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 […]
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.
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 […]
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 […]
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.
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 […]
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, […]
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 […]
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 […]
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 […]
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, […]
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 […]
48-A:6-a Lien for Unpaid Fines. – I. Whenever a court of competent jurisdiction enters a fine against a property owner for violation of a housing code enacted pursuant to this chapter or for violation of the minimum standards set forth in RSA 48-A:14, the amount of said fine shall be a lien against the […]
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 […]
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, provided […]
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; […]
