Bill Text: NH SB334 | 2022 | Regular Session | Introduced
Bill Title: Establishing a committee to study property blight in New Hampshire cities and towns.
Spectrum: Moderate Partisan Bill (Democrat 8-2)
Status: (Passed) 2022-06-08 - Signed by the Governor on 06/07/2022; Chapter 0167; Effective 06/07/2022 [SB334 Detail]
Download: New_Hampshire-2022-SB334-Introduced.html
SB 334-LOCAL - AS INTRODUCED
2022 SESSION
22-3082
10/05
SENATE BILL 334-LOCAL
AN ACT enabling municipalities to establish a vacant building registry.
SPONSORS: Sen. Prentiss, Dist 5; Sen. Watters, Dist 4; Sen. Whitley, Dist 15; Sen. Sherman, Dist 24; Sen. Perkins Kwoka, Dist 21; Sen. Soucy, Dist 18; Sen. Carson, Dist 14; Rep. Cloutier, Sull. 10; Rep. Stavis, Graf. 13; Rep. Stapleton, Sull. 5
COMMITTEE: Election Law and Municipal Affairs
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ANALYSIS
This bill allows municipalities by vote of the governing body to establish a registration of certain vacant and abandoned properties.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
22-3082
10/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Two
AN ACT enabling municipalities to establish a vacant building registry.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Chapter; Vacant Building Registry. Amend RSA by inserting after chapter 204-D the following new chapter:
CHAPTER 204-E
VACANT BUILDING REGISTRY
204-E:1 Definitions. In this chapter:
I. "Responsible party" means the title holder of a vacant and abandoned property or a creditor responsible for the maintenance of a property.
II. "Street address" means an address at which a natural person who is the responsible party or an authorized agent actually resides or actively uses for business purposes, and shall include a street name or rural delivery route.
III. "Vacant and abandoned property" means any residential or commercial real estate which is not legally occupied by a mortgagor or tenant, which is in such condition that it cannot be legally reoccupied, and at which at least 2 of the following conditions exist:
(a) Overgrown or neglected vegetation;
(b) The accumulation of newspapers, circulars, flyers, or mail on the property;
(c) Disconnected gas, electric, or water utility services to the property;
(d) The accumulation of hazardous, noxious, or unhealthy substances or materials on the property;
(e) The accumulation of junk, litter, trash, or debris on the property;
(f) The absence of window treatments such as blinds, curtains, or shutters;
(g) The absence of furnishings and personal items;
(h) Statements of neighbors, delivery persons, or government employees indicating that the property is vacant and abandoned;
(i) Windows or entrances to the property that are boarded up or closed off, or multiple window panes that are damaged, broken, and unrepaired;
(j) Doors to the property that are smashed through, broken off, unhinged, or continuously unlocked;
(k) A risk to the health, safety, or welfare of the public or any adjoining or adjacent property owners due to acts of vandalism, loitering, criminal conduct, or the physical destruction or deterioration of the property;
(l) An uncorrected violation of a municipal building, housing, or similar code during the preceding year, or an order by municipal authorities declaring the property to be unfit for occupancy and to remain vacant and unoccupied;
(m) The mortgagee or other authorized party has secured or winterized the property due to the property being deemed vacant and unprotected or in danger of freezing;
(n) A written statement issued by a mortgagor expressing the clear intent of all mortgagors to abandon the property; or
(o) Any other reasonable indicia of abandonment.
204-E:2 Application of Chapter; Local Adoption Required. The provisions of this chapter shall be in force in such town or city as may adopt the same by vote of the governing body, which shall perform all the duties and possess all the powers conferred by this chapter.
204-E:3 Certificate of Registration. The responsible party for a vacant and abandoned property that is vacant and abandoned on the effective date of the adoption of this chapter by the governing body shall file a certificate of registration with the planning board, or the responsible entity designated by the governing body, of the municipality in which the property is located within 30 days after such effective date. The responsible party for a property that becomes vacant and abandoned subsequent to the effective date of the adoption of this chapter shall file a certificate of registration with the planning board, or the responsible entity designated by the governing body, of the municipality in which the property is located within 90 days after the property becomes vacant and abandoned or within 30 days after the responsible party assumes ownership of or responsibility for an already vacant and abandoned property, whichever is later. The certificate of registration shall be filed on forms developed and adopted by the local municipal government, including:
I.(a) The name, street address, and telephone number of a natural person who resides or maintains an office within the state and who is either the responsible party or an authorized agent designated by the responsible party to receive notices and complaints of property maintenance and code violations on behalf of the responsible party;
(b) The name, street address, and telephone number of the person responsible for maintaining the property, if different; and
(c) Evidence of any liability insurance required by an ordinance adopted pursuant to subparagraph IV(c).
II. A responsible party for a vacant and abandoned property shall file an amended certificate of registration within 30 days after any change in the information required to be included thereon.
III. A certificate of registration shall remain valid for one year and shall be renewed on an annual basis if the property remains vacant and abandoned.
IV. A municipality may by ordinance require that, no sooner than 45 days after the property becomes vacant and abandoned and until the property is reoccupied, the responsible party for a vacant and abandoned property:
(a) Enclose and secure the property against unauthorized entry;
(b) Post a sign affixed to the inside of the property and visible to the public indicating the name, address, and telephone number of the responsible party, any authorized agent designated by the responsible party for the purpose of receiving service of process, and the person responsible for maintaining the property if different from the responsible party or authorized agent; or
(c) Acquire and otherwise maintain liability insurance by procuring a vacancy policy, covering any damage to any person or any property caused by any physical condition of the property.
204-E:4 Enforcement. A responsible party that violates any provision of this section or any ordinance adopted pursuant hereto, shall be liable for administrative enforcement by the local municipality pursuant to RSA 31:39-c, RSA 31:39-d, or RSA 47:17-b.
2 Effective Date. This act shall take effect January 1, 2023.
