reglab/housing_qa huggingface dataset:
NH Rev Stat § 155-B:9 (2021)
2021 New Hampshire Revised Statutes|Title XII - Public Safety and Welfare|Title 155-B - Hazardous and Dilapidated Buildings|Section 155-B:9 - Enforcement of Judgment.

    155-B:9 Enforcement of Judgment. –||I. If a judgment is not complied with in the time prescribed, the governing body may cause the building to be repaired, razed, or removed as set forth in the judgment. The cost of such repairs, razing, or removal shall be a lien against the real estate on which the building is located and may be levied and collected in the same manner as provided in RSA 80 for tax liens. When the building is razed or removed by the municipality, the governing body may sell the salvage and valuable materials at public auction upon 3 days' posted notice.||II. If the value of the subject real estate is deemed by the municipality to have insufficient value, based on the current tax assessment, to cover the cost of repairs, razing, or removal, the governing body may place a lien for the balance of the cost on any other real property in the state that is owned by the same owner, which additional lien may be levied and collected in the same manner as provided in RSA 80 for tax liens; provided that RSA 80:59 giving such liens priority over all other liens shall not apply. The municipal lien shall be subordinate to any lien of record on such real property.|||Source. 1967, 334:1. 2008, 293:2, eff. June 27, 2008.|
NH Rev Stat § 155-B:9-a (2021)
2021 New Hampshire Revised Statutes|Title XII - Public Safety and Welfare|Title 155-B - Hazardous and Dilapidated Buildings|Section 155-B:9-a - Municipal Lien on Owner's Interest in Property Insurance Proceeds.

    155-B:9-a Municipal Lien on Owner's Interest in Property Insurance Proceeds. –||If the value of the subject real estate is deemed by the municipality to have insufficient value, based on the current tax assessment, to cover the cost of repairs, razing, or removal, and the owner has no other real property within the state, a municipality may assert a lien on the owner's interest in any real property insurance proceeds that are payable as a result of the damage or destruction of that property owner's real property located in the municipality. The lien shall be for the estimated cost to repair, raze, or remove the damaged structure, whichever of those options is the least expensive, minus the value in the remaining real property based on the current tax assessments. The municipal lien shall be subordinate to any lien holder of record, and to any rights, title, or interest in such real property insurance proceeds in favor of any lender holding a mortgage on such real property and who was named as an additional insured or loss payee, by means of loss payable endorsement or otherwise, on any policy of insurance insuring such real property. The insurer's obligations under this section shall commence upon its receipt of a copy of the order under RSA 155-B:4, and a statement of the estimated lien amount allowed under this section, and shall apply only to insurance proceeds held by the insurer as of that date and due to be paid to the owner. The lien, the estimated cost of which shall be approved by the court, shall be for the purpose of reimbursing the municipality for all costs permitted to be recovered by it under RSA 155-B if the municipality elects to demolish the property. Any unexpended funds from the lien shall be returned to the property owner. The property owner shall, within 72 hours of the receipt of a written request by the municipality, provide the municipality with the names, addresses, agents, and policy numbers of all insurance companies which have provided the property owner with insurance on the property. The lien shall automatically expire if the owner rebuilds or demolishes the real property in the manner required by this chapter and the municipality shall provide a written release of the lien to the insurer and the property owner. The insurer shall distribute all proceeds due to the property owner that exceed the lien amount allowed under this section. The municipality shall release the lien in order to permit payment for repairs, razing, or removal of the building.|||Source. 2008, 293:3, eff. June 27, 2008.|
NH Rev Stat § 155-B:10 (2021)
2021 New Hampshire Revised Statutes|Title XII - Public Safety and Welfare|Title 155-B - Hazardous and Dilapidated Buildings|Section 155-B:10 - Statement of Monies Received.

