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 de-scribed 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 appro-priate action or
proceeding. In specific cases, the zoning administrator may make
findings of fact and, with the concurrence of the county attorney,
conclusions of law regarding determinations of vested rights in a
land use accruing under Code of Virginia section 15.2-2307 and
article VIII of this chapter, or Code of Virginia section 15.2-2311
(C) relative to allowable modifications to previous orders,
requirements, decisions or determinations of the zoning
administrator or other county official.
The zoning administrator or his agent may present sworn testimony to
a magistrate or court of competent jurisdiction and, if such sworn
testimony establishes probable cause that a zoning ordinance
violation within a dwelling unit has occurred, may request that the
magistrate or court grant the zoning administrator or his agent an
inspection warrant to enable the zoning administrator or his agent
to enter the subject dwelling unit for the purpose of determining
whether violations of the zoning ordinance exist. The zoning
administrator or his agent shall make a reasonable effort to obtain
consent from the owner or tenant of the subject dwelling prior to
seeking the issuance of an inspection warrant pursuant to this
section.
Whenever the zoning administrator has reasonable cause to believe
that any per-son has engaged in or is engaging in any violation of
any provision of this chapter that limits occupancy in a residential
dwelling unit, which is subject to a civil penalty as prescribed in
subsection (c) below, and the zoning administrator, after a good
faith effort to obtain the data or information necessary to
determine whether a violation has occurred, has been unable to
obtain such information, he may request that the county attorney
petition the judge of the general district court for a subpoena
duces tecum against any such person refusing to produce such data or
information. The judge of the court, upon good cause shown, may
cause the subpoena to be issued. Any person failing to comply with
such subpoena shall be subject to punishment for contempt by the
court issuing the subpoena. Any person so subpoenaed may apply to
the judge who issued the subpoena to quash it.
(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 is-sued 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 ten (10) day period shall constitute a
separate misdemeanor offense for each ten (10) day period punishable by a fine of not less
than one hundred ($100.00) nor more than one thousand five hundred dollars ($1,500.00).
Any conviction resulting from a violation of the provisions
regulating the number of unrelated persons living as a “family” in a residential dwelling shall
be punishable by a fine of up to
$2,000. Failure to abate the violation within the specified
time period shall be punishable by a fine of up to $5,000, and any subsequent failure during any
succeeding 10-day period shall constitute a separate misdemeanor offense for each 10-day
period punishable by a fine of up to $7,500. However, no such fine shall accrue against an
owner or managing agent of a single-family residential dwelling unit during the pendency
of any legal action commenced by such owner or managing agent of such dwelling unit against
a tenant to eliminate an
overcrowding condition in accordance with Chapter 13 or Chapter 13.2
of Title 5 as
applicable. A conviction resulting from a violation of
provisions regulating the number of
unrelated individuals in a residential dwelling unit shall not be
punishable by a jail term. (reference
Section 15.2-2286.A.5., COV)
(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 two hundred dollars ($200.00)
for any one (1) violation for the initial summons and five hundred
($500.00) for each additional summons:
1.
Constructing, placing, erecting, installing, maintaining, operating,
or establishing an
accessory structure or use 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. 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). When such civil penalties total $5,000 or more, the violation may be
prosecuted as a criminal misdemeanor.
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; Ord. No. 08-17(R), 3/17/09; Ord. No. 09-15,
8/18/09) |
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