Revision: Jan. 1, 2008, midnight
HB 1193-LOCAL – AS INTRODUCED
2008 SESSION
03/05
HOUSE BILL 1193-LOCAL
AN ACT relative to planning and zoning enforcement decisions.
SPONSORS: Rep. J. Day, Rock 13; Rep. Henson, Rock 13; Rep. T. Russell, Rock 13
COMMITTEE: Municipal and County Government
This bill requires that an official who elects not to enforce a planning and zoning violation report the decision to the governing body.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
08-2196
03/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT relative to planning and zoning enforcement decisions.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Planning and Zoning; Penalties and Remedies; Election Not to Enforce. Amend RSA 676 by inserting after section 17-b the following new section:
676:17-c Election Not to Enforce. If a building inspector, code enforcement officer, zoning administrator, or other official designated as an enforcement authority by ordinance or resolution of the local legislative body becomes aware of or receives a complaint alleging any violation of this title, any local ordinance, code, or regulation adopted under this title, or any provision or specification of an 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, and such official elects not to prosecute, issue a cease and desist order, or issue a local land use citation, such official shall report the election to the governing body. The report shall explain the nature of the violation suspected or alleged, the reasons for electing not to prosecute, issue a cease and desist order, or issue a local land use citation, and a copy of the written complaint received by the official, if any. Reports required by this section shall be public records subject to the provisions of RSA 91-A.
2 Effective Date. This act shall take effect 60 days after its passage.