A Public Hearing on the following proposed Ordinances will be held before the Ordinance Committee on Thursday, March 16, 2023 at 6:30 p.m. in the City Council Chambers, City Hall, 869 Park Avenue, City Hall, Cranston, R.I. pursuant to Section 3.12 of the Charter, in accordance with the RI General Laws Chapter 45-24-53 for the purpose of considering the following items listed on the agenda. Remote participation is also available by using the logon information provided below as posted on the City’s website at www.cranstonri.gov and Secretary of State’s website at www.sos.ri.gov.
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Complete copies of proposed Ordinances are available for public review at the City Clerk’s Office, and the Cranston Central Library and the City’s website cranstonri.com under calendar by clicking on the meeting date.
“Individuals requesting interpreter services for the dear or hard of hearing must notify the City Clerk’s Office at 461-1000 ext. 3197 seventy-two (72) hours in advance of the hearing date.”
Lammis J. Vargas
Ordinance Committee Chair
Rosalba Zanni
Acting City Clerk
PROPOSED ORD. NO. 2-23-03 IN AMENDMENT OF CHAPTER 15 OF THE CODE OF THE CITY OF CRANSTON, 2005, ENTITLED “BUILDINGS AND CONSTRUCTION” (Poles Relocation)
It is Ordained by the City of Cranston City Council as follows:
Section 1. Chapter 15, Section 15 (Electricity Poles and Wires) is hereby amended by adding the following:
.090 Relocation of Existing Poles
Upon a reasonable demonstration to the Council by an existing property owner that an existing pole interferes with any existing or permitted means of ingress and egress to the owner’s property, which shall include walkways to a door and driveways, a formal request, made by the appropriate department of the City, shall be made of the utility responsible for the pole to move such pole.
091 Enforcement
Failure of the utility to provide a relocation plan to the Public Works Committee of the Council, to include a date on which the pole will be relocated, within sixty (60) days of the Council finding such relocation reasonable shall subject the utility to a fine of two hundred-fifty ($250) dollars for every day of non-compliance. An inspector in the building department shall be charged with issuing fines and the Cranston Municipal Court shall have authority to adjudicate all enforcement actions in relation thereto.
Section 2. This ordinance shall take effect upon its final adoption.
Sponsored by Councilman Donegan
PROPOSED ORD. NO. 2-23-04 IN AMENDMENT OF CHAPTER 15 OF THE CODE OF THE CITY OF CRANSTON, 2005, ENTITLED “BUILDINGS AND CONSTRUCTION” (Lead Safe Homes)
It is Ordained by the City of Cranston City Council as follows:
Section 1. Chapter 15, Section 12 (Housing Standards) is hereby amended by adding the following:
Article XII
Lead Safe Homes
780 Definitions:
“Owner” shall mean any person, agent, operator, firm or corporation having a legal or equitable interest in the property, or recorded in the official records of the state, county, or city as holding title to the property.
“Certification” shall mean certifications issued pursuant to the Rhode Island Lead Hazard Mitigation Act, such as a Certificate of Conformance, a Conditional Lead Safe Certificate, or a Full Lead Safe Certificate.
“Property” shall mean any residential property within the City of Cranston.
781 Certification Required
The owner of any property which is subject to provisions of the R.I. Gen. Laws § 42-128.1-1 et seq., entitled Lead Hazard Mitigation, shall record a copy of any required certification with the Cranston Department of Building Inspections. Failure to submit the certification shall result in a penalty of two hundred and fifty dollars ($250) paid to the City of Cranston. If the violation is not corrected within sixty (60) days, the fine shall increase by two-hundred and fifty dollars ($250), and subsequently increase by two-hundred and fifty ($250) for every sixty days (60) in which the violation exists.
782 Enforcement and Adjudication
This ordinance shall be enforced by the Cranston Department of Building Inspections. Any owner aggrieved by the imposition of a violation or the imposition of fines under this Article has a right of appeal to the Cranston Municipal Court, which shall have the authority over all actions brought under this Article.
Section 2. This ordinance shall take effect upon its final adoption.
Sponsored by Councilman Donegan
Co-sponsored by Councilwoman Germain
PROPOSED ORD. NO. 2-23-05 IN AMENDMENT OF TITLE 9 CHAPTER 9.08.061 OF THE CODE OF THE CITY OF CRANSTON, 2005, ENTITLED ‘PUBLIC PEACE, MORALS AND WELFARE -REMOVAL AND PRUNING OF TREES’
It is ordained by the City Council of the City of Cranston as follows:
Section 1. Title 9 Chapter 9.08.061 is hereby amended by adding the following:
9.08.061 Removal and pruning of trees
Whenever, in the opinion of the tree warden, it is necessary to remove or prune any tree or shrub under his or her control, he or she may cause the tree or shrub to be removed or pruned at the expense of the city, and the Cranston city council shall order paid to the person performing the work any reasonable compensation that may be determined and approved, in writing, by the tree warden. For any tree removed, the City shall plant a new tree of native species, and shall attempt to do so as close to the location of the previous tree as possible.
Section 2. This ordinance shall take effect upon its final adoption.
Sponsored by Councilman Donegan, Council Vice President Vargas and Council President Marino
PROPOSED ORD. NO. 2-23-06 IN AMENDMENT OF TITLE 9 CHAPTER 9.08.062 OF THE CODE OF THE CITY OF CRANSTON, 2013, ENTITLED “PUBLIC PEACE, MORALS AND WELFARE - NOTICE REQUIREMENTS FOR REMOVAL AND PRUNING OF TREES’
It is ordained by the City Council of the City of Cranston as follows:
Section 1. Title 9 Chapter 9.08.062 is hereby amended by adding the following:
9.08.062 Notice requirements for removal and pruning of trees
Unless the tree or shrub constitutes an imminent public hazard, the tree warden shall give ten (10) days' notice of the removal or pruning of trees located on public rights of way. Notice shall be posted in the immediate vicinity of the tree or shrub to be removed or pruned. Notice on the tree should indicate the date of notice, the date, time and location of public hearing and the city’s tree warden telephone number and email. If any person, firm, or corporation objects to the removal or pruning of the tree or shrub, he or she may appeal to the tree warden, in writing. The tree warden shall hold a public hearing and give reasonable notice to all those persons who are known to be of interest and suitable notice of said meeting must be posted in the immediate vicinity. Within three seven days of the hearing, the tree warden shall render his or her decision granting or denying the appeal and notify persons who are known to be of interest and provide Cranston City Council members with a list of the city trees to be removed, the location of the tree, and reasoning for the final decision at the next Cranston City Council Public Works Committee meeting.
Nothing in this section shall be construed to relieve the property owner of the responsibility to maintain trees on his or her property.
Nor shall this section be construed to change or otherwise designate the area of the city's responsibility for tree maintenance.
Section 2. This ordinance shall take effect upon its final adoption.
Sponsored by Council Vice-President Vargas, Councilman Donegan, and Council President Marino
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