charges to recover expense of demolition by chief inspector.

Whenever the owner fails to comply with an order to repair, alter, improve or demolish a structure which has been determined to be unfit for continued occupancy and the chief inspector has taken direct action pursuant to the provisions of sections 4-416 and 4-417, the costs incurred by him in such action shall be a lien against the real property, and such lien shall be enforced in the manner provided or authorized by law for the enforcement of common law liens on personal property.  Such lien shall be recorded.  If the structure is demolished by the chief inspector, he may sell the materials of such structure, and the net cost of the demolition shall be charged to the owner.  If any balance remains, it shall be held for the owner or any other parties entitled thereto, and in every case, the cost of direct action shall be the costs necessary to perform the required work as expeditiously as possible, together with a ten percent service charge in addition thereto.

SECTION XVII.  Subdivision VI entitled “Unfit Dwellings” of Division 6 entitled “Nonresidential Standards” of Article III entitled “Minimum Property Standards” of Chapter 4 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Buildings and Building Regulations.” is amended by adding thereto the following:

            Sec. 4-419.  Order to vacate; imminent danger to public health, safety or welfare.

When, in the opinion of the chief inspector, there is imminent danger of failure or collapse of a building or structure or any part thereof which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the building or structure, the chief inspector is hereby authorized and empowered to order and require the occupants to vacate the same forthwith.  The chief inspector shall cause to be posted at each entrance to such structure a notice reading as follows:  “This Structure is Unsafe and its Occupancy has been Prohibited by the Chief Inspector.”  It shall be unlawful for any person to enter such structure except for the purpose of making the required repairs or of demolishing the same.

            Sec. 4-420.  Notice of intent to condemn.

Whenever the chief inspector determines that a nonresidential structure is unfit for continued occupancy as provided herein, he or she shall include within the notice of violation provided for in section 4-93 a statement of his or her intent to condemn and placard the nonresidential structure as unfit for continued occupancy and to require it to be vacated if the provisions of the notice of violation are not complied with. A copy of such notice of violation shall be served on the owner, operator and the occupant in the manner provided in section 4-93.

            Sec. 4-421.  Order to vacate.

Whenever a notice of violation, as provided for in section 4-422, has not been complied with, the chief inspector may include within the compliance order a finding to the effect that the nonresidential structure is unfit for continued occupancy, and such finding shall constitute an order to vacate. Such compliance order shall be served upon the owner, operator and the occupant in the manner provided for in section 4-94, and service shall be made at least ten (10) days prior to the effective date of the order to vacate. An appeal from such compliance order may be taken to the property standards board of review in the manner provided for in sections 4-96 to 4-100.

Sec. 4-422.  Placarding and vacation of unfit nonresidential structures.

Any nonresidential structure condemned as unfit for continued occupancy shall be so designated and placarded and shall be vacated within such reasonable time as chief inspector may specify in the compliance order.

            Sec. 4-423.  Use of condemned nonresidential structures prohibited.

A nonresidential structure which has been condemned and placarded as unfit for continued occupancy shall remain unoccupied until the chief inspector provides written approval of occupancy and grants permission to remove the placard.

            Sec. 4-424.  Removal of placards from condemned nonresidential structures.

No person shall deface or remove the placard from any nonresidential structure which has been condemned as unfit for continued occupancy and placarded as such, except as provided in section 4-425.

            Sec. 4-425.  Securing of vacated and nonresidential structures.

(A)  Whenever any nonresidential structure shall become vacant and open at any door or window, leaving the interior of the building exposed to the elements or accessible to entrance by trespassers, such building will be deemed to be dangerous or unsafe.

(B)  When a vacant nonresidential structure becomes hazardous to the safety, health or welfare of the public by reason of inadequate maintenance, dilapidation, obsolescence or abandonment, such building shall be deemed to be dangerous and unsafe.

(C)  When a vacant nonresidential structure has been damaged, vandalized, or deteriorated to such an extent as to be unfit or unsuitable for occupancy, such building shall be deemed to be dangerous and unsafe.

