Text to be removed highlighted in red.
1 New Paragraph; Sewers; Bylaws and Ordinances. Amend RSA 149-I:6 by inserting after paragraph I-a the following new paragraph:
I-b. Any ordinances or bylaws adopted pursuant to this section may include a schedule of penalties for violations of the requirements adopted to ensure the proper maintenance and operation of the sewage system, stormwater system, or stormwater utility, as applicable. Any penalty so established shall constitute the civil penalty under paragraph II and shall be enforceable in the same manner. Any such penalty may be in any amount up to the maximum stated in paragraph II.
2 Sewers; Bylaws and Ordinances. Amend RSA 149-I:6, II to read as follows:
II. Any person who violates any ordinance or bylaw adopted pursuant to paragraph I or I-a of this section shall be subject to a civil penalty not to exceed $10,000 per day of such violation. Each day a violation continues shall be a separate offense. In addition, the municipality may petition the court for any appropriate action to prevent, enjoin, abate, or remove the violation.
3 New Paragraphs; Sewers; Bylaws and Ordinances. Amend RSA 149-I:6 by inserting after paragraph III the following new paragraphs:
IV. In any action brought by a municipality for injunctive relief or recovery of civil penalties under paragraph II in which the municipality prevails, the court shall award to the municipality its costs and reasonable attorney fees actually expended in pursuing the action, to be paid by the violator. 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.
V. If any violation of a local ordinance or bylaw under paragraph I or I-a results in the expenditure of public funds by a municipality which are not reimbursed under paragraph IV, the court in its discretion may order, as an additional civil penalty, that a violator make restitution to the municipality for the funds expended.
4 Effective Date. This act shall take effect January 1, 2018.
Text to be added highlighted in green.
1 New Paragraph; Sewers; Bylaws and Ordinances. Amend RSA 149-I:6 by inserting after paragraph I-a the following new paragraph:
I-b. Any ordinances or bylaws adopted pursuant to this section may include a schedule of penalties for violations of the requirements adopted to ensure the proper maintenance and operation of the sewage system, stormwater system, or stormwater utility, as applicable. Any penalty so established shall constitute the civil penalty under paragraph II and shall be enforceable in the same manner. Any such penalty may be in any amount up to the maximum stated in paragraph II.
2 Sewers; Bylaws and Ordinances. Amend RSA 149-I:6, II to read as follows:
II. Any person who violates any ordinance or bylaw adopted pursuant to paragraph I or I-a of this section shall be subject to a civil penalty not to exceed $10,000 per day of such violation. Each day a violation continues shall be a separate offense. In addition, the municipality may petition the court for any appropriate action to prevent, enjoin, abate, or remove the violation.
3 New Paragraphs; Sewers; Bylaws and Ordinances. Amend RSA 149-I:6 by inserting after paragraph III the following new paragraphs:
IV. In any action brought by a municipality for injunctive relief or recovery of civil penalties under paragraph II in which the municipality prevails, the court shall award to the municipality its costs and reasonable attorney fees actually expended in pursuing the action, to be paid by the violator. 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.
V. If any violation of a local ordinance or bylaw under paragraph I or I-a results in the expenditure of public funds by a municipality which are not reimbursed under paragraph IV, the court in its discretion may order, as an additional civil penalty, that a violator make restitution to the municipality for the funds expended.
4 Effective Date. This act shall take effect January 1, 2018.