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CHAPTER 48-AHOUSING STANDARDS
Section 48-A:1
48-A:1 Definitions. – The following terms, wherever used or referred to in this chapter, shall have the following respective meanings, unless a different meaning clearly appears from the context: I. ""Municipality'' shall mean any city or town in this state. II. ""Governing body'' shall mean, in a city, that governing body which is designated as such by the charter of the particular city; in a town, the town meeting. III. ""Dwelling''
shall mean any building, structure, trailer, mobile-home or camp or part thereof, used and occupied for human habitation or intended to be so used and includes any appurtenances belonging thereto or usually enjoyed therewith. IV. ""Public agency'' shall be a board, department, officer, or employee of a municipality, designated by ordinance, code or bylaw to exercise the powers and perform the duties conferred upon it by this chapter.
Source. 1959, 293:1. 1965, 341:1, eff. Aug. 7, 1965.
Section 48-A:2
48-A:2 Grant of Power. – Whenever the governing body of any municipality finds that there exists in such municipality dwellings which are unfit for human habitation due to dilapidation, dangerous defects which are likely to result in fire, accidents, or other calamities, unhealthful lack of ventilation or sanitary facilities, or due to other unhealthy or hazardous or dilapidated conditions, including those set forth in RSA 48-A:7, power is hereby conferred upon such municipality to adopt ordinances, codes, or bylaws to
cause the repair, closing, or demolition or removal of such dwellings in the manner provided in this chapter. Any municipality which adopts such a code or ordinance which has provisions for appeal, pursuant to this chapter, shall be exempt from any provisions of RSA 48-A which are in conflict with the adopted ordinance.
Source. 1959, 293:1. 1989, 89:1, eff. June 30, 1989.
Section 48-A:3
48-A:3 Provisions of Ordinances, Codes and Bylaws. – Such ordinances, codes and bylaws shall include the following provisions: I. That a public agency is established, consisting of such one of the following as the governing body, at its option; shall expressly provide in such ordinance, code, or bylaw: (a) A board consisting of at least 3 members 2 of whom shall be the head of the municipal health department, and the head of the municipal fire department, if such
offices exist, and such other incumbents of municipal offices or positions as such ordinance, code, or bylaw shall prescribe. Selectmen, and city and town managers, and members of the governing bodies of cities shall be ineligible for membership on such board. No person shall serve concurrently as a member of such board and as a member of the appointing authority. (b) A minimum housing standards enforcement officer, under such title as the governing body shall prescribe, who shall be qualified by training or experience to interpret, administer, and enforce the provisions of such ordinance, code or bylaw, which shall be his principal duty and responsibility. (c) Any other qualified department, officer or employee of the municipality as the governing body shall designate, other than an elected officeholder, city or town manager, or member of the housing board of appeals hereinafter provided; the department,
officer or employee so designated may perform the duties of the public agency in addition to his other duties, with or without additional compensation, as the governing body shall determine. II. That whenever a petition is filed with the public agency by at least 10 residents of the municipality charging that any dwelling is unfit for human habitation or whenever it appears to the public agency by inspection that any dwelling is unfit for human habitation, it shall, if preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner, every mortgagee of record and all parties in interest in such dwelling (including persons in possession) a complaint stating the charges in that respect. If the person to be served resides outside the state, service may be made upon him by registered mail; and if there are any unascertained persons having an interest in said dwelling, notice may be given them by publication in a newspaper
having general circulation in the municipality, such publication to be at least 10 days before the date set for the hearing. Such complaint shall contain a notice that a hearing will be held before the public agency at a place therein fixed not less than 10 days nor more than 30 days after the serving of said complaint; that the owner, mortgagee and parties in interest shall be given the right to file an answer to the complaint and to appear in person, or otherwise, and give testimony at the place and time fixed in the complaint; and that the rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before such public agency. III. That if, after such notice and hearing, the public agency determines according to the standards of the ordinance, code or bylaw that the dwelling under consideration is unfit for human habitation it shall state in writing its findings of fact in support of such determination and shall issue and cause to
be served upon the owner thereof an order which, if the repair, alteration or improvement of the said dwelling can be made at a reasonable cost in relation to the value of the dwelling and the ability of the owner to assume such cost, requires the owner, within the time specified in the order, to repair, alter, or improve such dwelling to render it fit for human habitation or to vacate and close the dwelling as a human habitation; or if the repair, alteration or improvement of the said dwelling cannot be made at a reasonable cost in relation to the value of the dwelling and the ability of the owner to assume such cost, requires the owner, within the time specified in the order, to remove or demolish such dwelling. IV. If an owner is aggrieved by an order of the public agency made pursuant to paragraph III hereof, he may appeal to the city council or mayor and board of aldermen in the case of cities, or to the board of selectmen in the case of towns. Said city
council or mayor and board of aldermen or board of selectmen shall hold a public hearing upon said appeal, due notice of said hearing having first been given to the public agency and to the owner. The city council or mayor and board of aldermen or board of selectmen may affirm or revoke the order of the public agency, or they may modify the same in accordance with their findings. If they shall affirm or modify such order, the public agency shall proceed to enforce said order as affirmed or so modified, in the manner prescribed in RSA 48-A:4. If the city council or mayor and board of aldermen or board of selectmen shall revoke said order, the proceedings shall be terminated.
Source. 1959, 293:1. 1965, 341:2. 1969, 175:1, eff. May 28, 1969.
Section 48-A:4
48-A:4 Procedure for Enforcement. – If the owner fails to comply with an order, made pursuant to the provisions of RSA 48-A:3, to repair, alter, improve or to vacate and close the dwelling, or to remove or demolish the dwelling, the public agency may file a petition in the superior court in which it shall set forth the charges issued pursuant to RSA 48-A:3, II, as well as any other allegations bearing upon the unfitness of the dwelling for human habitation. The court shall thereupon direct notice to be given all parties
having an interest in said dwelling, including mortgagees and persons in possession thereof. Such notice shall be given, where practicable, by personal service, except that if the person to be served resides outside the state, service may be made upon him by registered mail; and if there are any unascertained persons having an interest in said dwelling, notice may be given them by publication of the petition in a newspaper having general circulation in the municipality, such publication to be at least 10 days before the date set for the hearing. The court shall set a date for hearing such charges and additional allegations. Upon hearing, the matter shall be treated as de novo, and the court shall hear such pertinent evidence concerning the fitness of the dwelling for human habitation as may be relevant.
