A Guide to Effective Enforcement: Investigating and Enforcing Code and Land Use Violations (2018) with 2021 Supplement

82 pages

Table of Contents

Part One: Investigating and Remedying Land Use Violations
Chapter 1: Is there a Zoning Violation?
I. Complaints
II. Investigating the Potential Violation

Chapter 2: It Appears there is a Violation—Now What?
I. Remedies
II. Informal Enforcement
III. Administrative Enforcement of Ordinances (RSA 31:39-c)
IV. Administrative Appeals to the Zoning Board of Adjustment

Chapter 3: Time for Court, But Where to File?
I. The Circuit Court-District Court Division Route (RSA 676:17-a)
II. The Superior Court Route

Chapter 4: The Trial-What Does the Community Need to Prove
I. Proving the Legal Effectiveness of the Ordinance
II. Proving the Violation
III. Requested Remedies

Chapter 5: The Aftermath-What Can the Community Do If the Defendant Fails to Comply with the Court’s Final Order
Part Two: Beyond Zoning: Remedying Other Violations
Chapter 1: Building and Fire Code
I. State Building Code
II. State Fire Code
III. Building Code and Fire Code and Appeal Process

Chapter 2: Junkyards
I. Is It a Junkyard?
II. The Local Licensing Requirement
III. Penalties and Enforcement of Licensing Violations
IV. Junkyards and Your Zoning Ordinance
V. Regulation of Junk Dealers, RSA Chapter 322
VI. Authority of Other Officials Relative to Health, Safety, and Welfare

Chapter 3: Regulations Protecting Health, Safety & Welfare
I. Health Regulations: Nuisances, Toilets, Drains, Expectoration, Rubbish and Waste, RSA Chapter 147
II. Fire Regulations, RSA Chapter 154
III. Hazardous and Dilapitated Buildings, RSA Chapter 155-B
IV. Minimum Housing Standards, RSA Chapter 48-A
V. Consider Adopting a Property Maintenance Code

Chapter 4: Excavations
I. RSA 155-E: The Law Governing Excavation of Earth Materials
II. All Earth Excavations Must Have a Permit Unless Exempt Under RSA 155-E:2
III. Operational and Reclamation Standards
IV. Permitting Procedures
V. Recommended Actions

Table of Cases
Table of Statutes

2021 Supplement