Vermont § 4454 - Enforcement; limitations

§ 4454. 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, 4451, or 4452 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, except that the 15-year limitation for instituting an action, injunction,
  or enforcement proceeding shall not apply to any action, injunction, or enforcement
  proceeding instituted for a violation of chapter 61, subchapter 10. 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 that 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 4449(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 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 any of the following: (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. (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, 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 2003, No. 115 (Adj. Sess.), § 101; amended 2009, No. 93 (Adj. Sess.), § 3a.)