Source. 1959, 293:1. 1969, 175:3, eff. May 28, 1969.
Section 48-A:5
48-A:5 Order of the Court. – The court shall as soon as practicable issue its order upon said petition; and if the court finds the dwelling complained against is unfit for human habitation due to any of the causes or conditions enumerated in RSA 48-A:2, such order shall direct the public agency to repair, alter, or improve such dwelling to render it fit for human habitation if such repair, alteration or improvement can be made at a reasonable cost in relation to the value of the dwelling and the ability of the owner to
assume such cost; or if the repair, alteration or improvement of said dwelling cannot be made at a reasonable cost in relation to the value of the dwelling and the ability of the owner to assume such cost, to remove or demolish such dwelling. If the court shall find in favor of the owner, it shall award to him his reasonable costs and expenses, including counsel fees, all as determined by the court, incurred by him in his defense of the action in the superior court.
Source. 1959, 293:1, eff. Nov. 16, 1959.
Section 48-A:6
48-A:6 Lien. – Whenever the public agency shall incur cost for the repair, alteration, improvement, vacating or closing, or for the removal or demolition of a dwelling, pursuant to an order of the superior court, the amount of such costs shall be a lien against the real property as to which such cost was incurred and such lien, including as part thereof upon allowance of his costs and necessary attorneys' fees, may be foreclosed upon order of the superior court made pursuant to a petition for that purpose filed in said
court. Such lien shall be subordinate to mortgages of record made before the institution of proceedings under this chapter. Notice of said lien shall be filed with the register of deeds for the county in which the real estate is situated, and shall be recorded by him. If the dwelling is demolished by the public agency, he shall sell the materials of such dwelling and pay the proceeds of such sale over to the superior court, for distribution to such persons as the court shall find entitled thereto.
Source. 1959, 293:1 eff. Nov. 16, 1959.
Section 48-A:7
48-A:7 Standards for Public Agency. – An ordinance, code or bylaw adopted by a municipality pursuant hereto shall provide that the public agency may determine that a dwelling is unfit for human habitation if he finds that conditions exist in such dwelling which are unusually, abnormally, or unreasonably dangerous or injurious to the health or safety of the occupants of such dwelling, the occupants of neighboring dwellings or other residents of such municipality. Such conditions may include the following: Defects which
increase beyond normal the hazards of fire, accident, or other calamities; lack of reasonable adequate ventilation, light, or sanitary facilities; dilapidation; disrepair, dangerous structural defects; uncleanliness; over-crowding; inadequate ingress and egress; inadequate drainage; or any violation of other health, fire or safety regulations.
Source. 1959, 293:1, eff. Nov. 16, 1959.
Section 48-A:8
48-A:8 Additional Provisions of Ordinances, Codes, or Bylaws. – An ordinance, code or bylaw adopted by the governing body of the municipality may authorize the public agency and its delegated officers to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this chapter including the following powers in addition to others herein granted: I. To investigate the dwelling conditions in the municipality in order to determine which dwellings therein
are unfit for human habitation; II. To administer affirmations, examine witnesses and receive evidence; III. To enter upon premises for the purpose of making examinations, provided that such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession, and to obtain an administrative inspection warrant under RSA 595-B for this purpose from a court of competent jurisdiction in the event entry is denied or resisted; IV. To appoint and fix the duties of such officers, agents and employees as deemed necessary to carry out the purposes of such ordinance, code or bylaw; and V. To delegate any of its functions under such ordinance to such officers as it may designate.
Source. 1959, 293:1. 1991, 231:2, eff. Aug. 9, 1991.
Section 48-A:9
48-A:9 No Abrogation of Other Powers of Municipalities. – Nothing herein shall be construed to abrogate or impair the powers of the courts or of any governing body, city council, or department of any municipality to enforce any provisions of its charter or its ordinances or regulations nor to prevent or punish violations thereof; and the powers conferred by this chapter shall be in addition and supplemental to the powers conferred by any other law.
Source. 1959, 293:1, eff. Nov. 16, 1959.
Section 48-A:10
48-A:10 No Abrogation of Powers of Municipalities as to Nuisances. – Nothing in this chapter shall be construed to impair or limit in any way the power of the municipality to define and declare nuisances and to cause their removal or abatement, by summary proceedings or otherwise.
Source. 1959, 293:1, eff. Nov. 16, 1959.
Section 48-A:11
48-A:11 Minimum Standards; Barring the Use or Occupancy; Violations and Punishment. – Any municipality may (by ordinance adopted by its governing body): I. Prescribe minimum standards for the use and occupancy of dwellings throughout the municipality; II. Prevent the use or occupancy of any dwelling which is injurious to the public health, safety, or welfare.
Source. 1959, 293:1, eff. Nov. 16, 1959.
Section 48-A:12
48-A:12 Exceptions. – An ordinance, code or bylaw adopted pursuant to the authority of this chapter may provide that any dwelling, building or structure situated within an historic district that is established under RSA 31:89-b, or within such other classes of dwellings, building or structure as the governing body shall determine to have special significance to the public interest and shall expressly define in such ordinance, code or bylaw, may be approved by the board of aldermen as a special exception, after public
hearing, and the provisions of such ordinance, code or bylaw may be waived in their application to such dwelling, building or structure, in whole or in part or otherwise so modified as the housing board of appeals may determine.
Source. 1959, 293:1. 1965, 341:3, eff. Aug. 7, 1965.