(D)  When the whole or any part of any nonresidential structure is deemed to be in a dangerous or unsafe condition, the chief inspector shall issue a notice of the dangerous and unsafe conditions to the owner of record, requiring the appearance of such owner of a record at a hearing before the chief inspector within fourteen (14) days to show cause why the nonresidential structure should not be demolished or otherwise made safe.  All notices shall be in writing in accordance with section 4-93.

(E)  When it is determined at the hearing that the nonresidential structure should be demolished or otherwise made safe, the chief inspector shall issue a compliance order to the effect that such nonresidential structure shall be demolished or otherwise made safe within a time not to exceed ninety (90) days.  Where no emergency exists, the owner may either consent in writing to rehabilitate the structure so that it complies in all respects with this chapter within six (6) months and must provide, if required by the chief inspector, a performance bond guaranteeing that the work will be done; or the owner may put the nonresidential structure up for sale on terms, conditions, and limitations which would provide for the rehabilitation of the structure thereon within a six-month period.  The owner shall further agree that if rehabilitation or sale does not occur within the six-month period, the chief inspector may thereafter demolish the structure without further notice or proceedings.  In either case, such nonresidential structure shall be secured in accordance with Subsection H of this section.

(F)  Should the owner of record fail to appear at the hearing, the chief inspector shall take action to demolish or otherwise make safe the nonresidential structure as may be found to be necessary or warranted by the evidence.

(G)  The chief inspector shall place a lien against the real property for the cost of demolition or otherwise making the building or structure safe in accordance with the provisions of section 4-432.

(H)  Any building which is boarded for any reason shall comply with the following specifications:  all openings (including doors and windows) from cellar to second floor inclusive, and all windows above the second floor leading to fire escapes, porches or structural appurtenances on all floors must be covered from the exterior with one-half-inch-thick plywood secured with either 10d common nails or screws of a minimum length of one and one-half (1 1/2) inches, placed twelve (12) inches on center.  All other windows shall be secured from the exterior with either plywood or seven-eighths (7/8) inch matched boards.

            Sec. 4-426.  Notice of intent to demolish.

(A)  Whenever the chief inspector determines that a nonresidential structure is unfit for human occupation, and that the cost necessary to alleviate the violation is not reasonably related to the value of the structure, he or she shall include within the notice of violation provided for in section 4-93 a statement of his or her intent to order the demolition of the nonresidential structure, provided that the owner, at his or her discretion, may repair, alter or improve the structure in order to alleviate the violation, regardless of whether or not the cost is reasonably related to the value, or may demolish the structure at his or her own expense pursuant to the provisions of section 4-104; provided further, that the owner shall alleviate the violation within the time specified in the notice of violation.

(B)  A copy of such notice shall be served on the owner, occupant, lessee, mortgagee and all other persons having any interest in such nonresidential structure, as shown by the records of the Recorder of Deeds, in the manner provided for in section 4-93 provided that in the event that any such person is not identified or located, service may be made upon him or her by publication in a newspaper of general circulation in the city once a week for two (2) successive weeks.

(C)  For the purposes of this section, any repair, alteration or improvement that is determined by the chief inspector to cost more than fifty percent (50%) of the assessed valuation of the nonresidential structure shall be deemed to be not reasonably related to the value of the structure.

Sec. 4-427.  Order to demolish.

Whenever a notice of violation provided for in section 4-428 has not been complied with, the chief inspector may include within the compliance order a finding to the effect that the structure is unfit for human occupation, and such finding shall be an order to demolish the nonresidential structure.   Such compliance order shall be served upon the owner, occupant, lessee, mortgagee and all other persons having any interest in the structure, as shown by the records of the Recorder of Deeds, in the manner provided for in section 4-104, provided that in the event that any such person is not identified or located, service may be made upon him or her by publication in a newspaper of general circulation in the city once a week for two (2) successive weeks, and service shall be made at least three (3) months prior to the effective date of the demolition provisions of the order. An appeal from such compliance order may be taken to the property standards board of review in the manner provided for in sections 4-96 to 4-100.

            Sec. 4-428.  Power of chief inspector to alleviate violation; limitation.

