SB175 (2015) Detail

Relative to the regulation of blighted property.


SB 175 - AS INTRODUCED

2015 SESSION

15-0891

06/03

SENATE BILL 175

AN ACT relative to the regulation of blighted property.

SPONSORS: Sen. Boutin, Dist 16; Sen. D'Allesandro, Dist 20; Sen. Fuller Clark, Dist 21; Sen.?Soucy, Dist 18; Sen. Watters, Dist 4; Rep. Chandler, Carr 1; Rep. Lachance, Hills 8

COMMITTEE: Public and Municipal Affairs

ANALYSIS

This bill authorizes municipalities to enact ordinances that address blighted property.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

15-0891

06/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Fifteen

AN ACT relative to the regulation of blighted property.

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

1 New Subdivision; Blighted Property. Amend RSA 674 by inserting after section 66 the following new subdivision:

Blighted Property

674:67 Blighted Property.

I. Towns shall have the power to make bylaws relating to the prevention and remediation of housing blight, including regulations reducing assessments and authorizing designated agents of the municipality to enter property during reasonable hours for the purpose of remediating blighted conditions, provided such regulations define housing blight and require such municipality to give written notice of any violation to the owner and occupant of the property and provide a reasonable time for the owner and occupant to remediate the blighted conditions prior to any enforcement action being taken, and include regulations establishing a duty to maintain property and specifying standards.

II.(a) Except as provided in subparagraph (b), any person who willfully violates any regulation adopted under paragraph I shall be guilty of a violation and subject to a fine not more than $250 for each day for which it can be shown, based on actual inspection of the property on each such day, that the blighted conditions continued to exist after written notice to the owner or occupant, and the expiration of a reasonable time to remediate. Any violation of this section may be enforced in accordance with RSA 676:15, RSA 676:17, or RSA 676:17-b, or any other enforcement procedure authorized by law. Any unpaid fine under this subparagraph or unpaid cost of remediating blighted conditions under paragraph I shall constitute a lien upon the real estate against which the fine or cost was imposed or incurred. Each such lien may be levied and collected in the same manner as provided in RSA 80 for tax liens.

(b) Any new owner or new occupant shall, upon request, be granted a 30-day extension of the notice and opportunity to remediate provided pursuant to subparagraph (a). For the purposes of this section, “new owner” means any person or entity who takes title to a property within 30 days of the notice, and “new occupant” means any person who takes occupancy of a property within 30 days of the notice.

2 Effective Date. This act shall take effect upon its passage.