Section 48-A:13
48-A:13 Conflicting Provisions. – Whenever the regulations made under the authority hereof differ from those prescribed by any statute, ordinance or other regulation, that provision which imposes the higher standard shall govern.
Source. 1965, 341:4, eff. Aug. 7, 1965.
Section 48-A:14
48-A:14 Minimum Standards Established. – No landlord, as defined by RSA 540-A:1, I, renting or leasing a residential dwelling in a municipality which has not adopted ordinances, codes or bylaws pursuant to this chapter shall maintain those rented premises in a condition in which: I. The premises are infested by insects and rodents where the landlord is not conducting a periodic inspection and eradication program; II. There is defective internal plumbing or a back-up of sewage caused
by a faulty septic or sewage system; III. There are exposed wires, improper connectors, defective switches or outlets or other conditions which create a danger of electrical shock or fire; IV. The roof or walls leak consistently; V. The plaster is falling or has fallen from the walls or ceilings; VI. The floors, walls or ceilings contain substantial holes that seriously reduce their function or render them dangerous to the inhabitants; VII. The porches, stairs or railings are not structurally sound; VIII. There is an accumulation of garbage or rubbish in common areas resulting from the failure of the landlord to remove or provide a sufficient number of receptacles for storage prior to removal unless the tenant has agreed to be responsible for removal under the rental agreement and the landlord has removed all garbage at the beginning of the tenancy;
IX. There is an inadequate supply of water or whatever equipment that is available to heat water is not properly operating; X. There are leaks in any gas lines or leaks or defective pilot lights in any appliances furnished by the landlord; or XI. The premises do not have heating facilities that are properly installed, safely maintained and in good working condition, or are not capable of safely and adequately heating all habitable rooms, bathrooms and toilet rooms located therein, to a temperature of at least an average of 65 degrees F.; or, when the landlord supplies heat in consideration for the rent, the premises are not actually maintained at a minimum average room temperature of 65 degrees F. in all habitable rooms.
Source. 1979, 305:7, eff. Aug. 21, 1979.
Section 48-A:15
48-A:15 Enforcement of Minimum Standards. – In municipalities which have not established a public agency as described in RSA 48-A:3, a violation of the minimum standards set forth in RSA 48-A:14 shall be a violation, and each continuing day of violation after notice shall be a separate offense.
Source. 2001, 274:4, eff. Jan. 1, 2002.
New Hampshire State Statute
TITLE XPUBLIC HEALTH
CHAPTER 147NUISANCES; TOILETS; DRAINS; EXPECTORATION; RUBBISH AND WASTE
Section 147:1
147:1 Local Regulations. – I. The health officers of towns may make regulations for the prevention and removal of nuisances, and such other regulations relating to the public health as in their judgment the health and safety of the people require, which shall take effect when approved by the selectmen, recorded by the town clerk, and published in some newspaper printed in the town, or when copies thereof have been posted in 2 or more public places in the town. II. The health officers
of towns may make regulations relative to the sanitary and health conditions for issuing a license to restaurants or other food serving establishments operating within the town limits, subject to the approval of the commissioner of the department of health and human services. (a) Notwithstanding any other law to the contrary or other licensing authority, any restaurant or other food serving establishment found to be in violation of the sanitary and health code adopted may be closed without a hearing for a 10-day period or until the violation is corrected and the sanitary condition is approved by the local health officer. (b) If the sanitary or health violations are not corrected within the 10-day period, the local health officer may suspend the license to operate the restaurant or other food serving establishment after notice and hearing. III. Any person wilfully violating such regulations
shall be guilty of a violation. Such health officers shall forward, when issued, copies of all regulations made by them to the department of health and human services and furnish it such information concerning their work as may be requested. They shall be paid by the town a reasonable compensation for their services and all expenses incurred by them in the performance of their duty; and the selectmen are required to advance them such sums as may be necessary, of which and of all their receipts and disbursements they shall, before each annual town meeting, render an account to the selectmen, to be laid before the town.
Source. RS 119:1. CS 125:1. GS 101:1. GL 111:1. 1887, 62:4. PS 108:1. PL 140:1, 22, 23. RL 165:1. RSA 147:1. 1981, 211:2. 1983, 291:1, I. 1995, 310:181, 182, eff. Nov. 1, 1995.
Section 147:2
147:2 Rulemaking; Enforcement. – The commissioner of the department of health and human services shall, in addition to the rules and ordinances of the health officers of towns, adopt other rules pursuant to RSA 541-A, as in the commissioner's judgment the public good requires, and the rules shall be enforced by the department of health and human services and local boards of health. The department of health and human services may also enforce, concurrently with towns, the other provisions of this chapter.
Source. 1885, 14:2. PS 108:2. PL 140:2. 1931, 132:1. RL 165:2. RSA 147:2. 1983, 291:1, I. 1985, 190:80. 1991, 355:39. 1995, 310:181, 182. 1998, 318:4, eff. Aug. 25, 1998.
Section 147:3
147:3 Investigations and Complaints. – Health officers of towns, and each of them, shall inquire into all nuisances and other causes of danger to the public health, and for the purpose of such investigations, or whenever they shall know or have cause to suspect that any nuisance or other thing injurious to the public health is in any building, vessel, or enclosure they may obtain an administrative inspection warrant under RSA 595-B, including authority to forcibly enter therein and make such search, pursuant to RSA
595-B:5.
Source. RS 119:2. CS 125:2. GS 101:2. GL 111:2. PS 108:3. PL 140:3. RL 165:3. RSA 147:3. 1991, 231:4, eff. Aug. 9, 1991.
Section 147:4
147:4 Removal, Notice. – The health officers may notify the owner or occupant of any building, vessel, premises, or property to remove or destroy any nuisance or other thing therein deemed by them, on examination, to be injurious to the public health, within a time limited; and in case the owner or occupant, after such notice in writing, given to the owner or occupant or left at the owner's or occupant's abode, shall neglect to comply with the order, the health officers may forcibly enter and cause the nuisance or other
thing to be removed or destroyed.
