Vermont Statutes Title 20 Sec. 2906
Terms Used In Vermont Statutes Title 20 Sec. 2906
- Commissioner: means the Commissioner of Public Safety. See
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Department: means the Department of Public Safety. See
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
- public building: includes , in addition to the definition in subdivision (8) of this section, a cooperative or condominium if the building otherwise meets the definition of "covered multifamily dwelling. See
- Unit: means a self-contained portion of a public building under the control of the owner or lessee of the public building, such as a retail store in a shopping complex or a restaurant in an office building. See
§ 2906. Administration and enforcement
(a) The Department of Public Safety shall enforce the provisions of this chapter relating to facilities for persons with disabilities and shall adopt rules which are necessary for the performance of its duties under this chapter.
(b) Any person may file a complaint with the Commissioner of Public Safety alleging that a public building or unit is out of compliance with the provisions of this chapter. The Commissioner shall investigate the complaint, and if substantiated, shall order that the public building or unit be brought into compliance with the provisions of this chapter within a reasonable period of time. Notwithstanding the foregoing, the Commissioner may establish a priority system for the investigation and enforcement of this chapter.
(c) Any person who fails to carry out an order or condition attached to an approval shall be fined not more than $200.00 per day, not to exceed a maximum of $10,000.00, until compliance is effected.
(d) On application by the Commissioner, the Superior Court for the county in which a violation of any rule adopted or any order issued under this chapter occurs shall have jurisdiction to enjoin or restrain the violation. An election by the Commissioner to proceed under this subsection shall not limit or restrict the Commissioner’s authority under this or other subchapters.
(e) The Commissioner may assess penalties under section 2734 of this title against a person who violates this chapter or any rule adopted under this chapter. (Added 2003, No. 141 (Adj. Sess.), § 5, eff. April 1, 2005.)