[HISTORY: Adopted by the Town Council of the Town of Hudson 5-13-1986 as Ord. No.
O86-2. Amendments noted where applicable.]
Any violation of the Town of Hudson ordinances adopted pursuant
to RSA 672-677 or statutory precedents to said sections shall, after
the effective date of this chapter,[1] pursuant to the authority set forth in RSA 676:17I(a),
be henceforth punishable by a civil fine of not more than $100 for
each day that such violation is found by a court to continue after
the conviction date or after the date on which the violator receives
written notice from the municipality that he is in violation of any
ordinance or regulation adopted under said title, whichever date is
earlier.
[1]
Editor's Note: This chapter became effective upon its
adoption on 5-13-1986.
The Board of Selectmen for the Town of Hudson does hereby resolve
to indicate that it is its desire to implement, to the fullest extent
possible, the following authority provided to the municipality pursuant
to RSA 676:17, as amended, indicating that in any legal action brought
by the Town of Hudson to enforce, by way of injunctive relief as provided
by RSA 676:15 or otherwise, any local ordinance, code or regulation
adopted under the authority of the above-cited sections (RSA 672-677)
or to enforce any Planning Board, Zoning Board of Adjustment or Building
Code Board of Appeals decision made pursuant to said sections, or
to seek the payment of any fine levied under the regulation adopted
above, the municipality may recover its costs and reasonable attorney's
fees actually expended in pursuing the legal action if it is found
to be a prevailing party in the action. For the purposes of said section,
recoverable costs shall include all out-of-pocket expenses actually
incurred, including but not limited to inspection fees, expert fees
and investigatory expenses.
[1]
Editor's Note: Pursuant to Res. No. R92-71, adopted 6-8-1992,
effective 7-1-1992, this section has been revised to replace "Council"
with "Board of Selectmen."
The Board of Selectmen for the Town of Hudson resolves to implement
that portion of RSA 676:17 which indicates that if any violation of
local ordinance, code or regulation or any violation of a Planning
Board, Zoning Board of Adjustment or Building Code Board of Appeals
decision results in the expenditure of public funds by a municipality
which are not reimbursed under Paragraph II of RSA 676:17, the court
in its discretion may order, as an additional civil penalty, that
a violator make restitution to the municipality for such funds so
expended. It is the desire of the Board of Selectmen that the within
action constitute the exercise of the election permitted to the local
governing body by RSA 676:17 as well as identifying the resolve of
the Board of Selectmen to implement any and all sections of RSA 676:17
which provide to the municipalities in the State of New Hampshire
authority to enforce local codes and ordinances identified therein.
[1]
Editor's Note: Pursuant to Res. No. R92-71, adopted 6-8-1992,
effective 7-1-1992, this section has been revised to replace "Council"
with "Board of Selectmen."