Source. RS 119:3. CS 125:3. GS 101:3. GL 111:3. PS 108:4. PL 140:4. 1935, 29:1. RL 165:4. 1998, 318:5, eff. Aug. 25, 1998.
Section 147:5
147:5 Assistants; Resistance. – They may employ such assistants and laborers as may be necessary, and if resisted shall have the same powers as sheriffs have to command assistance; and any person wilfully resisting them or their assistants or laborers, in making the search or removing the nuisance or other thing, shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
Source. RS 119:4. CS 125:4. GS 101:4. GL 111:4. PS 108:5. PL 140:5. RL 165:5. RSA 147:5. 1973, 528:57, eff. Oct. 31, 1973 at 11:59 p.m.
Section 147:6
147:6 Removal Without Notice. – When the owner of a building, vessel or enclosure is unknown to the health officers, or does not reside in town, and the same is unoccupied, or the occupant is, in their opinion, unable to remove the same, they may, without previous notice, immediately cause the nuisance or other thing by them deemed injurious to the public health found therein to be removed or destroyed.
Source. RS 119:5. CS 125:5. GS 101:5. GL 111:5. PS 108:6. PL 140:6. RL 165:6.
Section 147:7
147:7 Expenses. – The owner or occupant of a building, vessel or enclosure shall be liable to pay the expense of the removal or destruction of the nuisance or other thing, including the fees of the health officers who order or cause the same to be removed; and the same may be recovered by action brought by the health officers in the name of the town.
Source. RS 119:6. CS 125:6. GS 101:6. GL 111:6. PS 108:7. PL 140:7. RL 165:7.
Section 147:7-a
147:7-a Notice to Owner. – As a prerequisite to the use of the alternative abatement cost collection procedure under RSA 147:7-b, any notice or order given pursuant to RSA 147:4, 147:11, 147:17, or 147:17-a, shall be in writing and subject to the following requirements: I. The notice shall contain: (a) A description of the nuisance or other danger to the public health, including the date of any inspection. (b) A statement of what
corrective action is required, and a reasonable time, in light of the seriousness of the nuisance or other danger to health, within which that action must be taken. (c) A statement that failure to take the corrective action within that time may result in corrective action being taken by the municipality, and that if this occurs, the municipality's costs shall constitute a lien against the real estate, enforceable in the same manner as real estate taxes, including possible loss of the property, if not paid. II. The notice shall be sent by registered mail, return receipt requested, to the last known post-office address of the current owner, if known, or of the person against whom taxes are assessed for the property, and to any tenant, occupant, owner's agent, or other person known by the health officer to exercise control over the premises.
Source. 1991, 208:1, eff. Jan. 1, 1992.
Section 147:7-b
147:7-b Collection of Nuisance Abatement Costs. – A municipality which has incurred costs for the removal or destruction of a public health nuisance pursuant to RSA 147:4-6, 147:11, 147:13, 147:17, or 147:17-a, may, as an alternative to a civil action to recover such costs, institute collection of such costs using the following procedure: I. After obtaining the consent of the municipal governing body, the health officer shall issue an order for costs, bearing the title ""Order for Abatement
Costs Pursuant to RSA 147:7-b'' containing: (a) A copy of any notice or order sent pursuant to RSA 147:7-a and a statement that such notice or order was not complied with within the time specified; or, in the case of removal without notice pursuant to RSA 147:6, a statement of what the nuisance or other danger to the public health was, and a statement of the circumstances justifying the removal without notice. (b) A statement of what corrective action was taken by the municipality. (c) An expense account of the municipality's costs in taking the corrective action, including the cost of issuing and serving orders under RSA 147:7-a and this section. (d) A statement that such costs constitute a lien against the real estate, enforceable in the same manner as real estate taxes, including possible loss of the property for nonpayment, and, if
no written objection is filed with the health officer within 30 days, the account will be committed to the tax collector. (e) The address of the office of the health officer, where any objection must be filed. (f) A copy of this section. II. The order shall be served upon the record owner of the property or such owner's agent, and upon the person to whom taxes are assessed for the property, if other than the owner, in the same manner provided for service of a summons in a civil action. III. Within 30 days after such service, any person served may file a written objection with the health officer, stating with specificity the basis for the objection. IV. If no such objection is filed, the health officer shall forward a copy of the order, together with proof of service and a certification that no objection was received, to the selectmen or other officers
responsible in that municipality for issuing tax warrants under RSA 76:10. The selectmen or other officers shall commit the expense account to the municipal tax collector, together with a warrant requiring the collector to collect the same from the person to whom real estate taxes are assessed for the premises upon which such corrective action was taken, and to pay the amount so collected to the municipal treasurer. Within 30 days after the receipt of such warrant, the collector shall send a bill as provided in RSA 76:11. Interest as provided in RSA 76:13 shall be charged on any amount not paid within 30 days after the bill is mailed. The collector shall have the same rights and remedies as in the collection of taxes, as provided in RSA 80. V. If an objection is filed, the health officer may file a motion to affirm the order in the district court of the district in which the property is located if the amount does not exceed the limits of the district court's civil
damages concurrent jurisdiction as set forth in RSA 502-A:14, or otherwise in the superior court. The filing shall include copies of the order and the objection. The clerk shall schedule a hearing on the motion, and shall give notice of the hearing by registered mail upon the person filing the objection, at least 20 days prior to the hearing. At the hearing, the technical rules of evidence shall not apply, but the court may admit any evidence deemed material and proper. Following the hearing, or upon default, the court shall enter judgment affirming, correcting if necessary, or denying the order for abatement costs. If the order is affirmed, the expense account shall be amended to reflect the municipality's expenses in connection with the motion, including filing fees, service fees, witness fees, attorneys' fees and traveling expenses. VI. Orders of the health officer under this section shall be deemed prima facie lawful and reasonable. The owner's lack of
responsibility for creating the nuisance or danger to health shall not constitute a defense. The court shall not deny the order except upon the following grounds, the burden of proof for which shall lie with the owner: (a) That the actions taken were clearly outside the authority of the health officer, or constituted a gross abuse of discretion; or (b) That the owner did not receive any order pursuant to RSA 147:7-a, and that the nuisance or other danger to health was not one for which an owner may be held strictly liable under either state or federal law, and further, that neither the owner nor any agent of the owner knew, had any reason to know, or in the exercise of due care in the ownership and maintenance of property or any other legal duty could have had any reason to know, of the circumstances constituting the nuisance or other danger to health. VII. If the order is affirmed in whole
or in part, the health officer shall forward it for collection in the manner provided by paragraph IV of this section.