    155-B:10 Statement of Monies Received. –||The municipality shall keep an accurate account of the expenses incurred in carrying out the order and of all other expenses theretofore incurred in connection with its enforcement, including specifically, but not exclusively, filing fees, service fees, publication fees, appraisers' fees, witness fees, including expert witness fees, and traveling expenses incurred by the municipality from the time the order was originally made, and shall credit thereon the amount, if any, received from the sale of the salvage, or building or structure, and shall report its action under the order, with a statement of monies received and expenses incurred to the court for approval and allowance. Thereupon the court shall examine, correct, if necessary, and allow the expense account, and, if the amount received from the sale of the salvage, or of the building or structure, does not equal or exceed the amount of expenses as allowed, the court shall by its judgment certify the deficiency in the amount so allowed to the municipal clerk for collection. The owner or other party in interest shall pay the same, without penalty added thereon, and in default of payment by December 1, the clerk shall certify the amount of the expense to the collector for entry on the tax lists as a charge against the real estate on which the building is or was situated and the same shall be collected in the same manner as other taxes and the amount so collected shall be paid into the municipal treasury. If the amount received for the sale of the salvage or of the building or structure exceeds the expense incurred by the municipality as allowed by the court, and if there are no delinquent taxes, the court shall direct the payment of the surplus to the owner or the payment of the same into court, as provided in this chapter. If there are delinquent taxes against the property, the court shall direct the payment of the surplus to the municipal treasurer to be applied to such taxes.|||Source. 1967, 334:1, eff. Sept. 1, 1967.|
NH Rev Stat § 155-B:11 (2021)
2021 New Hampshire Revised Statutes|Title XII - Public Safety and Welfare|Title 155-B - Hazardous and Dilapidated Buildings|Section 155-B:11 - Payment, Tender, Deposit in Court.

    155-B:11 Payment, Tender, Deposit in Court. –||The net proceeds of a sale under RSA 155-B:9 or 12 shall be paid to persons designated in the judgment in the proportions as their interests shall appear therein. Acceptance of such payment shall be taken as a waiver of all objections to the payment and to the proceedings leading thereto on the part of the payee and of all persons for whom he is lawfully empowered to act. In case any party to whom a payment of damages is made be not a resident of the state, or his place of residence be unknown, or he be an infant or other person under legal disability, or, being legally capable, refuses to accept payment, or if for any reason it be doubtful to whom any payment should be paid, the municipality may pay the same to the clerk of court to be paid out under the direction of the court; and, unless an appeal be taken such deposit with the clerk shall be deemed a payment of the award.|||Source. 1967, 334:1, eff. Sept. 1, 1967.|
NH Rev Stat § 155-B:12 (2021)
2021 New Hampshire Revised Statutes|Title XII - Public Safety and Welfare|Title 155-B - Hazardous and Dilapidated Buildings|Section 155-B:12 - Personal Property of Fixtures.

    155-B:12 Personal Property of Fixtures. –||If any building ordered razed, removed, or made safe and sanitary by repairs contains personal property or fixtures which will unreasonably interfere with the razing, removal, or repair of such building, or if the razing or removal of the building makes necessary the removal of such personal property or fixtures, the original order of the governing body may direct the removal of such personal property or fixtures within a reasonable time. If the property or fixtures are not removed by the time specified, and the governing body subsequently desires to enforce a judgment under the provisions of this chapter, it may sell the same at public auction as provided in RSA 155-B:9 or if without appreciable value, the governing body may destroy the same.|||Source. 1967, 334:1, eff. Sept. 1, 1967.|
NH Rev Stat § 155-B:13 (2021)
2021 New Hampshire Revised Statutes|Title XII - Public Safety and Welfare|Title 155-B - Hazardous and Dilapidated Buildings|Section 155-B:13 - Hazardous Excavations.

    155-B:13 Hazardous Excavations. –||If in any city or town, an excavation for building purposes is left open for more than 6 months without proceeding with the erection of a building thereon, whether or not completed, or if any excavation or basement is not filled to grade or otherwise protected after a building is destroyed, demolished or removed, the governing body may order such excavation to be filled or protected or in the alternative that erection of a building begin forthwith if the excavation is for building purposes. The order shall be served upon the owner or his agent in the manner provided by RSA 155-B:4. If the owner of the land fails to comply with the order within 15 days after the order is served upon him, the governing body shall cause the excavation to be filled to grade or protected and the cost shall be charged against the real estate as provided in RSA 155-B:9.|||Source. 1967, 334:1, eff. Sept. 1, 1967.|
NH Rev Stat § 155-B:14 (2021)
2021 New Hampshire Revised Statutes|Title XII - Public Safety and Welfare|Title 155-B - Hazardous and Dilapidated Buildings|Section 155-B:14 - Local Acts and Charter Provisions.