Whenever a compliance order to repair, alter or secure a nonresidential structure found by the chief inspector to be unfit for human occupation has not been complied with, the chief inspector may, at the expense of the person responsible for alleviating the violation, take such direct action as is necessary to alleviate the violation, if the cost of such action is reasonably related to the value of structure. For the purposes of this section, any repair, alteration or securing that is determined by the chief inspector to cost fifty percent (50%) or less of the assessed valuation of the nonresidential structure shall be deemed to be reasonable. The power of the chief inspector to repair or alter shall be limited to the alleviation of conditions which affect occupied structures.

            Sec. 4-429.  Demolition of structure at owner’s expense.

Whenever a compliance order issued pursuant to the provisions of sections 4-96 to 4-100 providing for the demolition of a structure has not been complied with and the cost of repair has been determined by the chief inspector to be more than fifty percent (50%) of the assessed valuation of the structure, the chief inspector may apply to a court of competent jurisdiction for a demolition order to undertake the demolition at the expense of the owner.  The court may grant the order when no reconsideration or hearing on the matter is pending.

            Sec. 4-430.  Liens and charges to cover expenses.

Whenever the owner fails to comply with an order to repair, alter, improve or demolish a nonresidential dwelling which has been determined to be unfit for human occupation, and the chief inspector has taken direct action pursuant to the provisions of sections 4-430 or 4-431, the costs incurred by him or her in such action shall be a lien against the real property, and such lien shall be enforced in the manner provided or authorized by law for the enforcement of common law liens on personal property. Such lien shall be recorded. If the nonresidential structure is demolished by the chief inspector, he or she may sell the materials of such structure, and the net cost of the demolition shall be charged to the owner, and if any balance remains, it shall be held for the owner or any other parties entitled thereto. In every case, the cost of direct action shall be the costs necessary to perform the required work as expeditiously as possible, together with a ten-percent service charge in addition thereto. (Requested by: Law Dept.)

On motion of Councilwoman Perry, seconded by Councilwoman Midgley, it is unanimously voted to dispense with the reading of the ordinance.

There is no one from the public wishing to be heard.

On motion of Councilman Caine, seconded by Councilman Silva, and on a roll-call vote, it is unanimously voted to approve for Final Passage.

V.    NEW BUSINESS

A.  CITY MANAGER’S REPORT

1.  Pawtucket Police Dept. and Barrington Police Dept. Mutual Aid Agreements

On motion of Councilman Midgley, seconded by Councilman Caine, it is unanimously voted to approve.

2.  Government funds to dredge Bullock Cove

On motion of Councilman Midgley, seconded by Councilwoman Perry, it is unanimously voted to authorize the City Manager to send the Congressional delegation letter stressing the importance of the project.

3. RIDEM Grant Program and authorization to purchase a marine sewage pump-out boat for Harbor Dept.

On motion of Councilman Midgley, seconded by Councilman Caine, it is unanimously voted to approve.

4. Executive Session – Collective Bargaining Negotiations

On motion of Councilman Caine, seconded by Councilman Silva, it is unanimously voted to go into Executive Session at the end of the meeting in accordance with Section 42-46-5 of the “Exceptions” of Chapter 46 of the General Laws, pursuant to Section 42-46-5-(a) (2) [Collective Bargaining/Litigation], to discuss collective bargaining negotiations.

B.  REPORTS OF OTHER CITY OFFICIALS

CLAIMS COMMITTEE (by William J. Conley, Jr. City Solicitor)

On motion of Councilman Midgley, seconded by Councilman Caine, and on a roll-call vote, it is unanimously voted to accept the Claims Report.

Unanimous Consent is given to Mayor Larisa.  A Council Meeting needs to be scheduled for September 15, 2006 at a time to be determined for presentation of the budget to the Council by the City Manager.  The City Clerk will coordinate the time with the Council members.  This is just a meeting to accept the budget; no comments during this meeting.  Motion is made by Councilman Caine, seconded by Councilwoman Perry.