Source. 1991, 208:1. 1998, 318:6, eff. Aug. 25, 1998.
Section 147:8
147:8 Toilets; Drains. – No person shall occupy, lease to any other person, or permit any other person to occupy, a building or any part of a building as a dwelling house, office, store, shop, theater, public hall, sleeping apartment or tourist cabin, unless such building shall have readily accessible adequate toilet and lavatory facilities, properly ventilated and constructed, and kept in proper sanitary condition; and unless said building shall be provided with suitable drains or sewers for conveying waste water and
sewage away from the premises into some public sewer, if there be one within 100 feet thereof, and if not, for conveying it away underground or in some other manner that will not be offensive. The phrase ""public sewer'', as used in this chapter, shall be understood to mean any sewer constructed and maintained by taxation, or any sewer which is open for general use upon the payment of a rental, license or other fee. Notwithstanding the provisions of this section, privies (outhouses not conveying sewage by water) may be allowed if such facilities are first approved by the local municipal health officials as to location and construction of the facilities. At the option of the local municipal health officials, further approval may be required by the department of environmental services, prior to the construction of such facilities. Nothing in this section shall prohibit cities, towns, or village districts, by ordinance or by regulation under RSA 147:1, from increasing the
100-foot distance contained in this section, or from granting waivers to the requirement of connection to the public sewer for properties with adequate alternative sewage disposal systems which comply with applicable state and local regulations, designed by a designer licensed in New Hampshire and approved for construction by the New Hampshire department of environmental services after January 1, 1985.
Source. 1869, 8:1. GL 111:7. 1881, 89:1. PS 108:8. 1907, 106:1. PL 140:8. RL 165:8. 1947, 49:1. RSA 147:8. 1973, 93:1. 1985, 198:1. 1992, 17:1. 1996, 228:111, eff. July 1, 1996.
Section 147:9
147:9 Penalty. – Any person neglecting or refusing to comply with the provisions of RSA 147:8 shall be guilty of a violation for each day of neglect or refusal, after notice as provided in RSA 147:4.
Source. 1869, 8:2. GL 111:8. 1881, 89:2. 1887, 62:4. PS 108:9. PL 140:9. RL 165:9. RSA 147:9. 1973, 531:26, eff. Oct. 31, 1973 at 11:59 p.m.
Section 147:10
147:10 Nuisances; When; Regulations. – No privy, toilet, sink, drain, cesspool, septic tank, or the discharges from such facilities, and no pen or sty for swine, shall be erected or continued in such place or condition as, in the judgment of the health officers, to be a nuisance or injurious to the public health. The health officer may make, in the manner provided in RSA 147:1, such regulations as necessary to ensure the safety and adequacy of subsurface sanitary disposal systems within the municipality. Nothing in this
section shall be construed to limit the authority conferred upon the department of environmental services under RSA 485-A.
Source. RS 119:9. CS 125:9. GS 101:9. GL 111:11. 1887, 62:2. 1889, 8:1. PS 108:10. PL 140:10. 1935, 29:2. RL 165:10. RSA 147:10. 1985, 212:1. 1989, 339:17. 1996, 228:108, eff. July 1, 1996.
Section 147:11
147:11 Discontinuance; Penalty. – The health officers may, in writing, order the discontinuance of any nuisance or that a privy located within 100 feet of a public sewer shall be connected to the sewer. In cities or towns having a water and sewerage system, the health officers may, in writing, order the discontinuance of any privy or vault located on premises within 100 feet of a public sewer, and the establishment of a flushing closet connected with such sewer. If any person continues the nuisance after an order from
the health officers, or neglects to comply with an order made under this section or RSA 147:4, such person shall be guilty of a violation for each day of the continuance or neglect. Nothing in this section shall prohibit cities, towns, or village districts, by ordinance or by regulation adoption under this chapter, from increasing the 100-foot distance contained in this section.
Source. RS 119:9. CS 125:9. GS 101:9. GL 111:11. 1887, 62:2. 1889, 8:1. PS 108:11. 1907, 106:2. 1909, 113:1. PL 140:11. 1935, 29:3. RL 165:11. RSA 147:11. 1973, 531:27. 1985, 198:2. 1998, 318:7, eff. Aug. 25, 1998.
Section 147:12
147:12 Sewer Fees. – Nothing in the preceding sections shall be construed as permitting a rental, license, or other sewer fee that is unreasonable in the opinion of the local board of health.
Source. 1907, 106:3. PL 140:12. RL 165:12.
Section 147:13
147:13 Offensive Matter. – If a person shall place, leave, or cause to be placed or left, in or near a highway, street, alley, public place, or wharf or on a private disposal site or shall allow to be exposed unburied, any animal or other substance liable to become putrid or offensive, or injurious to the public health or deposits garbage or refuse on premises not designated for waste disposal in accordance with RSA 149-M or other provisions of law, such person shall be guilty of a violation, and the health officer shall
remove or cause to have removed the same. Nothing in this section shall be construed as affecting authorized collections of garbage or refuse for public dumping facilities.
Source. RS 119:7, 12. CS 125:7, 12. GS 101:7. 1878, 31:1. GL 111:9. 1879, 57:21. 1883, 53:1. PS 108:12. PL 140:13. RL 165:13. 1949, 133:2. 1953, 102:2. RSA 147:13. 1965, 201:1. 1973, 531:28. 1998, 318:8, eff. Aug. 25, 1998.
