County Code Section 24.1

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)