Part 4 — Unusual Situations
47 Emergency
grounds, of the opinion that there is an imminent serious danger to
persons or property because of any thing, process or activity to
which this Act applies or because of a fire hazard or risk of an
explosion, the officer may take any action that the officer considers
necessary to remove or reduce the danger.
RSA 2000
(2) An action taken under subsection (1) may include ordering the
evacuation of persons from the affected premises and
disconnecting or requiring the disconnection of an electrical, gas,
sewage or plumbing system.
(3) A safety codes officer may request the assistance of a police
officer, a peace officer or any other person as the safety codes
officer considers appropriate when taking an action under
subsection (1).
(4) If an action is taken under subsection (1) in respect of land that
is not Metis patented land, the local authority may place an amount
equal to the expense incurred in carrying out the action on the tax
roll as an additional tax against the land concerned, and that
amount
(a) forms a lien on the land in favour of the local authority,
(b) is, for all purposes, deemed to be a tax imposed and
assessed on the land and in arrears under the Municipal
Government Act from the date the amount was placed on the
tax roll, and
(c) the Municipal Government Act applies for the purposes of
the enforcement, collection and recovery of that amount.
(5) If an action is taken under subsection (1) by a safety codes
officer appointed under section 33(1) or (6), or in respect of a
subject-matter that is not under the administration of an accredited
municipality or an accredited regional services commission, an
amount equal to the expense incurred in carrying out the
investigation is a debt due to the Crown jointly and severally by the
owners of the land concerned, but those persons may only include
(a) the owners of the land co ncerned as registered under the
Land Titles Act, or
(b) in the case of Metis patented land, the persons registered in
the Metis Settlements Land Registry as owners of the Metis
title, provisional Metis title or an allotment in the land.
(6) Nothing in this section precludes the owners of the land
concerned from seeking indemnity from a third party for the
removal or reduction of a danger or any expense incurred in
carrying out an investigation.
RSA 2000 cS-1 s47;2015 c10 s21
RSA 2000