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Article 05: Enforcement
Municipal Code:
Chapter 038: Building Construction
Details
38-24. Injunctions; other remedies.
A. Upon any well-founded information that this chapter is being violated, the Town Administrator shall, on the advice of the Code Enforcement Officer, take immediate steps to enforce the provisions of this chapter or other town ordinances as set forth in RSA 676:17, as amended, by seeking an injunction in the Superior Court or by any other legal action.
B. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this chapter, the Town Administrator, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful action, to restrain, correct or abate such violation or to prevent the occupancy of the building, structure or land or any illegal act or use in or about such premises.
38-25. Stop-work orders; penalty.
A. Upon notice from the code official that work on any building or structure is proceeding contrary to the provisions of this code or in an unsafe and dangerous manner, such work shall be immediately stopped. The stop-work order shall be in writing and shall be given to either the owner of the property involved, the owner's agent or the person doing the work or shall be posted in a conspicuous place on the building site and shall state the conditions under which work will be permitted to resume.
B. Unlawful continuance. Any person who shall continue any work in or about the structure after having been served with a stop-work order, except such work as that person is directed to perform to remove a violation or unsafe conditions, shall be liable to a fine of not less than one thousand dollars ($1,000.) nor more than five thousand dollars ($5,000.).
38-26. Violations and penalties.
For any and every violation of the provisions of this chapter, the owner, general agent or contractor of a building or premises where such violation has been committed or shall exist or the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist or the architect, builder or any other person who knowingly commits, takes part or assists in any such violation shall be liable, on conviction thereof, to a fine or penalty as set forth in Chapter 1, Article II, of this Code or such other penalty which may from time to time be authorized by state law, unless otherwise specified elsewhere in this chapter. For each and every offense and whenever such person shall have been notified by the Town Administrator or by service of summons in a prosecution or in any other way that he is committing such violation of this chapter, each day that he shall continue such violation after such notification shall constitute a separate offense punishable by a like fine or penalty. Such fines or penalties shall be collected as like fines or penalties are now by law collected.
38-27. Validity
In the event any part or provision of this Code is held to be illegal or void by a court of competent jurisdiction, this shall not affect the validity of these regulations as a whole or any part thereof.
38-28. Permit fees for building construction work
Establishment of permit fees. The Town Council shall establish the building construction fee schedule and it shall be included within the Town-wide Master Fee Schedule.
(Section 38-28 amended by Ord. #2007-04 dtd 04/23/07)