Vermont Statutes Annotated

Vt. Stat. Ann. tit. 18, § 130 (2026)

✓ current as of May 2026

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(Cite as: 18 V.S.A. § 130)

§ 130. Civil enforcement

(a) The Commissioner, or a local board of health, may bring an action in the Superior Court of the county in which a violation or a public health hazard or public health risk has occurred or is occurring, to enforce the provisions of this title, or the rules, permits, or orders issued pursuant to this title, including the terms of an assurance of discontinuance entered into under section 125 of this title.

(b) The court may grant temporary and permanent injunctive relief and may exercise all the powers available to it, including:

(1) Enjoining future activities that may contribute to a public health hazard or a public health risk.

(2) Ordering remedial actions to be taken to mitigate a public health risk or to remove or destroy a public health hazard.

(3) Ordering the design, construction, installation, and operation of facilities designed to mitigate a public health risk or to ensure compliance with any permit issued under this chapter.

(4) Fixing and ordering compensation for any public or private property destroyed or damaged.

(5) Ordering reimbursement from any person who caused governmental expenditures for the investigation and mitigation of the public health risk or the investigation, abatement, or removal of public health hazards.

(6) Levying civil penalties not to exceed $10,000.00 for each violation. In the case of a continuing violation, each day’s continuance may be deemed a separate violation. (Added 1985, No. 267 (Adj. Sess.), § 14; amended 2017, No. 74, § 25; 2023, No. 6, § 96, eff. July 1, 2023.)

Notes of Decisions

Cited in 4 cases (2 in the last 5 years), 2016–2026 · leading case: Town of Milton Bd. of Health v. Armand Brisson, 2016 VT 56 (Vt. 2016).

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Town of Milton Bd. of Health v. Armand Brisson, 2016 VT 56 (Vt. 2016). · cites it 22× “” The court set a status conference for mid-October 2013 to determine whether defendant had “completed repairs sufficient to meet the concerns raised by the Town under 18 V.S.A. § 130 of hazards to the public health.”

Depot Square Pizzeria, LLC v. Dep't of Taxes, 169 A.3d 204 (Vt. 2017). “¶ 33 ("[O]ur review of the record, including the superior court's findings, does not reveal the type of bad-faith conduct that makes this an exceptional case in which the interests of justice supports a divergence from the American Rule as to attorney's fees.”

Brattleboro v. Hunter (Vt. Super. Ct. 2026). · cites it 3× “The Town may then seek to enforce any further order pursuant to 18 V.S.A. § 130. By skipping this necessary first step, the Town is calling on the court to take actions that must be initiated by the executive branch.”

Brattleboro v. Hunter (Vt. Super. Ct. 2026). · cites it 2× “01, 2014) (Pearson, Supr. J.). A local Board of Health “may bring an action in the Superior Court … to enforce the provisions of this title, or the rules, permits, or orders issued pursuant to this title….”

— Vt. Stat. Ann. tit. 18, § 130(a) — 3 cases

Town of Milton Bd. of Health v. Armand Brisson, 2016 VT 56 (Vt. 2016). “” The court set a status conference for mid-October 2013 to determine whether defendant had “completed repairs sufficient to meet the concerns raised by the Town under 18 V.S.A. § 130 of hazards to the public health.”

Brattleboro v. Hunter (Vt. Super. Ct. 2026). “The Town may then seek to enforce any further order pursuant to 18 V.S.A. § 130. By skipping this necessary first step, the Town is calling on the court to take actions that must be initiated by the executive branch.”

Brattleboro v. Hunter (Vt. Super. Ct. 2026). “01, 2014) (Pearson, Supr. J.). A local Board of Health “may bring an action in the Superior Court … to enforce the provisions of this title, or the rules, permits, or orders issued pursuant to this title….”

— Vt. Stat. Ann. tit. 18, § 130(b) — 3 cases

Town of Milton Bd. of Health v. Armand Brisson, 2016 VT 56 (Vt. 2016). “” The court set a status conference for mid-October 2013 to determine whether defendant had “completed repairs sufficient to meet the concerns raised by the Town under 18 V.S.A. § 130 of hazards to the public health.”

Brattleboro v. Hunter (Vt. Super. Ct. 2026). “The Town may then seek to enforce any further order pursuant to 18 V.S.A. § 130. By skipping this necessary first step, the Town is calling on the court to take actions that must be initiated by the executive branch.”

Brattleboro v. Hunter (Vt. Super. Ct. 2026). “01, 2014) (Pearson, Supr. J.). A local Board of Health “may bring an action in the Superior Court … to enforce the provisions of this title, or the rules, permits, or orders issued pursuant to this title….”

— Vt. Stat. Ann. tit. 18, § 130(b)(5) — 2 cases

Town of Milton Bd. of Health v. Armand Brisson, 2016 VT 56 (Vt. 2016). “” The court set a status conference for mid-October 2013 to determine whether defendant had “completed repairs sufficient to meet the concerns raised by the Town under 18 V.S.A. § 130 of hazards to the public health.”

Depot Square Pizzeria, LLC v. Dep't of Taxes, 169 A.3d 204 (Vt. 2017). “¶ 33 ("[O]ur review of the record, including the superior court's findings, does not reveal the type of bad-faith conduct that makes this an exceptional case in which the interests of justice supports a divergence from the American Rule as to attorney's fees.”

— Vt. Stat. Ann. tit. 18, § 130(b)(6) — 1 case

Town of Milton Bd. of Health v. Armand Brisson, 2016 VT 56 (Vt. 2016). “” The court set a status conference for mid-October 2013 to determine whether defendant had “completed repairs sufficient to meet the concerns raised by the Town under 18 V.S.A. § 130 of hazards to the public health.”

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