Section 147:14
147:14 Drainage. – No person shall discharge, leave, or cause to be discharged or left, within the limits of any public highway, any drainage or discharges from any privy, toilet, sink drain, cesspool or septic tank, when such discharges or matter may enter or pass through any open highway ditch or drainage structure constructed and maintained for highway drainage purposes. It shall be the duty of the highway commissioner or selectmen who have control over such highways to report all violations of this section to the
local or state health authorities. Any person neglecting or refusing to comply with the provisions of this section shall be guilty of a violation for each day of neglect or refusal, after notice as provided in RSA 147:4.
Source. 1949, 118:1. RSA 147:14. 1973, 531:29, eff. Oct. 31, 1973 at 11:59 p.m.
Section 147:14-a
147:14-a Investigation and Inspection. – Any authorized member or agent of the department of health and human services may enter any land for the purpose of collecting information that may be necessary to investigate or inspect drainage systems pursuant to RSA 147:14 or private sewage systems pursuant to RSA 147:17-a. No owner shall refuse to admit any such member or agent.
Source. 1983, 167:1; 291:1, I. 1995, 310:181, eff. Nov. 1, 1995.
Section 147:15
147:15 Slaughterhouses, etc.; Permits. – If a person shall use or occupy a building or place near a dwelling-house or schoolhouse, or in the compact part of a town, for a slaughterhouse, a place of deposit of green pelts or skins, or for trying tallow, currying leather, or carrying on any other business that is offensive to the public, without the written permission of the health officers of the town, such person shall be guilty of a violation for each month such building or place shall be so used or occupied, to be
recovered for the use of the town.
Source. RS 119:8. CS 125:8. GS 101:8. GL 111:10. 1887, 62:1. PS 108:15. PL 140:14. RL 165:14. RSA 147:15. 1973, 531:30. 1998, 318:9, eff. Aug. 25, 1998.
Section 147:16
147:16 Withdrawal of Permits. – The health officers may withdraw the permission by notice in writing whenever in their opinion such use or occupancy of a building or place becomes a nuisance. In such case they shall order the abatement of the nuisance and the discontinuance of the use or occupancy within a time limited. If the owner or occupant neglects to comply with the order such owner or occupant shall be guilty of a violation for each day the owner or occupant so neglects or refuses after the expiration of the time
limited, for the use of the town.
Source. 1887, 62:1. PS 108:16. PL 140:15. RL 165:15. RSA 147:16. 1973, 531:31. 1998, 318:10, eff. Aug. 25, 1998.
Section 147:16-a
147:16-a Procedure for Ordering Building Vacated. – The health officer shall have the authority to order occupants to vacate a building, structure, or other premises if the officer determines, based on reasonable information and belief, that the condition of such premises constitutes a clear and imminent danger to the life or health of occupants or other persons, and that protection of life or health requires vacating the premises. For the purposes of this section, ""officer'' shall mean any municipal official
who orders such vacation, including the health officer acting under the authority of this section, RSA 147:4, or RSA 147:11, the building inspector acting under RSA 674:52-a, or the fire chief acting under RSA 154:21-a. The following procedure shall apply: I. The officer shall inform the owner and all occupants of the premises of the order, orally or otherwise, as soon, and by such means, as are practicable. The order, if not effective immediately, shall include a reasonable time, in light of the seriousness and immediacy of the danger, within which vacation must occur. II. A prominent notice shall be posted at each entrance to the building or other premises providing a brief description of the dangerous condition, and informing all persons that the premises has been ordered vacated, and of the officer making the order and the effective date and time of the order. Such notice shall not be removed during the period such order is in effect, and
anyone removing such notice shall be guilty of a misdemeanor. The following wording, though not exclusive, shall be deemed sufficient: ""DANGER. THIS BUILDING (or other premises) IS UNSAFE BECAUSE OF THE FOLLOWING DANGEROUS CONDITION: (brief description) __________ EFFECTIVE (date and time). OCCUPANCY IS PROHIBITED BY ORDER OF THE (officer's title) OF THE TOWN (City) OF __________, UNDER AUTHORITY OF RSA 147:16-a. DETAILS OF THIS VIOLATION ARE ON FILE AT __________. ANYONE ENTERING THIS BUILDING (premises) WITHOUT PERMISSION OF THE (officer's title), OR ANYONE REMOVING THIS NOTICE SHALL BE GUILTY OF A MISDEMEANOR. PERSONS AGGRIEVED BY THIS ORDER MAY REQUEST A HEARING IN THE __________ DISTRICT COURT, AND MAY ASK THE COURT TO DIRECT THE RESPONSIBLE PARTY TO REMOVE OR ABATE THE DANGEROUS CONDITION.'' III. The officer shall cause written notice of the order to vacate to be sent, registered mail, to the owner of the
property, if known, and to known lessees or others known to exercise control over the premises. Such written notice shall be mailed within 24 hours of the order to vacate, or upon the next business day thereafter, provided, however that no such mailing shall be necessary in cases where, due to immediate removal or abatement of the source of danger, the order has been countermanded before that time. In the alternative, the officer may cause the written notice to be served personally by a peace officer. The written notice shall contain the address and description of the premises, a statement of the particulars of the danger to life, health, or safety, a statement of the date and time that the order becomes or became effective, and a statement of the right to a hearing in district court to contest the order or to have the court consider whether to direct the responsible party to remove or abate the source of danger. The officer shall also forward a copy of the order to the local law
enforcement agency having jurisdiction to enforce the order, and shall file a copy of the order, and a service list of the names and addresses of the people to whom the officer sent notice of the order, in the district court for the district in which the property is located. Any court filing fee shall be paid by the municipality. IV. Any person specially aggrieved by the order to vacate may file a written request with the clerk of the district court for the district in which the property is located for a hearing to contest the order or to have the court consider whether to direct the responsible party to remove or abate the source of danger. The hearing shall be held no later than 7 days after the request is received by the clerk who shall send a hearing notice to the aggrieved person, the municipality, and any other person whose name appears on the service list filed in court by the municipality. The hearing shall concern whether the order to vacate is justified
