Charter Chapter 18

Code Enforcement

Art. I. In General, §§ 18-1--18-15

Art. II. Code Enforcement, §§ 18-16--18-22

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Cross References: Housing authority established, § 2-41; composition and powers and duties of the housing authority, § 2-86 et seq.; code enforcement division, § 2-303 et seq.; animals, Ch. 3; buildings and building regulations, Ch. 4; national electrical code adopted, § 4-2; national building code adopted, § 4-2; national plumbing code adopted, § 4-2; fire prevention and protection, Ch. 6; health, Ch. 7; nuisances, § 7-16 et seq.; license and regulation of occupations and businesses, Ch. 9; mobile homes and manufactured housing and mobile home parks, Ch. 10; solid waste, Ch. 12; streets, sidewalks and other public places, Ch. 13; subdivisions, Ch. 14; utilities, Ch. 16; zoning and land use, Ch. 17.

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ARTICLE I.

In General

Secs. 18-1--18-15. Reserved.

ARTICLE II.

Code Enforcement

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Cross References: Buildings and building regulations, Ch. 4, Housing, Ch 8.

State Law References: Housing standards, supplemental provisions, RSA 47:17, 48-A: 1 et seq. and Administrative and Enforcement Procedures RSA 676:17, 17-a and 17-b.

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DIVISION 1.

Generally

Sec. 18-16. Citation Authority.

City departments or officials responsible for enforcing the  Fire, Building, Zoning, Housing and Health codes of the City are hereby authorized to issue citations for any violation of the ordinances or codes. The enforcement authority provided hereby is in addition to the authority for ordinance and code enforcement that currently exists. (Ord 2-21-06)

Sec. 18-17. Citation Process

No local land use citation as set forth in this section shall be  served unless one or more of the following have been given written notice of the violation; the property owner, owner’s agent, property manager, occupying tenant, tenant’s agent, contractor, sub-contractor or permit holder. If the notice involves or includes a decision which may be appealed to the Housing Board of Appeals , such notice shall set forth a reasonable period, as provided by the rules of the Housing Board of Appeals, in no case less than 7 days, within which such appeal shall be filed after receipt of the written notice, and the citation shall not be served until after the end of such period.

This citation process and the subsequent penalties associated with a specific type of violation will be used to enforce an ordinance where penalties were not specifically addressed in the ordinance. (Ord 2-21-06)

Sec. 18-18. Citation Defined; Contents.

A citation is a written and/or printed notice describing a specific violation of a city code which is served on the person responsible for the violation. Each day a violation exists or occurs is a separate offense, and the original citation shall be deemed effective against each such additional offense. A citation shall be served in the manner described in this chapter, and shall contain the following information:

1. The name and address of the person, owner, owner’s agent, property manager, occupying tenant, tenant’s agent, contractor, sub-contractor or permit holder  responsible for the violation.
2. The location of the violation
3. A clear and concise description of the violation.
4. The statute, code, ordinance, regulation, provision, specification, requirement or condition the offender has violated.
5. The date upon which the offender received written notice of the violation by the municipality (except in cases of health and safety violations).
6. The time and date upon which the violation was witnessed subsequent to such written notice.
7. A statement as to whether the citation is being issued for a first or subsequent citation.
8. The fine for the violation as  stated in this chapter including whether this is a one-time fine or a daily fine. If the citation contains a civil fine as set forth in Section 18-20, it shall be stated  that  the civil fine must be paid within 14 days or the fine will automatically double.
9. A statement or table describing the penalties for future occurrences of the same violation.
10. The signature, printed name and department of the individual issuing the citation.
11. The name and address of the department where the payment is made.
12. Notification that failure to pay the fine will result in court action.

(Ord 2-21-06)

Sec. 18-19. Service of Citation.

(a) A citation shall be served by the  issuing official in any one of the following ways:

1. In hand to the person or entity to be served.
2. At the abode or place of business of the person to be served.
3. By certified or registered mail, return receipt requested, to the last known address of the person or business to be served.
4. In any other manner permitted by the laws of the state.

(b) The official serving the citation shall maintain a record of the date, time, and manner of service of the citation including the post-office receipt and return receipt if service was accomplished by registered or certified mail.

(Ord 2-21-06)

Sec. 18-20. Citation Penalties.

(a) The penalties for any offense relating to the following sections for which a citation has been issued shall be as follows:

(b) Penalties not paid within 14 days of issuance shall automatically double.

(c) Costs, including fees incurred by the City in serving the citation may be added to the above penalties.

(Ord 4-17-06)

Sec. 18-21. Penalty.

Persons failing to pay any fine imposed pursuant to a citation issued under the authority granted by this chapter, shall be guilty of a violation and shall, upon conviction, be punished by an additional fine not to exceed the maximum allowed by RSA 47:17, 48-A:1 et seq., 676:17 et seq. or other applicable laws for each offense. In cases where the citation process did not correct the offense or is required by the law(s) applying to the offense, the responsible party will be brought to District or Superior Court for final resolution. 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, shall constitute a separate offense. (Ord 2-21-06)