ARTICLE I. IN GENERAL
Sec. 24.1-109.
Administration, enforcement, and penalties.
(a) The zoning administrator
or designated agent is hereby authorized, on behalf of the board, to administer and
enforce this chapter. Such authority shall include the ability to make official
interpretations of this chapter and the zoning maps as described in section 24.1-110 and
to order, in writing, the remedy of any condition found in violation of this chapter, and
the ability to bring legal action to ensure compliance with its provisions, including
injunction, abatement, or other appropriate action or proceeding.
(b) All departments, officials and
employees of the county which are vested with duty or authority to issue permits or
licenses shall conform to the provisions of this chapter. They shall issue permits for
uses, buildings or purposes only when they are consistent with the provisions of this
chapter. Any such permits, if issued in conflict with the provisions of this article,
shall be null and void.
(c) Penalties. Violating, causing,
or permitting the violation of, or otherwise disregarding any of the provisions of this
chapter by any person, firm or corporation, whether as principal, agent, owner, lessee,
employee or other similar position shall be unlawful and is subject to the following:
(1)
Criminal sanctions. Upon conviction, any such violation shall be a
misdemeanor punishable by a fine of not less than ten dollars
($10.00) nor more than one thousand dollars ($1,000.00). If the
violation is uncorrected at the time of the conviction, the court
may order the violator to abate or remedy the violation in
compliance with the zoning ordinance, within a time period
established by the court. Failure to remove or abate a zoning
violation within the specified time period shall constitute a
separate misdemeanor offense punishable by a fine of not less than
ten dollars ($10.00) nor more than one thousand dollars ($1,000.00),
and any such failure during any succeeding thirty (30) day period
shall constitute a separate misdemeanor offense for each thirty (30)
day period punishable by a fine of not less than ten dollars
($10.00) nor more than one thousand dollars ($1,000.00).
(2) Injunctive relief--any violation or attempted violation of
this chapter may be restrained, corrected or abated, as the case may be, by injunction or
other appropriate proceedings for relief.
(3) Civil fines:
a. Any person summoned or issued a ticket for a violation of
this chapter listed in subsection (b) below may make an appearance in person or in writing
by mail to the county treasurer prior to the date fixed for trial in court. Any person so
appearing may enter a waiver of trial, admit liability and pay the civil penalty
established in this section for the offense charged, in lieu of criminal sanctions. Such
persons shall be informed of their right to stand trial and that a signature to an
admission of liability will have the same force and effect as a judgment of court. If a
person charged with scheduled violation does not elect to enter a waiver of trial and
admit liability, the violation shall be tried in the general district court in the same
manner and with the same right of appeal as provided by law.
b. A civil penalty is
hereby established for a violation of any offense listed below in the amount of one
hundred dollars ($100.00) for any one (1) violation for the initial summons and
two
hundred fifty ($250.00) for each additional summons:
1. Constructing, placing, erecting, installing or maintaining an accessory
structure in violation of section 24.1-270 et seq.
2. Constructing, placing, erecting
or displaying a sign in violation of section 24.1-700 et seq.
3. Erecting, altering, or changing
use or occupancy of any building, structure, or premises without first obtaining a zoning
certificate or certificate of zoning compliance in violation of section 24.1-107.
4. Failure to perpetuate and
maintain all landscaping, screening, and fencing materials required by this chapter in
violation of section 24.1-242.
5. Operating, conducting or
maintaining a home occupation in violation of Article II – Division 8, Home
Occupations.
6. Occupying, or permitting to be
occupied, a single-family dwelling by more than four (4) unrelated individuals in
violation of the definition of "Family" in section 24.1-104.
7.
Failure to observe the requirements for keeping sight triangles, as described in section
24.1-220(b), free of obstructions.
c. Each day during which a
violation is found to exist shall be a separate offense. However, in no event shall
specified violations arising from the same set of operative facts be charged more
frequently than once in a ten (10) day period and in no event shall a series of such
violations result in civil penalties which exceed a total of more than
five thousand
dollars ($5,000.00).
d. No provisions herein
shall be construed to allow the imposition of civil penalties for:
1. enforcement of the
Uniform Statewide Building Code;
2. activities related to land
development;
3. violations of the erosion and
sediment control ordinance;
4. violations relating to the
posting of signs on public property
or public rights-of-way; or
5. violations resulting in injury to any person or
persons.
(Ord. No. O97-18, 6/4/97)(Ord. No. O98-18, 10/7/98)(Ord.
No. 03-31, 8/5/03) |