[HISTORY: Adopted by the Board of Aldermen of the City of
Nashua 6-14-2016 by Ord. No. O-16-003. Amendments noted where applicable.]
City departments or officials charged with the responsibility
for enforcing the ordinances and codes of the City are hereby authorized
to issue citations for any violation of the ordinances or codes that
they are responsible for enforcing. The enforcement authority provided
hereby is provided for in RSA 31:39-c and is in addition to the authority
for ordinance and code enforcement that currently exists.
A citation is a written and/or printed notice describing a specific
violation of a City ordinance or code which is served on the person
responsible for the violation. Each day on which a violation exists
or occurs is a separate offense, and a citation may be issued for
each offense. A citation shall be served in the manner described in
this chapter, and shall contain the following information:
A.Â
A clear and concise description of the violation.
B.Â
The location of the violation and the date and time on which it was
observed.
C.Â
The name and address of the person responsible for the violation.
D.Â
The penalty for the violation as provided for in this chapter.
E.Â
A statement or table describing the penalties for future occurrences
of the same violation.
F.Â
A statement as to whether the citation is being issued for a first,
second, or subsequent offense.
G.Â
The name and address of the office to which the payment of the penalty
may be made.
H.Â
The time period during which a reduced penalty may be paid in full
satisfaction of the citation.
I.Â
Notification that failure to pay the penalty may result in court
action.
J.Â
The signature and printed name and department of the individual issuing
the citation.
A.Â
Any citation shall be served by the official issuing it in any one
of the following ways:
B.Â
The official serving the citation shall maintain a record of the
date, time, and manner of service of the citation, including the post
office receipt if service was accomplished by registered or certified
mail.
A.Â
Table 4-1.
(1)Â
The penalties for any offense relating to the following ordinances
for which a citation has been issued shall be as follows:
Table 4-1
| |||||
---|---|---|---|---|---|
NRO
|
First Offense
|
Second Offense
|
Third Offense
|
Description
| |
§ 182-28
|
$50
|
$100
|
$250
|
Exterior standards
| |
§ 182-29
|
$50
|
$100
|
$250
|
Interior standards
| |
§ 182-30
|
$50
|
$100
|
$250
|
Premises and accessory structure standards
| |
§ 182-31
|
$50
|
$100
|
$250
|
Emergency and Code Enforcement Department information
| |
§ 182-32
|
$50
|
$100
|
$250
|
Standards
| |
§ 182-33
|
$50
|
$100
|
$250
|
Sanitary facilities
| |
§ 182-34
|
$50
|
$100
|
$250
|
Mechanical requirements
| |
§ 182-35
|
$50
|
$100
|
$250
|
Electrical requirements
| |
§ 182-36
|
$50
|
$100
|
$250
|
Means of egress standards
| |
§ 182-37
|
$50
|
$100
|
$250
|
Lodging units
| |
§ 182-38
|
$50
|
$100
|
$250
|
Number of exitways
| |
§ 182-39
|
$50
|
$100
|
$250
|
Egress doors
| |
§ 182-40
|
$50
|
$100
|
$250
|
Fire escapes and ladders
| |
§ 182-41
|
$50
|
$100
|
$250
|
Smoke detectors/alarm devices
| |
§ 182-42
|
$50
|
$100
|
$250
|
Fire suppression systems
| |
§ 170-2
|
$100
|
$250
|
Court appearance
|
FS license required
| |
§ 170-5 He-P 2303.01 + .02(a)-(o)
|
$100
|
$250
|
$500
|
CV 01-Food source, condition, spoilage
| |
§ 170-5 He-P 2304.04-22
|
$100
|
$250
|
$500
|
CV 03-Food protection-PHF meets temp requirements
| |
§ 170-5 He-P 2304.23+24
|
$100
|
$250
|
$500
|
CV 04-Food protection-facilities maintain product temps
| |
§ 170-5 He-P 2304.29-35
|
$100
|
$250
|
$500
|
CV 07-Food protection-unwrapped + PHF not re-served
| |
§ 170-5 He-P 2305.01-05
|
$100
|
$250
|
$500
|
CV 11-Personnel with infections restricted
| |
§ 170-5 He-P 2305.06-08
|
$100
|
$250
|
$500
|
CV 12-Personnel-hands washed and good hygienic practices
| |
§ 170-5 He-P 2310.03
|
$100
|
$250
|
$500
|
CV 20-Food equip. + utensils-sanitized, etc.