    155-B:14 Local Acts and Charter Provisions. –||The provisions of this chapter are supplementary to other statutory and charter provisions and do not limit the authority of any city or town to enact and enforce ordinances on the same subject.|||Source. 1967, 334:1, eff. Sept. 1, 1967.|
NH Rev Stat § 155-B:15 (2021)
2021 New Hampshire Revised Statutes|Title XII - Public Safety and Welfare|Title 155-B - Hazardous and Dilapidated Buildings|Section 155-B:15 - Appeal.

    155-B:15 Appeal. –||A party aggrieved by the judgment of a municipal or district court upon issue joined in such case may, within 15 days after the rendition of the judgment, appeal to the superior court therefrom and the superior court shall hear said appeal forthwith.|||Source. 1967, 334:1, eff. Sept. 1, 1967.|
NH Rev Stat § 155-E:1 (2021)
2021 New Hampshire Revised Statutes|Title XII - Public Safety and Welfare|Title 155-E - Local Regulation Excavations|Section 155-E:1 - Definitions.

    155-E:1 Definitions. –||In this chapter:||I. "Earth" means sand, gravel, rock, soil or construction aggregate produced by quarrying, crushing or any other mining activity or such other naturally-occurring unconsolidated materials that normally mask the bedrock.||II. "Excavation" means a land area which is used, or has been used, for the commercial taking of earth, including all slopes.||III. "Regulator" means:||(a) The planning board of a city or town, or if a town at an annual or special meeting duly warned for the purpose so provides, the selectmen of the town or the board of adjustment; or||(b) If there is no planning board, the selectmen of the town or the legislative body of the city; or||(c) The county commissioners if the land area is in an unincorporated place.||IV. "Dimension stone" means rock that is cut, shaped, or selected for use in blocks, slabs, sheets, or other construction units of specified shapes or sizes and used for external or interior parts of buildings, foundations, curbing, paving, flagging, bridges, revetments, or for other architectural or engineering purposes. Dimension stone includes quarry blocks from which sections of dimension stone are to be produced. Dimension stone does not include earth as defined in RSA 155-E:1, I.||V. "Excavation site" means any area of contiguous land in common ownership upon which excavation takes place.||VI. "Excavation area" means the surface area within an excavation site where excavation has occurred or is eligible to occur under the provisions of this chapter.|||Source. 1979, 481:2. 1988, 285:6, 7. 1989, 363:2. 1991, 310:3. 2002, 103:9, eff. April 1, 2002 at 12:01 a.m.|
NH Rev Stat § 155-E:2-a (2021)
2021 New Hampshire Revised Statutes|Title XII - Public Safety and Welfare|Title 155-E - Local Regulation Excavations|Section 155-E:2-a - Other Exceptions.

    155-E:2-a Other Exceptions. –||I. No permit shall be required for the following types of excavations:||(a) Excavation that is exclusively incidental to the construction or alteration of a building or structure or the construction or alteration of a parking lot or way including a driveway on a portion of the premises where the removal occurs; provided, however, that no such excavation shall be commenced without a permit under this chapter unless all state and local permits required for the construction or alteration of the building, structure, parking lot, or way have been issued.||(b) Excavation that is incidental to agricultural or silvicultural activities, normal landscaping, or minor topographical adjustment.||(c) Excavation from a granite quarry for the purpose of producing dimension stone, if such excavation requires a permit under RSA 12-E.||II. A person owning land abutting a site which was taken by eminent domain or by any other governmental taking upon which construction is taking place may stockpile earth taken from the construction site and may remove the earth at a later date after written notification to the appropriate local official.|||Source. 1989, 363:4, eff. Aug. 4, 1989.|
NH Rev Stat § 155-E:3 (2021)
2021 New Hampshire Revised Statutes|Title XII - Public Safety and Welfare|Title 155-E - Local Regulation Excavations|Section 155-E:3 - Application for Permit.

