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(EDITOR'S NOTE: Section 1410.05 was repealed by Ordinance 03-06, passed July 7, 2003.)
(EDITOR'S NOTE: Section 1410.06 was repealed by Ordinance 03-06, passed July 7, 2003.)
(EDITOR'S NOTE: Section 1410.07 was repealed by Ordinance 03-06, passed July 7, 2003.)
(a) Generally. The Department of Building and Development through the "Building Official" is hereby designated the local building department for the purposes of enforcement of the "New Construction Code," and the unsafe structures provisions of the "Property Maintenance Code" of the Uniform Statewide Building Code. The Department of Building and Development through the "Building Maintenance Official" is hereby further designated as the enforcing agency with respect to those portions of the "Property Maintenance Code," of the Uniform Statewide Building Code, which are identified and adopted in this chapter, unless enforcement is expressly assigned to another agency.
(b) Administration. The Building Official and the Building Maintenance Official shall establish such procedures or requirements with regards to their respective sections of the Code as may be necessary for the administration and enforcement of this chapter.
(Ord. 87-09. Passed 7-20-87; Ord. 91-23. Passed 9-17-91; Ord. 03-06. Passed 7-8-03; Ord. 04-18. Passed 9-7-04.)
(a) All permits issued under this chapter requiring the payment of a fee, shall be issued by the Building Official or his designated agent.
(b) A schedule of fees shall apply to permits issued under this chapter and plan reviews, which shall include fees allowed under the Virginia Code. This schedule will be published and updated, as needed, by the Department of Building and Development, and is set forth in Appendix A
of this chapter.
(c) For new buildings and commercial additions, the fee shall be based on the Building Valuation Data Report as published in the Building Official and Code Administrator Magazine, to be updated July 1 of each year to conform to the latest published Building Valuation Data Report. Type R4 fees shall be the same as R3. This fee includes all associated trade permit fees. For all other permits under this chapter, fees shall be established and amended from time to time by the Board of Supervisors.
(d) Notwithstanding the provisions of this chapter, the Loudoun County Government, Loudoun County Public Schools, the incorporated Towns within Loudoun County, Loudoun County Sanitation Authority, and the Fire and Rescue Companies serving Loudoun County shall be exempt from fees collected pursuant to this chapter.
(Ord. 03-06. Passed 7-8-03; Ord. 22-07. Passed 7-14-21.)
The County Board of Building Code Appeals is hereby designated as the board to hear appeals arising from the enforcement of the "New Construction Code," and those portions of the "Property Maintenance Code" of the Uniform Statewide Building Code, that the Department of Building and Development is responsible for regulation and enforcement pursuant to this chapter. No appeal to the State Building Code Technical Review Board shall lie prior to a final determination by the County Board of Building Code Appeals.
(Ord. 87-09. Passed 7-20-87; Ord. 03-06. Passed 7-8-03; Ord. 04-18. Passed 9-7-04.)
(a) Any violation of this chapter may be deemed a civil violation in lieu of criminal sanctions and upon an admission or finding of liability, shall be punishable to the fullest extent as allowed by the Code of Virginia or by a fine of one hundred dollars ($100.00) for the first violation and one hundred fifty dollars ($150.00) for each additional violation, whichever is greater. Each day during which the violation is found to have existed shall constitute a separate offense. However, in no event shall specified violations arising from the same operative set of facts be charged more frequently than once in any ten-day period, and in no event shall a series of specified civil violations arising from the same operative set of facts result in civil penalties which exceed the amount allowed under the Virginia Code, or a total of three thousand dollars ($3,000.00), whichever is greater. Nothing in this chapter shall be construed as to prohibit the Building Official or the Building Maintenance Official from initiating civil injunction procedures in cases of repeat offenses or health and safety matters.
(b) After having served a notice of violation on any person or entity committing or permitting a violation under this chapter and if such violation has not ceased within such reasonable time as is specified in said notice, the Building Official, the Building Maintenance Official, or the designated personnel shall cause two copies of the summons or ticket to be sent via certified mail to such person or entity. If the person or entity complies in writing to a notice of violation, and agrees in writing to cease such violation, no further penalty fines shall be levied after the date of said agreement, provided the agreement is fully complied with within the time specified in said agreement.
(c) The summons shall provide that any person or entity summoned for a violation may elect to pay the civil penalty by making an appearance in person or in writing to the County Treasurer's office at least 72 hours prior to the time and date fixed for trial and enter a waiver of trial, admit liability, and pay the civil penalty established for the offense charged. Such summons shall provide that a signature to an admission of liability shall have the same force and effect as a judgment of court, however, said admission is limited to civil actions and shall not be deemed an admission in a criminal proceeding.
(d) If a person or entity charged with a violation does not elect to enter a waiver of trial and admit liability, the violation shall be tried in general district court in the same manner and with the same right of appeal as provided by law.
(Ord. 82-07. Passed 5-17-82; Ord. 03-06. Passed 7-8-03; Ord. 04-18. Passed 9-7-04.)
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