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RSA 236:128 · Local Enforcement; Injunction; Civil Penalties

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:

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I.

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

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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.

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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. Source. RSA 267-A:16. 1965, 372:1. 1981, 87:1. 1985, 103:16. 2003, 118:2, eff. Jan. 1, 2004.

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Source note

Source. RSA 267-A:16. 1965, 372:1. 1981, 87:1. 1985, 103:16. 2003, 118:2, eff. Jan. 1, 2004.

Source history

  • 1965, 372:1
  • 1981, 87:1
  • 1985, 103:16
  • 2003, 118:2, eff. Jan. 1, 2004
  • RSA 267-A:16

Related materials

Bill relationships

  • 2026 SB628 amend

    ging. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Subdivision; Curbside Electric Charging in the Public Right-of-Way. Amend RSA 236 by inserting after section 134 the following new subdivision: Curbside Electric Charging in the Public Right-of-Way 236:135 Definitions. In this subdivision: I. "Curbside electric vehicle charging device" or "curbsi

  • 2026 SB628-FN amend

    ging. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Subdivision; Curbside Electric Charging in the Public Right-of-Way. Amend RSA 236 by inserting after section 134 the following new subdivision: Curbside Electric Charging in the Public Right-of-Way 236:135 Definitions. In this subdivision: I. "Curbside electric vehicle charging device" or "curbsi

  • 2025 HB2 reference

    . To meet the requirements of paragraph III, the department of environmental services shall complete the review for any permit, approval, or written authorization required pursuant to RSA 482-A, RSA 485-A, and RSA 236. The department of environmental services shall adopt rules under RSA 541-A to implement the review process and establish a fee schedule for any requested reviews. Such rulemaking shall commence within 90 days

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