Vermont Statutes Title 24 Sec. 5008
Terms Used In Vermont Statutes Title 24 Sec. 5008
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Enforcing officer: means the head, or his or her duly authorized representative, of the division, bureau, office, department, or agency responsible for enforcing and administering any ordinance or regulation adopted under this chapter. See
- Fees: shall mean earnings due for official services, aside from salaries or per diem compensation. See
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Municipality: means a city, town, or incorporated village. See
- Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
- Plaintiff: The person who files the complaint in a civil lawsuit.
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
§ 5008. Court proceedings
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.)