HB 491 - AS INTRODUCED
2001 SESSION
10/09
HOUSE BILL 491
AN ACT establishing a procedure for zoning boards of adjustment to give notice of violation of zoning ordinances.
COMMITTEE: Municipal and County Government
This bill allows for a zoning board of adjustment, upon petition and hearing, to find a violation by a property owner of a zoning ordinance and file a notice of the violation in the registry of deeds of the county.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
01-0108
10/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand One
AN ACT establishing a procedure for zoning boards of adjustment to give notice of violation of zoning ordinances.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Powers of Zoning Board of Adjustment. Amend RSA 674:33 by inserting after paragraph V the following new paragraph:
VI. Hear and decide matters upon application made pursuant to RSA 676:7-a.
2 New Section; Zoning Board of Adjustment; Notice of Violations of Zoning Ordinances. Amend RSA 676 by inserting after section 7 the following new section:
676:7-a Notice of Violations of Zoning Ordinances. A planning board or any property owner residing in the municipality may petition the board of adjustment alleging that a property owner in the municipality is in violation of a zoning ordinance which has not been waived pursuant to RSA 674:33-a. The petition shall be made in accordance with the public hearing and notice procedures for a board of adjustment under RSA 676:7. The board shall make certified service on the owner or owners of the property alleged to be in violation. The board shall hold a hearing on the matter. If the board finds that the property is in violation of the zoning ordinance alleged in the petition, the board, following the expiration of the appeal period pursuant to RSA 677:2-4, may file a notice in the registry of deeds in the county in which the property is located referencing the property and describing the violation. If a property found to be in violation corrects the violation, the property shall have the right to secure a release of the notice filed in the registry of deeds. All costs of acquiring the release shall be paid by the property owner.
3 Effective Date. This act shall take effect January 1, 2002.