Vermont H 646: An act relating to various studies regarding the minimum wage and modernizing Vermont’s wage and hour laws

Bill Text

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VT LEG #386180 v.2
H.646 1
Introduced by Representative Satcowitz of Randolph 2
Referred to Committee on 3
Date: 4
Subject: Municipal and county government; regulatory provisions; police 5
power of municipalities; miscellaneous regulatory powers; 6
enumeration of powers; uninhabitable building; residential tax 7
subclass 8
Statement of purpose of bill as introduced: This bill proposes to authorize 9
municipalities to assess an annual fee on property that is determined to be 10
uninhabitable pursuant to 24 V.S.A. § 2291(24). 11
An act relating to creating a residential property tax subclass for 12
uninhabitable buildings 13
It is hereby enacted by the General Assembly of the State of Vermont: 14
* * * Municipal Rules Governing Habitability; Assessment of Fee * * * 15
Sec. 1. 20 V.S.A. § 2736 is amended to read: 16
§ 2736. MUNICIPAL ENFORCEMENT 17
* * * 18
(g) The Commissioner of Public Safety, in consultation with the 19
Commissioner of Health, shall publish guidance and model rules for municipal 20

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determinations of habitability pursuant to 24 V.S.A. § 2291(24). The model 1
rules shall define habitability, incorporate existing State law governing 2
building and fire safety, describe the bases for determining health and safety 3
hazards, and include a recommended administrative appeals process. 4
Sec. 2. COMMISSIONER OF PUBLIC SAFETY; PUBLICATION OF 5
MODEL RULES 6
On or before November 15, 2026, the Commissioner of Public Safety shall 7
publish the guidance and model rules required by 20 V.S.A. § 2736(g) on the 8
Department’s website and submit copies of the guidance and model rules to the 9
House Committee on Government Operations and Military Affairs and the 10
Senate Committee on Government Operations. 11
Sec. 3. 24 V.S.A. § 2291 is amended to read: 12
§ 2291. ENUMERATION OF POWERS 13
For the purpose of promoting the public health, safety, welfare, and 14
convenience, a town, city, or incorporated village shall have the following 15
powers: 16
* * * 17
(24)(A) Upon the determination by a municipal building inspector, 18
health officer, or fire marshal, or other municipal official designated by the 19
legislative body that a building within the boundaries of the town, city, or 20
incorporated village is uninhabitable, to: 21

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(i) apply the uninhabitable property fee to the property pursuant to 1
section 1539 of this title until the date that the property is maintained or 2
repaired; or 3
(ii) recover all expenses incident to the maintenance of the 4
uninhabitable building with the expenses to constitute a lien on the property in 5
the same manner and to the same extent as taxes assessed on the grand list, and 6
all procedures and remedies for the collection of taxes shall apply to the 7
collection of those expenses; provided, however, that the. 8
(B) A town, city, or incorporated village has adopted shall adopt 9
rules to determine governing the habitability of a building and the process for 10
determining habitability, including provisions for: 11
(i) criteria for determining the habitability of a building, including: 12
(I) evidence of desertion or abandonment of the property; 13
(II) boarded-up or secured portions of the building; 14
(III) any existing orders or notices that state that the building is 15
unfit for habitation; and 16
(IV) partially constructed or demolished portions of a building 17
that have not been completed and bear evidence of abandonment; 18
(ii) notice in accordance with 32 V.S.A. § 5252(3) 5252(a)(3) to 19
the building’s owner prior to incurring expenses and including provisions for 20
or applying the uninhabitable property fee to the property; and 21

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(iii) an administrative appeals process. 1
(C) A town, city, or incorporated village may adopt the model rules 2
published by the Commissioner of Public Safety as its rules governing the 3
habitability of a building pursuant to subdivision (B) of this subdivision (24). 4
* * * 5
* * * Authority to Impose Fee; Abatement * * * 6
Sec. 4. 24 V.S.A. § 1535 is amended to read: 7
§ 1535. ABATEMENT 8
(a) The board may abate in whole or part taxes, water charges, sewer 9
charges, interest, collection fees, or any other municipal charges or fees for 10
utilities or services, or any combination of those, other than those arising out of 11
a corrected classification of homestead or nonhomestead property, accruing to 12
the town in the following cases: 13
* * * 14
(7) uninhabitable property fees assessed on property that the owner 15
subsequently maintained or repaired; 16
* * * 17
Sec. 5. 24 V.S.A. § 1539 is added to read: 18
§ 1539. UNINHABITABLE PROPERTY FEE 19
(a) The legislative body of a city, town, or incorporated village may impose 20
an annual fee on uninhabitable properties within the municipality. The annua