CHAPTER 242
HB 713-FN – FINAL VERSION
07Jan2004… 2541h
04/22/04 1190s
25May2004… 1571CofC
25May2004… 1686eba
2004 SESSION
06/09
HOUSE BILL 713-FN
AN ACT relative to the penalty for violating a zoning ordinance and relative to residences in industrial or commercial zones.
COMMITTEE: Municipal and County Government
This bill establishes a higher civil penalty for second and subsequent violations of a zoning ordinance and provides that a prevailing municipality shall recover the costs and attorney’s fees it incurred in pursuing the violation.
This bill also repeals the law requiring assessing officials to file with the register of deeds a list of residences located in an industrial or commercial zone which are eligible for special appraisal.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
07Jan2004… 2541h
04/22/04 1190s
25May2004… 1571CofC
25May2004… 1686eba
03-0969
06/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Four
AN ACT relative to the penalty for violating a zoning ordinance and relative to residences in industrial or commercial zones.
Be it Enacted by the Senate and House of Representatives in General Court convened:
242:1 Fines and Penalties; Second Offense. Amend RSA 676:17, I and II to read as follows:
I. Any person who violates any of the provisions of this title, or any local ordinance, code, or regulation adopted under this title, or any provision or specification of any application, plat, or plan approved by, or any requirement or condition of a permit or decision issued by, any local administrator or land use board acting under the authority of this title[:
(a)] shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person[.]; and
[(b)] shall be subject to a civil penalty not to exceed $275 for the first offense and $550 for subsequent offenses for each day that such violation is found to continue after the conviction date or after the date on which the violator receives written notice from the municipality that the violator is in violation, whichever is earlier.
II. In any legal action brought by a municipality to enforce, by way of injunctive relief as provided by RSA 676:15 or otherwise, any local ordinance, code or regulation adopted under this title, or to enforce any planning board, zoning board of adjustment or building code board of appeals decision made pursuant to this title, or to seek the payment of any fine levied under paragraph I, the municipality [may] shall recover its costs and reasonable attorney's fees actually expended in pursuing the legal action if it is found to be a prevailing party in the action. For the purposes of this paragraph, recoverable costs shall include all out-of-pocket expenses actually incurred, including but not limited to, inspection fees, expert fees and investigatory expenses.
242:2 Repeal. RSA 75:11, V, requiring assessing officials to file with the register of deeds a list of residences located in an industrial or commercial zone which are eligible for special appraisal, is repealed.
242:3 Effective Date.
I. Section 1 of this act shall take effect January 1, 2005.
II. The remainder of this act shall take effect upon its passage.
(Approved: June 15, 2004)
(Effective Date: I. Section 1 shall take effect January 1, 2005.
II. Remainder shall take effect June 15, 2004.)