C.  COUNCIL MEMBERS

1)  "Hold on to your wallets - they are back!"   (by Mayor Larisa)

Mayor Larisa discusses an article in the Journal on August 23^rd that the School board offers 6.3% budget increase.  We had a great joint meeting together and the School talked of the need to protect the taxpayers.  Then I read the newspaper article and this will mean a radical tax increase.  The State is increasing the School’s budget by $1.1 million dollars and they are asking the taxpayers for almost three times that amount, $3.2 million more.  Last year, we were supposed to have a 3% tax increase.  The majority of the Council voted to bail the School out with an extra $500,000, upping the increase in their budget to $2.9 million.  Now they want another $3.2 million.  These are the biggest increases in the school budget in the City’s history.  This is outrageous.  It’s the contract vs. the taxpayer.  We have historic co-pay agreements on healthcare with all our unions and soon with all of our City employees.  We also have prescription drug co-payments with all our City employees of 20%, 25% and 30%.  If the teachers and the approximate 1,000 School Department employees just did what the City employees did, that would result in over $1.3 million dollars.  Their co-pays on prescriptions are a flat fee of $5 or $20. There is no co-pay for healthcare benefits.  We’re not being unreasonable to insist on this.  Our unions didn’t think it was; our City employees don’t think it is.  But we have the School Department and School Committee using the contract as gospel and it going to hit the taxpayers right in their pockets.  We’re just telling the truth about the salaries and benefits strangling the City and killing the taxpayers.  They aren’t willing to fight for the people paying the bills and all we’ve asked for and all the calls I get every week on this is for fairness.  No one is talking about taking away healthcare benefits from anyone.  We’re just talking about what is fair and reasonable.  The State gets away with $1.1 million and I would be fine with increasing school aid the same as the State.  But what I’m not fine with is going deeper and deeper into the taxpayer’s pockets and say they have to fund unreasonable benefits on the School Department’s side.  It is morally wrong and has to be stopped.  

2)  "The 2006 Taxpayer Bill of Rights" (by Mayor Larisa)

Mayor Larisa states a State law passed put in by Senator Paiva-Weed on control of property tax increases.  The trouble is it is too little and too slow.  We could take a huge step getting this under control and the outrageous School Department spending by approving the Charter amendment this Council unanimously put on the November ballot which says there’s not going to be anymore unreasonable contracts in the schools because the City Council will have the last say on it.  Also, we’ve got a State law that lowers the maximum a Council can receive in property tax increases to 4%, but that doesn’t happen until 2013.  We can’t wait until 2013 to put a cap on property tax relief.  It also has limits on what the School Committee can spend.  What I’ll propose at the next meeting is there is an ordinance on the docket tonight for a maximum tax.  That ordinance uses a 3 ½ % benchmark and says if you have 3 members of the Council that want to go up to 3 ½ %, you can do that.  It is less than the 5½ % that State law allows for right now.  If you want to go above that, you need unanimous Council approval.  We’re working on the next meeting for first passage is its still 3 members to get to 3 ½ %, but if you want to go over that it better be an emergency or a number of exception contained in State law like property values went way down, a major emergency requiring increased revenue because then you’ll need 4 votes, super majority.  And if there is no emergency and you want to go above 3 ½ % you need 5 votes for unanimous consent.  I call this the Taxpayer Protection Act of 2006.  You’ve seen it done in Rehoboth, Seekonk, and Portsmouth.  The taxpayers are upset and rightly so.  Something has to be done on the Council’s end to reign in the runaway spending. 

3)  “Where have all the flowers gone?” (by Councilman Midgley) – Deferred until next meeting.

D.  INTRODUCTION OF ORDINANCES  (If given First Passage, can be referred to the next regular Council Meeting to be held on September 19, 2006 for a public hearing and consideration of Final Passage).

1)  The following is an ordinance amendment regarding stop sign at Omega Way (eastbound traffic) at Roger Williams Avenue

SECTION I.  Sec. 18-269 entitled “Stop and yield intersections designated; when stops required.” is amended by adding thereto the following:

OMEGA WAY (eastbound traffic) at Roger Williams Avenue. (Requested by: Director of Public Works)

On motion of Councilman Midgley, seconded by Councilman Caine, it is unanimously voted to approve for First Passage.