| |
§ 170-5 He-P 2311
|
$100
|
$250
|
$500
|
CV 27-Water source-hot and cold
| |
§ 170-5 He-P 2312
|
$100
|
$250
|
$500
|
CV 28-Sewage and waste water disposal
| |
§ 170-5 He-P 2313.02
|
$100
|
$250
|
$500
|
CV 30-Plumbing-cross connection, backflow, etc.
| |
§ 170-5 Plu 700 + He-P 2314.01-03
|
$100
|
$250
|
$500
|
CV 31-Toilet + hand washing facilities
| |
§ 170-5 He-P 2316
|
$100
|
$250
|
$500
|
CV 35-Insect, rodent animal control
| |
§ 170-5 He-P 2321
|
$100
|
$250
|
$500
|
CV 41-Other operations-toxic items
| |
Chap. 105 Art. II
|
$50
|
$100
|
$200
|
Building violation
| |
Chap. 105 Art. III
|
$50
|
$100
|
$200
|
Mechanical violation
| |
Chap. 105 Art. IV
|
$50
|
$100
|
$200
|
Plumbing violation
| |
Chap. 105 Art. V
|
$50
|
$100
|
$200
|
Electrical violation
| |
§ 190-146
|
$200
|
$400
|
Court appearance
|
Site plan violation
| |
§ 190-135
|
$200
|
$400
|
Court appearance
|
Subdivision plan violation
| |
§ 190-15
|
$100
|
$200
|
Court appearance
|
Zoning use violation
| |
§ 190-16
|
$100
|
$200
|
Court appearance
|
Zoning dimensional violation
| |
Chap. 190, Art. X
|
$100
|
$200
|
Court appearance
|
Sign violation
| |
Chap. 190, Art. XI
|
$100
|
$200
|
Court appearance
|
Wetlands violation
| |
Chap. 190, Art. VII
|
$100
|
$200
|
Court appearance
|
Floodplain violation
| |
Chap. 156 Art. IV NFPA 1
|
$200
|
$400
|
Court appearance
|
Exceeding occupancy capacity of the posted place of assembly
permit
| |
Chap. 156 Art. IV NFPA 17A
|
$100
|
$200
|
Court appearance
|
Failure to maintain kitchen hood suppression system
| |
Chap. 156 Art. IV NFPA 96
|
$100
|
$200
|
Court appearance
|
Failure to maintain cooking hood and ventilation system
| |
Chap. 156 Art. IV NFPA 25
|
$150
|
$300
|
Court appearance
|
Failure to maintain the building's water-based fire protection
system
| |
Chap. 156 Art. IV NFPA 72
|
$150
|
$300
|
Court appearance
|
Failure to maintain the building's fire alarm system
|
(2)Â
If any penalty set forth in Table 4-1 is not paid within 10 days
of the date the citation was issued, the penalty shall be the amount
set forth in Table 4-1 of this subsection plus $50 up to a maximum
of $1,000.
C.Â
Second and subsequent offenses are offenses that occur within 12
months of the first offense.
Whenever any person fails to pay any penalty imposed pursuant to a citation issued under the authority granted by this chapter, § 1-12 or § 1-13, such person shall be guilty of a violation and shall, upon conviction, be punished by a fine not to exceed the maximum allowed by RSA 47:17 or other applicable law for each offense. Each citation penalty which is not paid shall constitute a separate offense. If the administrative enforcement system established in the Code is unsuccessful at resolving alleged violations, a summons may be issued as otherwise provided by law, including use of the procedure for plea by mail set forth in RSA 31:39-d.