12mar03... 0442h

04/24/03 1320s

2003 SESSION

03-0574

08/09

HOUSE BILL 434-LOCAL

COMMITTEE: Municipal and County Government

ANALYSIS

This bill allows municipalities to assess a fine on owners of property determined to be not in compliance with junk yard licensing laws.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

12mar03... 0442h

04/24/03 1320s

03-0574

08/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

Be it Enacted by the Senate and House of Representatives in General Court convened:

118:1 Junk Yards and Motor Vehicle Recycling Yards; Reference Added. Amend RSA 236:119 to read as follows:

236:119 Nuisance. Any junk yard or machinery junk yard located or maintained in violation of the provisions of this subdivision is hereby declared a nuisance, and the same may be abated on complaint of any prosecuting officer as provided in RSA 236:128.

118:2 Junk Yards and Motor Vehicle Recycling Yards; Local Enforcement; Civil Penalty Authority Added. RSA 236:128 is repealed and reenacted to read as follows:

236:128 Local Enforcement; Injunction; Civil Penalties. The governing body, elected or appointed officers or other appointed agents of a town, city, or unincorporated place, or a private person pursuant to RSA 236:129 may initiate proceedings for the enforcement of the provisions of this subdivision. In addition to the criminal penalty in RSA 236:127, enforcement may be by the following:

I. The local governing body may obtain a mandatory injunction to end the violation.

II. If the local governing body does not obtain such an injunction the attorney general may obtain an injunction in the name of the state.

III. The local governing body or other enforcement official of the town, city, or unincorporated place, after providing notice, may impose a civil penalty of up to $50 for each day upon any person whose land is deemed a nuisance pursuant to RSA 236:119 until such time as the nuisance is removed or abated to the satisfaction of the governing body, or until the owner of the land acquires a license and is in compliance with the provisions of this subdivision. The building inspector or other local official with the authority to enforce the provisions of this section may commence an action to collect the civil penalty in the district court. Imposition of a civil penalty under this paragraph shall not relieve the owner of any requirement to comply with the provisions of this subdivision, nor shall it preclude the imposition of further actions or remedies under this chapter. The proceeds from the assessment of civil penalties under this section shall be for the use of the town, city, or unincorporated place. This paragraph shall not apply to automotive recycling yards and junkyards properly licensed or pending license renewal under this subdivision.

118:3 Effective Date. This act shall take effect January 1, 2004.

(Approved: Enacted in accordance with Article 44, Part II, N.H. Constitution, without signature of the Governor, June 9, 2003)

(Effective Date: January 1, 2004)