24 V.S.A. § ___ § 5008
Court proceedings
Operative Text
If the enforcing officer finds that any person has failed to comply with any order issued by him or her within the time specified therein and that such person has failed to appeal such order within the time prescribed, he or she may notify the State’s Attorney of the county or the attorney of the municipality who shall bring suit in the name of the municipality to enforce such order. Such suit shall be brought in the Superior Court of the county in which the municipality is located and at the request of either party, the court shall advance the case so that it may be heard and determined with as little delay as possible. The court may issue a temporary injunction or order in any such proceedings and may exercise all the plenary powers available to such court to obtain compliance with the ordinance and any order issued pursuant thereto. The court may award costs of suit which may include, if the plaintiff prevails and the court deems the defense without substantial merit, the attorney’s fees incurred by the plaintiff or so much thereof as the court finds reasonable. (Added 1969, No. 270 (Adj. Sess.), eff. July 1, 1970; amended 1971, No. 81, eff. April 16, 1971; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
Under 24 V.S.A. ch. 123 § 5008, when a local enforcement officer determines that a person has not complied with a housing or building order and has not appealed it within the allowed time, the officer may refer the matter to the State's Attorney or municipal attorney, who can then file a lawsuit in Superior Court on behalf of the municipality. The court is empowered to issue temporary injunctions and use its full range of judicial powers to compel compliance with the relevant ordinance and any orders issued under it. If the municipality prevails and the court finds the defense lacked substantial merit, the court may also award attorney's fees and other costs against the non-complying party.
Plain English — not legal advice.
Property owners and managers subject to local housing or building orders in Vermont should be aware that under 24 V.S.A. ch. 123 § 5008, failure to comply with an enforcement order—or to timely appeal it—can trigger a referral to the State's Attorney or municipal attorney for court action. Compliant operators generally respond to orders within the stated deadlines, document their remediation efforts, and pursue any formal appeal through the proper channels before the appeal window closes. Because the court may award attorney's fees if a defense is found to lack substantial merit, operators typically ensure their positions are well-grounded before contesting an order in litigation.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in properties subject to unresolved enforcement orders may find it useful to know that 24 V.S.A. ch. 123 § 5008 gives municipalities a direct path to Superior Court when a property owner ignores a compliance order and fails to appeal it in time. The court can issue injunctions and exercise broad powers to compel the property to meet local ordinance standards, which can support improved housing conditions. Tenants seeking to understand how this process applies to their building may consider contacting their local municipal office, a tenant-rights organization, or Vermont Legal Aid for general information about enforcement timelines and available remedies.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 18, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
Rules and statutes that cite this regulation