and/or whether the court shall order the responsible party to prospectively remove or abate the source of danger. Other issues, including any challenge to outstanding ordinance or code violations, cease and desist orders, or removal or repair orders, shall be contested only under the statutes appertaining to them. The court, upon presentation of such evidence as it may require, shall affirm, modify, or set aside the order to vacate, issue any such other appropriate order as is consistent with this paragraph, and enter judgment accordingly. V. Any person who fails to comply with an order under this section, after having received due notice of it, either orally, in writing, or by posted notice, shall be guilty of a misdemeanor unless the district court has set aside the order. A deficiency in the municipal officer's adherence to this section shall not constitute a defense to the misdemeanor charge unless it amounts to failure of notice to the defendant. VI. A municipality may combine any order to vacate under this section with other lawful orders, including but not limited to orders under RSA 147:7-a, RSA 154:20, RSA 155-B:2, or RSA 676:17-a, as long as the minimum procedures of this section are met. When and if the source of danger is removed or abated following the issuance of any order to vacate under this section or any order under paragraph IV or if the order to vacate is set aside by the district court, the displaced occupants shall have the right to return to occupancy in the building, structure, or other premises. VII. The provisions of this section shall not apply to a residence which is occupied only by the owner and his or her immediate family, unless the condition of such premises constitutes a clear and imminent danger to the life or health of persons other than the occupant or occupants. VIII. Nothing in this section shall be deemed to affect a municipality's
duty to provide general assistance under RSA 165. No proceeding under this section shall be deemed to affect any legal rights between landlord and tenant. IX. If the district court finds that a municipality's order to vacate under this section was frivolous, or was commenced in bad faith, or was not based upon reasonable information and belief, then the court may order the municipality to pay the costs and reasonable attorneys' fees of any aggrieved person requesting a hearing on the order to vacate under paragraph IV.
Source. 1998, 318:1, eff. Aug. 25, 1998.
Section 147:17
147:17 Cleansing Premises; Penalty. – Whenever a building, tenement or room occupied as a dwelling or schoolroom, or any cellar or other appurtenance connected therewith, has become the source of danger to the health of its occupants or others from want of cleanliness the health officers may order the owner, the owner's agents or the occupants, or any of them, to cleanse and put the same in proper sanitary condition, and the occupants to quit the same, within a time limited. If the person so ordered does not cleanse the
same as ordered the health officers may do so, and may recover the expense thereof, together with their fees, of the owner; or they may order the same to be closed and to remain so until properly cleansed. Any person who shall fail to comply with an order of the health officers made under the authority of this section, after receiving due notice thereof, shall be guilty of a misdemeanor.
Source. 1887, 62:3. PS 108:18. PL 140:16. RL 165:16. RSA 147:17. 1973, 528:58. 1998, 318:11, eff. Aug. 25, 1998.
Section 147:17-a
147:17-a Private Sewage Systems. – I. FAULTY PRIVATE SEWAGE SYSTEM. Whenever any private sewage system is in such disrepair as to constitute a source of danger to the health of the public, the health officer may order the owner to put the same in a proper sanitary condition. II. FAILURE TO REPAIR. If the person so ordered fails to rectify the problem, the municipal health officer may request the selectmen or mayor and council, if sufficient funds have been appropriated for this
purpose, to put the system in a proper sanitary condition.
Source. 1971, 310:2, eff. Aug. 24, 1971.
Section 147:17-b
147:17-b Installments for Repair Cost. – All expenses to the town or city for repairs made pursuant to the provisions of RSA 147:17-a, II shall constitute an assessment against the owner and shall create a lien upon the lands on account of which such repairs are made. The governing board shall have all the powers in making, assessing, and enforcing such lien as are provided in the applicable provisions of RSA 252.
Source. 1971, 310:2, eff. Aug. 24, 1971.
Section 147:18
147:18 Expectoration. – It shall be unlawful for any person to spit upon any sidewalk, in the compact part of any city, village or town, or in any railway station, hall or other public place, or in any street or steam railway car other than smoking cars, except into spittoons or other receptacles provided for that purpose.
Source. 1903, 2:1. PL 140:17. RL 165:17.
Section 147:19
147:19 Receptacles for Waste. – All persons keeping fruit for retail sale adjoining a sidewalk in the compact part of any village or city shall provide for public use a suitable receptacle for waste matter upon the outside of such store and adjoining or upon such sidewalk.
Source. 1903, 2:2. PL 140:18. RL 165:18.
Section 147:20
147:20 Care of Receptacles. – The receptacles mentioned in RSA 147:18 and 19 shall be kept clean and wholesome.
Source. 1903, 2:3. PL 140:19. RL 165:19.
Section 147:21
147:21 Rubbish. – No person shall deposit any rubbish within the limits of any highway, park or common, or throw upon the sidewalk or into any street in the compact part of any city or village, any waste from any fruit or any paper, or other offensive or unsightly substance.
Source. 1903, 2:4. PL 140:20. RL 165:20.
Section 147:21-a
147:21-a Discarded Refrigerators. – Any person who owns, controls or has in custody a container originally used for refrigeration purposes shall, before discarding it, remove the door, doors or lid. Any person failing to comply with this section shall be guilty of a misdemeanor.
Source. 1955, 158:1. 1971, 392:1. 1973, 528:59. 1998, 318:12, eff. Aug. 25, 1998.
Section 147:22
147:22 Penalty. – Any person violating the provisions of RSA 147:18 to 21 shall be guilty of a violation.
Source. 1903, 2:5. PL 140:21. RL 165:21. 1953, 102:3. RSA 147:22. 1973, 531:32, eff. Oct. 31, at 11:59 p.m.
