2005 Vermont Code - § 4496. — Enforcement; limitations

§ 4496. Enforcement; limitations

(a) An action, injunction, or other enforcement proceeding relating to the failure to obtain or comply with the terms and conditions of any required municipal land use permit may be instituted under section 1974a, 4444, or 4445 of this title against the alleged offender if the action, injunction, or other enforcement proceeding is instituted within 15 years from the date the alleged violation first occurred and not thereafter. The burden of proving the date the alleged violation first occurred shall be on the person against whom the enforcement action is instituted.

(b) No action, injunction, or other enforcement proceeding may be instituted to enforce an alleged violation of a municipal land use permit which received final approval from the applicable board, commissioner, or officer of the municipality after July 1, 1998, unless the municipal land use permit or a notice of the permit generally in the form provided for in subsection 1154(c) of this title was recorded in the land records of the municipality as required by subsection 4443(c) of this title.

(c) Nothing in this section shall prevent any action, injunction or other enforcement proceeding by a municipality under any other authority it may have, including, but not limited to, a municipality's authority under Title 18, relating to the authority to abate or remove public health risks or hazards.

(d)(1) As used in this section, "person" means:

(A) an individual, partnership, corporation, association, unincorporated organization, trust or other legal or commercial entity, including a joint venture or affiliated ownership;

(B) a municipality or state agency; or

(C) individuals and entities affiliated with each other for profit, consideration, or any other beneficial interest derived from real estate.

(2) The following individuals and entities shall be presumed not to be affiliated with a person for the purpose of profit, consideration or other beneficial interest within the meaning of this section, unless there is substantial evidence of an intent to evade the purposes of this section:

(A) a stockholder in a corporation shall be presumed not to be affiliated with a person, solely on the basis of being a stockholder if the stockholder owns, controls or has a beneficial interest in less than five percent of the outstanding shares in the corporation;

(B) an individual shall be presumed not to be affiliated with a person, solely for actions taken as an agent of another within the normal scope of duties of a court appointed guardian, a licensed attorney, real estate broker or salesperson, engineer or land surveyor, unless the compensation received or beneficial interest obtained as a result of these duties indicates more than an agency relationship;

(C) a seller or chartered lending institution shall be presumed not to be affiliated with a person, solely for financing all or a portion of the purchase price at rates not substantially higher than prevailing lending rates in the community. (Added 1997, No. 125 (Adj. Sess.), § 4; amended 1999, No. 46, § 7, eff. May 26, 1999; 1999, No. 83 (Adj. Sess.), § 1, eff. April 19, 2000.)