Part 4 — General Inspections and Orders
62 Order
with this section if the executive officer has reasonable and
probable grounds to believe, based on
(a) an inspection of a public pl ace under section 59 or a private
place under section 60, or
(b) a report or test, regardless of whether the report or test is
required to be produced or performed under this Act, if a
public place or private place was not inspected under section
59 or 60,
that a nuisance exists in or on the public place or private place, or
that the place or owner of the place or any other person is in
contravention of this Act or the regulations.
RSA 2000
(2) An order shall be served on the person to whom it is directed
and shall set out the reasons it was made, what the person is
required to do and the time within which it must be done.
(3) Where the order is directed to a person who is not the
registered owner, a copy of it shall also be served forthwith on the
registered owner.
(4) An order may include, but is not limited to, provisions for the
following:
(a) requiring the vacating of the place or any part of it;
(b) declaring the place or any pa rt of it to be unfit for human
habitation;
(c) requiring the closure of the place or any part of it;
(d) requiring the doing of work specified in the order in, on or
about the place;
(e) requiring the removal from the place or the vicinity of the
place of anything that the order states causes a nuisance;
(f) requiring the destruction of anything specified in the order;
(g) prohibiting or regulating the selling, offering for sale,
supplying, distributing, displaying, manufacturing,
preparing, preserving, processing, packaging, serving,
storing, transporting or handling of any food or thing in, on,
to or from the place.
(5) Where the delay necessary to put an order under this section in
writing will or is likely to increase substantially the hazard to the
health of any person, the executive officer may issue the order
orally.
(6) As soon as is reasonably possible after issuing an oral order
under subsection (5), the executive officer shall serve a written
version of the order in accordance with subsections (2) and (3).
(7) Where an order is issued under subsection (4)(a), (b) or (c), the
executive officer shall ensure that a copy of the order, or in the case
of an oral order, a notice of the requirements of the order, is posted
in a conspicuous place at, on or near the public place or private
place to which the order relates.
(8) A regional health authority shall maintain a record of all orders
issued under subsection (4)(a), (b) or (c) and shall make the record
RSA 2000
available for inspection by the public during the business hours of
the main office of the regional health authority.
(9) If, in the course of an inspection under this Act, the executive
officer is of the opinion that a condition of emergency exists due to
the existence of a nuisance, the executive officer may,
notwithstanding anything in this Act, forthwith take any steps the
executive officer considers appropriate to remove or lessen the
nuisance.
RSA 2000 cP-37 s62;2021 c15 s29