TITLE XIIPUBLIC SAFETY AND WELFARE
CHAPTER 155-BHAZARDOUS AND DILAPIDATED BUILDINGS
Section 155-B:1
155-B:1 Definitions. – For the purposes of this chapter, the following terms have the following meanings: I. ""Building'' includes any structure or part of a structure. II. ""Hazardous building'' means any building which, because of inadequate maintenance, dilapidation, physical damage, unsanitary condition, or abandonment, constitutes a fire hazard or a hazard to public safety or health. III. ""Governing body'' means the city council
or the selectmen of a town.
Source. 1967, 334:1, eff. Sept. 1, 1967.
Section 155-B:2
155-B:2 Repair or Removal of Hazardous Building. – The governing body of any city or town may order the owner of any hazardous building within the municipality to correct the hazardous condition of such building or to raze or remove the same.
Source. 1967, 334:1, eff. Sept. 1, 1967.
Section 155-B:3
155-B:3 Order; Contents. – The order shall state, in writing, the grounds therefor, specifying the necessary repairs, if any, and providing a reasonable time for compliance. It shall also state that a motion for summary enforcement of the order will be made to the court of the district or municipality in which the hazardous building is situated unless corrective action is taken, or unless an answer is filed within the time specified in RSA 155-B:6.
Source. 1967, 334:1, eff. Sept. 1, 1967.
Section 155-B:4
155-B:4 Order; Service. – The order shall be served upon the owner of record, or his agent if an agent is in charge of the building, and upon the occupying tenant, if there is one, and upon all lien holders of record, in the manner provided for service of a summons in a civil action. If the owner cannot be found, the order shall be served upon him by posting it at the main entrance to the building and by 4 weeks' publication in a published newspaper of the municipality if there is one, otherwise in a newspaper of general
circulation in the state.
Source. 1967, 334:1, eff. Sept. 1, 1967.
Section 155-B:5
155-B:5 Order; Filing. – A copy of the order with proof of service shall be filed with the clerk of the court of the district or municipality in which the hazardous building is located not less than 5 days prior to the filing of a motion pursuant to RSA 155-B:7 to enforce the order. The appropriate district or municipal court shall have jurisdiction under this chapter notwithstanding any contrary provisions in RSA 502-A:14 or in any other section of RSA. At the time of filing such order the governing body shall file for
record with the register of deeds a notice of the pendency of the proceeding, describing with the reasonable certainty the lands affected and the nature of the order. If the proceeding be abandoned the governing body shall within 10 days thereafter file with the register of deeds a notice to that effect.
Source. 1967, 334:1, eff. Sept. 1, 1967.
Section 155-B:6
155-B:6 Answer. – Within 20 days from the date of service, any person upon whom the order is served may serve an answer in the manner provided for the service of an answer in a civil action, specifically denying such facts in the order as are in dispute.
Source. 1967, 334:1, eff. Sept. 1, 1967.
Section 155-B:7
155-B:7 Default Cases. – If no answer is served, the governing body may move the court for the enforcement of the order. If such a motion is made the court may, upon the presentation of such evidence as it may require, affirm or modify the order and enter judgment accordingly, fixing a time after which the governing body may proceed with the enforcement of the order. The clerk of the court shall cause a copy of the judgment to be mailed forthwith to persons upon whom the original order was served.
Source. 1967, 334:1, eff. Sept. 1, 1967.
Section 155-B:8
155-B:8 Contested Cases. – If an answer is filed and served as provided in RSA 155-B:6, further proceedings in the action shall be governed by the rules of civil procedure for the district or municipal courts, except that the action has priority over all pending civil actions and shall be tried forthwith. If the order is sustained following the trial, the court shall enter judgment and shall fix a time after which the building shall be destroyed or repaired, as the case may be, in compliance with the order as originally
filed or modified by the court. If the order is not sustained, it shall be annulled and set aside. The clerk of the court shall cause a copy of the judgment to be mailed forthwith to the persons upon whom the original order was served.
Source. 1967, 334:1, eff. Sept. 1, 1967.
Section 155-B:9
155-B:9 Enforcement of Judgment. – If a judgment is not complied with in the time prescribed, the governing body may cause the building to be repaired, razed, or removed as set forth in the judgment. The cost of such repairs, razing, or removal shall be a lien against the real estate on which the building is located and may be levied and collected in the same manner as provided in RSA 80 for tax liens. When the building is razed or removed by the municipality, the governing body may sell the salvage and valuable
materials at public auction upon 3 days' posted notice.
Source. 1967, 334:1, eff. Sept. 1, 1967.
Section 155-B:10
155-B:10 Statement of Monies Received. – The municipality shall keep an accurate account of the expenses incurred in carrying out the order and of all other expenses theretofore incurred in connection with its enforcement, including specifically, but not exclusively, filing fees, service fees, publication fees, appraisers' fees, witness fees, including expert witness fees, and traveling expenses incurred by the municipality from the time the order was originally made, and shall credit thereon the amount, if any, received
from the sale of the salvage, or building or structure, and shall report its action under the order, with a statement of monies received and expenses incurred to the court for approval and allowance. Thereupon the court shall examine, correct, if necessary, and allow the expense account, and, if the amount received from the sale of the salvage, or of the building or structure, does not equal or exceed the amount of expenses as allowed, the court shall by its judgment certify the deficiency in the amount so allowed to the municipal clerk for collection. The owner or other party in interest shall pay the same, without penalty added thereon, and in default of payment by December 1, the clerk shall certify the amount of the expense to the collector for entry on the tax lists as a charge against the real estate on which the building is or was situated and the same shall be collected in the same manner as other taxes and the amount so collected shall be paid into the municipal treasury.
If the amount received for the sale of the salvage or of the building or structure exceeds the expense incurred by the municipality as allowed by the court, and if there are no delinquent taxes, the court shall direct the payment of the surplus to the owner or the payment of the same into court, as provided in this chapter. If there are delinquent taxes against the property, the court shall direct the payment of the surplus to the municipal treasurer to be applied to such taxes.
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