§ 147.6 - Enforcement, Violations and Penalties.

§ 147.6 - Enforcement, Violations and Penalties.

It shall be the duty of the Board of Selectmen or its designated officer to:

  • 147.6.1 Generally administer this chapter.
  • 147.6.2 Require a building permit prior to erection, alteration or demolition of any structure and certificate of compliance upon completion and prior to use.
  • 147.6.3 Violations and penalties.
    • 147.6.3.1 Pursuant to RSA 676:17, any person who violates any of the provisions of NH RSA Title LXIV, “Planning and Zoning” or any Town of Conway ordinance, code or regulation adopted under said title, or any provision or specification of any application, plat, or plan approved by or any requirement or condition of a permit or decision issued by, any authorized local official or land use board:
      • 147.6.3.1.1 Shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
      • 147.6.3.1.2 Shall be subject to a civil penalty not to exceed the maximum allowable under RSA 676:17 for each day such violation is found to continue after the conviction date or after the date on which the violator receives written notice of the violation from the town, whichever is earlier.
      • 147.6.3.1.3 The town may also recover it’s costs and reasonable attorney’s fees actually expended in pursuing the legal action, as well as seek reimbursement for the expenditure of public funds, if it is found to be a prevailing party in the action, pursuant to RSA 676:17 II and RSA 676:17 III.
    • 147.6.3.2 Pursuant to RSA 676:17-a, “Cease and Desist Orders”, the building inspector, code enforcement officer, or other designated officer of the Board of Selectmen, may issue a cease and desist order against any violation set forth in paragraph (1) above.
    • 147.6.3.3 Pursuant to RSA 676:17-b “Local Land Use Citations” the building inspector, code enforcement officer or other designated officer of the Board of Selectmen may choose to charge the offense as a violation and issue a Local Land Use Citation and seek a civil penalty as set forth in RSA 676:17, I(b). The prosecuting official may also serve additional local land use citations, without giving additional written notice or appeal opportunity, if the facts or circumstances constituting the violation continue beyond the date or dates of any prior citation, pursuant to RSA 676:17-b VII.
    • 147.6.3.4 For trees removed in violation of this ordinance, the violation and fine shall continue daily with each day a separate violation until trees are replaced with equivalent trees.
Enforcement, Violations and Penalties.

part number

147.6