    155-E:3 Application for Permit. –||Any owner or owner's designee subject to this chapter shall, prior to excavation of his land, apply to the regulator in each city or town involved for a permit for excavation. If the area subject to this chapter is situated in an unincorporated place application shall be made to the county commissioners. The applicant shall also send a copy of the application to the conservation commission, if any, of the city or town. Such application shall be signed and dated by the applicant and shall contain at least the following information:||I. The name and address of the owner of the land to be excavated, the person who will actually do the excavating and all abutters to the premises on which the excavation is proposed;||II. A sketch and description of the location and boundaries of the proposed excavation, the number of acres to be involved in the project and the municipalities and counties in which the project lies;||III. A sketch and description of the access and visual barriers to public highways to be utilized in the proposed excavation;||IV. The breadth, depth and slope of the proposed excavation and the estimated duration of the project;||V. The elevation of the highest annual average groundwater table within or next to the proposed excavation;||VI. A plan for the reclamation of the area affected by the excavation at least in compliance with RSA 155-E:5 and RSA 155-E:5-a. Such plan shall address the effects of the proposed excavation on soil, surface water and groundwater, vegetation, overburden, topography, and fill material, and may address future land use consistent with the approved master plan, and shall include a timetable for reclamation of fully depleted areas within the excavation site during said project;||VI-a. Specific actions to be taken by the applicant on the excavation site relative to fuel and chemical handling and storage, dust control, traffic, noise control and abatement, and comprehensive site safety of unauthorized persons; and||VII. Such other information or other special investigative studies as the regulator may reasonably deem necessary.|||Source. 1979, 481:2. 1989, 363:5. 1991, 310:10, 11. 1996, 141:2, eff. Jan. 1, 1997.|
NH Rev Stat § 155-E:4 (2021)
2021 New Hampshire Revised Statutes|Title XII - Public Safety and Welfare|Title 155-E - Local Regulation Excavations|Section 155-E:4 - Prohibited Projects.

    155-E:4 Prohibited Projects. –||The regulator shall not grant a permit:||I. Where the excavation would violate the operational standards of RSA 155-E:4-a;||II. For excavation within 50 feet of the boundary of a disapproving abutter or within 10 feet of the boundary of an approving abutter unless approval is requested by said abutter;||III. When the excavation is not permitted by zoning or other applicable ordinance, provided, however, that in municipalities which have commercial earth resources on unimproved land within their boundaries, and which do not provide for opportunities for excavation of some of these resources in at least some, but not necessarily all areas within the municipality, or in municipalities which have zoning ordinances which do not address the subject of excavations, excavation shall be deemed to be a use allowed by special exception as provided in RSA 674:33, IV, in any non-residential areas of the municipality, and the zoning board of adjustment shall grant such a special exception upon a finding that:||(a) The excavation will not cause a diminution in area property value or unreasonably change the character of the neighborhood;||(b) The excavation will not unreasonably accelerate the deterioration of highways or create safety hazards in the use thereof;||(c) The excavation will not create any nuisance or create health or safety hazards; and||(d) The excavation complies with such other special exception criteria as may be set out in applicable local ordinances.||IV. When the issuance of the permit would be unduly hazardous or injurious to the public welfare;||V. Where existing visual barriers in the areas specified in RSA 155-E:3, III would be removed, except to provide access to the excavation;||VI. Where the excavation would substantially damage a known aquifer, so designated by the United States Geological Survey;||VII. When the excavation requires land use permits from state or federal agencies; but the regulator may approve the application when all necessary land use permits have been obtained; or||VIII. Where the project cannot comply with the reclamation provisions of RSA 155-E:5 and 155-E:5-a.|||Source. 1979, 481:2. 1989, 138:5; 363:6-8. 1991, 310:12, 13, eff. Aug. 23, 1991.|
NH Rev Stat § 155-E:4-a (2021)
2021 New Hampshire Revised Statutes|Title XII - Public Safety and Welfare|Title 155-E - Local Regulation Excavations|Section 155-E:4-a - Minimum and Express Operational Standards.

