Revision: Jan. 12, 2009, midnight
HB 86 – AS INTRODUCED
2009 SESSION
10/03
HOUSE BILL 86
AN ACT allowing municipalities to impose administrative fines for violations of ordinances.
COMMITTEE: Municipal and County Government
This bill allow municipalities to enforce violations of ordinances by the imposition of an administrative fine in lieu of prosecution in a court.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
09-0107
10/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT allowing municipalities to impose administrative fines for violations of ordinances.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Powers of Towns; Ordinances; Administrative Fines. RSA 31:39, III is repealed and reenacted to read as follows:
III. Towns may enforce bylaws and ordinances by imposing administrative fines, after notice and hearing, not to exceed $1,000 for each offense upon any person who violates any provision of a town bylaw or ordinance. The proceeds of any administrative fine levied pursuant to this paragraph shall be retained for the general use of the town. The governing body of the town shall adopt suitable rules and procedures relative to:
(a) A schedule of administrative fines which may be imposed;
(b) Procedures for notice and hearing prior to imposition of an administrative fine; and
(c) Procedures for rehearings and appeals to the governing body.
2 Planning and Zoning; Fines and Penalties. Amend RSA 676:17 to read as follows:
676:17 Fines and Penalties; Second Offense.
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 shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person; and either in addition to or in lieu of criminal prosecution, shall be subject to a civil penalty of $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 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.
III. If any violation of a local ordinance, code, or regulation, or any violation of a planning board, zoning board of adjustment, or building code board of appeals decision, results in the expenditure of public funds by a municipality which are not reimbursed under paragraph II, the court in its discretion may order, as an additional civil penalty, that a violator make restitution to the municipality for such funds so expended.
IV. The superior court may, upon a petition filed by a municipality and after notice and a preliminary hearing as in the case of prejudgment attachments under RSA 511-A, require an alleged violator to post a bond with the court to secure payment of any penalty or remedy or the performance of any injunctive relief which may be ordered or both. At the hearing, the burden shall be on the municipality to show that there is a strong likelihood that it will prevail on the merits, that the penalties or remedies sought are reasonably likely to be awarded by the court in an amount consistent with the bond sought, and that the bond represents the amount of the projected expense of compliance with the injunctive relief sought.
V. The building inspector or other local official with the authority to enforce the provisions of this title or any local ordinance, code, or regulation adopted under this title may commence an action under paragraph I either in the district court pursuant to RSA 502-A:11-a, or in the superior court. The prosecuting official in the official’s discretion may, prior to or at the time of arraignment, charge the offense as a violation, and in such cases the penalties to be imposed by the court shall be limited to those provided for a violation under RSA 651:2 and the civil penalty provided in [subparagraph I(b)] paragraph I of this section.
VI. The provisions of this section shall supersede any inconsistent local penalty provision.
3 Reference Corrected; Cease and Desist Orders. Amend RSA 676:17-a, XI to read as follows:
XI. The remedy provided in this section is supplementary to other enforcement remedies provided by this chapter or local ordinance. At the discretion of the local enforcement official, an action to enforce a cease and desist order under this section may be joined with an action under RSA 676:17, I, and the cease and desist order shall constitute the written notice under RSA 676:17, [I(b)] I.
4 Reference Corrected; Pleas by Mail. Amend RSA 676:17-b, II(h) to read as follows:
(h) The amount of the civil penalty as set forth in RSA 676:17, [I(b)] I, which is payable by the offender for each day the violation continued subsequent to such written notice, up to a maximum of 5 days’ violation charged in one citation.
5 Effective Date. This act shall take effect January 1, 2010.