Reference Library

Enforcement

• Legal Q & A articles from New Hampshire Town and City published by the Local Government Center
  • Records Compiled for Enforcement of Statutes, Ordinances and Regulations: To What Extent Are They Exempt from Disclosure?
    July/August 2012
    Although law enforcement records are not included as such in the list of government records exempt from disclosure under the Right to Know Law, RSA 91-A:5, the New Hampshire Supreme Court has long recognized that certain law enforcement records may be withheld from public disclosure in accordance with the exemption for such records in the federal Freedom of Information Act (FOIA). This exemption has been important for police departments, but until now, of little interest to other municipal officials and employees. Recently, however, in the case of 38 Endicott Street North, LLC v. State Fire Marshal, the Court expressly held that the law enforcement records exemption applies more broadly. The case raises many questions as to what municipal records, other than police department investigatory files, may be withheld from public disclosure as “records compiled for law enforcement purposes.” (See this month’s Court Update column for a summary of 38 Endicott Street North, LLC v. State Fire Marshal.)
  • Land Use Violation Enforcement Costs Can Be Recovered
    February 2007
  • Understanding Code Enforcement
    October 2002
    There is a large manufacturing company doing business in an industrial zone in our community. Some of the residents of a neighboring residential zone have reported to our code enforcement officer that unsightly manufacturing materials have been stockpiled all over the site and that the noise from the facility has been keeping them awake at night. Upon review of the facility’s site plan approved by the planning board, the code enforcement officer has concluded that the facility has failed to utilize designated outside storage areas and has failed to plant the vegetation designed to mitigate the noise from the facility. The owner of the facility has refused to comply, despite numerous requests by the code enforcement officer in that regard.
• Municipal Law Lecture #2, Fall 2002: "Effective Enforcement of Local Land Use Decisions and Regulations", Mark H. Puffer, Esq., Gary Bernier, Esq. (ContactUs for a copy)
• Chapter 595-B Administrative Inspection Warrants
• Guide to District Court Enforcement of Local Ordinances & Codes, NH Bar Association
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• TOWN OF ATKINSON v. MALBORN REALTY TRUST & a. Argued: June 13, 2012 Opinion Issued: August 17, 2012
  • Calculation of fines:
    "'[W]hen interpreting statutes, we do not merely look at isolated words or phrases, but instead we consider the statute as a whole.' Appeal of Alexander, 163 N.H. 397, 409 (2012) (quotation omitted). Under the plain meaning of RSA 676:17, I, the civil penalty imposed is $275 per day "for the first offense" and $550 per day "for subsequent offenses." Reading RSA 676:17, I, as a whole, we conclude that word "offense" refers to the violation(s) for which "the violator receives written notice from the municipality that the violator is in violation." Here, because the Town issued only one notice of violation, only a "first offense" is at issue. Pursuant to RSA 676:17, I, therefore, the respondents are subject to a penalty of $275 for each of the 200 days of this offense ($275 x 200 = $55,000). Accordingly, we modify the trial court’s order to reduce the civil penalty imposed to $55,000."
  • Fire Chief’s Requirement of Residential Sprinklers Upheld; Civil Penalties for Land Use Violations Explained (LGC summary)

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