(A) If the Zoning Administrator finds that any of the provisions of this chapter are being or have been violated, he/she shall have all authority authorized under VA Code, Title 15.2, Chapter 22, Article VII, including, but not limited to, those powers set forth in VA Code §§ 15.2-2286 and 15.2-2299, to ensure compliance with and the enforcement of this chapter.
(B) The Zoning Administrator is authorized to take whatever legal measures are necessary to ensure compliance with and/or prevent further violation of the provisions of this chapter, including, but not limited to, the issuance of notices of violation and/or cease and desist orders, the filing in appropriate courts of enforcement actions for declaratory, injunctive, abatement, and/or other relief.
(C) Consistent with these powers, the Zoning Administrator may, as one of many enforcement methods, notify in writing by certified mail or in person the landowner and/or person responsible for such violation, indicating the nature of the violation and ordering that the violation be corrected within a reasonable period of time, as determined by the Zoning Administrator, and may take any action authorized by law to insure compliance with or prevent further violation of the provisions of this chapter. The Zoning Administrator may grant an extension of the time if he/she deems such extension is justified under the specific circumstances of the case and that such extension will not cause substantial peril of life, health, or property.
(D) In accordance with VA Code § 15.2-2311, any written notice of a zoning violation or written order of the Zoning Administrator shall state that the recipient may have a right to appeal the violation notice or order within 30 days and that the decision will be final and unappealable if not appealed within 30 days.
(E) The Zoning Administrator also is authorized to refer the zoning violation matter for prosecution and penalties pursuant to VA Code § 15.2-2286 (A)(5). Anyone found to have violated this chapter shall be guilty of a misdemeanor and, upon conviction thereof, be fined not less than $10 nor more than $1,000. If the violation is uncorrected at the time of the conviction, the court shall order the violator to abate or remedy the violation in compliance with the chapter, within a time period established by the court. Failure to remove or abate the violation within the time specified by the court shall constitute a separate misdemeanor offense punishable by a fine of not less than $10 nor more than $1,000 and any such failure during any succeeding ten-day period shall constitute a separate offense for each ten-day period punishable by a fine of not less than $100 nor more than $1,500.
(Ord. passed 4-12-2016)