SB460: relative to enforcement of zoning violations.

SB 460 - AS INTRODUCED

2020 SESSION

20-2874

11/06

SENATE BILL 460

AN ACT relative to enforcement of zoning violations.

SPONSORS: Sen. Birdsell, Dist 19; Sen. Sherman, Dist 24; Rep. O'Connor, Rock. 6; Rep. Milz, Rock. 6; Rep. Chirichiello, Rock. 6

COMMITTEE: Election Law and Municipal Affairs

ANALYSIS

This bill permits municipalities to attach a lien against certain real estate after a building inspector, code enforcement officer, zoning administrator, or other official designated as an enforcement authority issues a cease and desist order but before a district court judge enters a judgment sustaining or vacating the order.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20-2874

11/06

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty

AN ACT relative to enforcement of zoning violations.

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

1 Zoning and Planning; Penalties and Remedies; Cease and Desist Orders. Amend RSA 676:17-a, III to read as follows:

III.(a) Upon service of the order, the owner or the owner's agent, occupying tenant or the tenant's agent, or any other person who is engaged in development, construction, excavation, or other changes of the land or buildings on the land shall cease immediately such activities, if so provided in the order, until such time as judgment is rendered under paragraphs VI or VII. Failure to cease such activity shall constitute a separate violation of this title in addition to the violation cited in the order, unless such order is annulled as provided in paragraph VII.

(b) Upon service of the order, the local governing body may estimate the total cost to the municipality of taking corrective action to remediate the violation described in the cease and desist order, including expenses identified in paragraph IX, and place a lien against the real estate on which the violation occurred which shall continue until such time as the court enters final judgment sustaining or vacating the cease and desist order pursuant to paragraph VI or VII.

2 Effective Date. This act shall take effect 60 days after its passage.