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City of Nashua, NH
Hillsborough County
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Table of Contents
Table of Contents
Code
New Laws (46) Index
A. 
Housing Code Inspectors shall direct their attention primarily to dwellings based on:
(1) 
Citizen complaints;
(2) 
Exterior inspections, where they have reasonable cause to believe there are housing code violations present;
(3) 
Target areas of the City given priority by the Community Development Division.
B. 
As circumstances allow, there may be systematic inspections of all other buildings.
No person shall occupy as owner-occupant or let for occupancy any structure or premises or part thereof unless that part of the structure and all common parts are in compliance with the standards established by this chapter, except that certain sections of this chapter may otherwise delegate responsibility.
A. 
Whenever the Housing Inspector determines that there has been or is a violation, or that there are reasonable grounds to believe that there has been or is a violation of any provision of this chapter, he shall give notice of such violation or alleged violation to the person or persons responsible therefor. Such notice shall:
(1) 
Be in writing;
(2) 
Include a description of the real estate sufficient for identification;
(3) 
Specify the violation which exists and the remedial action required;
(4) 
Allow a reasonable time for the performance of any act it requires.
B. 
Notices of violation, complaints, or orders shall be deemed to be properly served upon the person responsible for an alleged violation if a copy thereof is delivered to him personally, or left at his usual place of abode or business with a person of suitable age and discretion who shall be informed of the contents thereof, or sent by first-class mail to his last known address, or posted in a conspicuous place on or about the premises affected, or served, delivered or published in any other way reasonably calculated to provide actual notice.
C. 
Notice of violation under this section includes warnings and citations issued pursuant to § 182-24 of this chapter.
A. 
Generally. The head of the Code Enforcement Department and his designee may issue warnings or citations to any person, natural or otherwise, including but not limited to any owner, landlord, agent, tenant, lessee or sublessee, who shall violate a provision of this chapter or permit, allow or suffer any violation of this chapter, or who fails to comply with an order or orders issued in accordance with the provisions of this chapter. Such warnings or citations may be employed as either substitution for or preliminary to and without limitation to other remedies available to the City. Such warnings and citations shall be in accordance with the procedures established by the head of the Code Enforcement Department.
B. 
Action on warnings. Warnings shall be written upon standard forms authorized by the head of the Code Enforcement Department. Warnings shall specify the reason for the warning and shall direct abatement of such condition which caused the issuance of such warnings within a reasonable and certain period of time. Where warnings elicit compliance as directed, the Code Official may cause such warnings to be filed without further action.
C. 
Action on citations. Citations shall be written upon standard forms authorized by the head of the Code Enforcement Department. Citations shall specify the reason for the citation and shall direct abatement of such conditions which cause the issuance of such citations within a reasonable and certain period of time. Where citations elicit compliance as directed, the Code Official may cause such citations to be filed without further action after applicable fees, as provided by this chapter, have been paid.[1]
[1]
Editor’s Note: Former Subsection D, Fees for citations, which immediately followed, was repealed 6-14-2016 by Ord. No. O-16-003.
In case any order is not promptly complied with the Housing Inspector may request the City's legal representative to enforce the penalty provisions of this chapter or to institute an appropriate action or proceeding at law or in equity against the person responsible for the violation, ordering him to:
A. 
Restrain, correct or remove the violation or refrain from any further execution or work;
B. 
Restrain or correct the erection, installation or alteration of such building;
C. 
Require the removal of work in violation;
D. 
Prevent the occupation or use of the building, structure, or part thereof erected, constructed, installed or altered in violation of, or not in compliance with, the provisions of this chapter, or in violation of a plan or specification under which an approval, permit or certificate was issued.
[Amended 6-14-2016 by Ord. No. O-16-003]
Any person who shall violate any provision of this chapter shall, upon conviction thereof, be punished as provided in § 1-12 of the City Code. Every day a violation continues after due notice has been served in accordance with the terms and provisions of this chapter shall be deemed a separate offense.
A. 
No person shall threaten or take reprisal against any tenant of any dwelling for reporting a violation or suspected violation of this chapter to the Code Enforcement Department or to any board having as its objective the enforcement of this chapter or for organizing or joining a tenants union or council or similar organization. The receipt by any tenant of any notice of termination of tenancy for reasons other than nonpayment of rent or willful damage to the property by the tenant, or the notice of increase in rent, or of notice of substantial alteration in the terms of tenancy, within six months after making of a report or complaint of violation or suspected violation of this chapter or the organizing or joining of a tenants union or council shall create a rebuttable presumption that such notice is a reprisal against the tenant for such activity.
B. 
No person shall threaten or take reprisal against any landlord for reporting a violation or suspected violation of this chapter to the Code Enforcement Department.