New Hampshire Revised Statutes 48-A:8 – Additional Provisions of Ordinances, Codes, or Bylaws
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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 that such powers shall not be used to impose any additional restrictions on dwellings used as a vacation rental or short-term rental. Such powers shall include 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 N.H. Rev. Stat. Chapter 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;
V. To delegate any of its functions under such ordinance to such officers as it may designate; and
VI. To establish penalties for violations of such ordinance, code, or bylaw, which shall be in addition to any other remedies provided under this chapter. The penalty for any separate offense shall not exceed the maximum penalty permitted under N.H. Rev. Stat. § 47:17, and may be enforced pursuant to the procedure established in N.H. Rev. Stat. § 31:39-c, N.H. Rev. Stat. § 31:39-d, or both, subject to the provisions and limitations thereof, or in any other manner authorized by law. For purposes of any fines imposed hereunder, each day that a violation of the ordinance, code, or bylaw continues shall be considered a separate offense.
I. To investigate the dwelling conditions in the municipality in order to determine which dwellings therein are unfit for human habitation;
Terms Used In New Hampshire Revised Statutes 48-A:8
- bylaw: when used in reference to legislative action taken by a city, town, county or village district shall have the same meaning as an ordinance and shall be subject to the same procedures for enactment. See New Hampshire Revised Statutes 21:45
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- governing body: shall mean the board of selectmen in a town, the board of aldermen or council in a city or town with a town council, the school board in a school district or the village district commissioners in a village district, or when used to refer to unincorporated towns or unorganized places, or both, the county commissioners. See New Hampshire Revised Statutes 21:48
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
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 N.H. Rev. Stat. Chapter 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;
V. To delegate any of its functions under such ordinance to such officers as it may designate; and
VI. To establish penalties for violations of such ordinance, code, or bylaw, which shall be in addition to any other remedies provided under this chapter. The penalty for any separate offense shall not exceed the maximum penalty permitted under N.H. Rev. Stat. § 47:17, and may be enforced pursuant to the procedure established in N.H. Rev. Stat. § 31:39-c, N.H. Rev. Stat. § 31:39-d, or both, subject to the provisions and limitations thereof, or in any other manner authorized by law. For purposes of any fines imposed hereunder, each day that a violation of the ordinance, code, or bylaw continues shall be considered a separate offense.