§ 124-4. Enforcement powers.  


Latest version.
  • A. 
    In the event the Director of Public Works determines that a property is in violation of § 124-2 above, the Director may issue a written notice of violation by certified mail to the property owner; provided, however, that nothing herein shall prevent the City, in emergency circumstances where the delay entailed by the notice process could result in a danger to health, safety or the environment, from commencing an enforcement action without such a notice of violation. Any such notice of violation shall:
    (1) 
    Specify the actions or conditions that constitute the violation;
    (2) 
    Identify any action required to be taken in order to correct the violation(s);
    (3) 
    Establish a reasonable time frame for remedying the violation;
    (4) 
    Notify the owner of record of the City's right to commence an enforcement action, which may include a request for fines, civil penalties, and/or injunctive relief.
    B. 
    As an alternative to a notice of violation under Subsection A above, the Director of Public Works may, in cases involving a potential danger to public health, request the City's Health Officer to issue an order under RSA Ch. 147, which may include provision for the abatement of the violation by the City, and collection of the City's abatement and other costs, using the procedures set forth in RSA 147:7-a and RSA 147:7-b.
    C. 
    The City may enforce § 124-2 above by means of legal action, seeking any or all remedies and penalties consistent with state law, including but not limited to fines of up to $1,000 pursuant to RSA 47:17, civil penalties of up to $10,000 per day of violation pursuant to RSA 149-I:6, and/or injunctive relief. In any legal action brought by the City to enforce this chapter, the City shall be entitled to recover its costs and reasonable attorney fees expended in connection with any such enforcement action if found to be a prevailing party.