    155-E:4-a Minimum and Express Operational Standards. –||It shall be a violation of this chapter for any person to excavate, or for any owner to permit excavation on his excavation site, when such excavation is subject to a permit under this chapter, without complying with the following minimum standards or when such excavation is not subject to a permit under this chapter pursuant to RSA 155-E:2 without complying with the following express standards:||I. No excavation shall be permitted below road level within 50 feet of the right of way of any public highway as defined in RSA 229:1 unless such excavation is for the purpose of said highway.||II. No excavation shall be permitted within 50 feet of the boundary of a disapproving abutter, within 150 feet of any dwelling which either existed or for which a building permit has been issued at the time the excavation is commenced.||II-a. No excavation shall be permitted within 75 feet of any great pond, navigable river, or any other standing body of water 10 acres or more in area or within 25 feet of any other stream, river or brook which normally flows throughout the year, or any naturally occurring standing body of water less than 10 acres, prime wetland as designated in accordance with RSA 482-A:15, I or any other wetland greater than 5 acres in area as defined by the department of environmental services.||III. Vegetation shall be maintained or provided within the peripheral areas required by paragraphs I and II.||IV. Drainage shall be maintained so as to prevent the accumulation of free-standing water for prolonged periods. Excavation practices which result in continued siltation of surface waters or any degradation of water quality of any public or private water supplies are prohibited.||V. No fuels, lubricants, or other toxic or polluting materials shall be stored on-site unless in compliance with state laws or rules pertaining to such materials.||VI. Where temporary slopes will exceed a grade of 1:1, a fence or other suitable barricade shall be erected to warn of danger or limit access to the site.||VII. Prior to the removal of topsoil or other overburden material from any land area that has not yet been excavated, the excavator shall file a reclamation bond or other security as prescribed by the regulator, sufficient to secure the reclamation of the land area to be excavated.||VIII. Nothing in this chapter shall be deemed to supersede or preempt applicable environmental standards or permit requirements contained in other state laws, and no exemption under this chapter shall be construed as an exemption from any other state statute.|||Source. 1989, 363:9. 1991, 310:14-17. 1996, 296:36, eff. Aug. 9, 1996.|
NH Rev Stat § 155-E:5 (2021)
2021 New Hampshire Revised Statutes|Title XII - Public Safety and Welfare|Title 155-E - Local Regulation Excavations|Section 155-E:5 - Minimum and Express Reclamation Standards.

    155-E:5 Minimum and Express Reclamation Standards. –||Within 12 months after the expiration date in a permit issued under this chapter, or of the completion of any excavation, whichever occurs first, the owner of the excavated land shall have completed the reclamation of the areas affected by the excavation to meet each of the following minimum standards or when such excavation is not subject to a permit under this chapter pursuant to RSA 155-E:2, to meet each of the following express standards:||I. Except for exposed rock ledge, all areas which have been affected by the excavation or otherwise stripped of vegetation shall be spread with topsoil or strippings, if any, but in any case covered by soil capable of sustaining vegetation, and shall be planted with seedlings or grass suitable to prevent erosion. Areas visible from a public way, from which trees have been removed, shall be replanted with tree seedlings, set out in accordance with acceptable horticultural practices.||II. Earth and vegetative debris resulting from the excavation shall be removed or otherwise lawfully disposed of.||III. All slopes, except for exposed ledge, shall be graded to natural repose for the type of soil of which they are composed so as to control erosion or at a ratio of horizontal to vertical proposed by the owner and approved by the regulator. Changes of slope shall not be abrupt, but shall blend with the surrounding terrain.||IV. The elimination of any standing bodies of water created in the excavation project as may constitute a hazard to health and safety.||V. The topography of the land shall be left so that water draining from the site leaves the property at the original, natural drainage points and in the natural proportions of flow. For excavation projects which require a permit from the department of environmental services pursuant to RSA 485-A:17, the provisions of that statute, and rules adopted under it, shall supersede this paragraph as to areas of excavation sites covered thereby. The excavator shall file a copy of permits issued under RSA 485-A:17 with the regulator.|||Source. 1979, 481:2. 1989, 363:10. 1991, 310:18-20. 1996, 228:108, eff. July 1, 1996.|