(A) In accordance with VA Code § 15.2-2286 (A)(5), any person, firm or corporation, whether as principal agent, employee or otherwise, violating or causing or permitting the violation of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, may be fined not less than $10 nor more than $1,000. If the violation is uncorrected at the time of conviction, the court shall order the violator to abate or remedy the violation in compliance with this chapter 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 $10 nor more than $1,000, and such failure during any succeeding 30 day period shall constitute a separate misdemeanor offense for each 30 day period punishable by a fine of not less than $10 nor more than $1,000.
(B) Civil Penalties. The Zoning Administrator may, in accordance with VA Code § 15.2-2209, impose civil penalties against any person, firm or corporation, whether as principal agent, employee or otherwise, for violating or causing or permitting the violation of the following sections of this chapter: §§ 154.2.190 through 154.2.999. The schedule of offenses does not include any zoning violation resulting in injury to any persons.
(1) The existence of these civil penalties shall not preclude the Zoning Administrator from taking action pursuant to VA Code § 15.2-2286(A)(4) or the Board of Supervisors under VA Code § 15.2-2208.
(2) The civil penalty for any one violation shall be $200 for the initial summons and $500 for each additional summons. Each day during which the violation is found to have existed shall constitute a separate offense. However, specified violations arising from the same operative set of facts shall not be charged more frequently than once in any 10-day period. The maximum penalty for specified violations arising for the same operative set of facts shall be $5,000. Violations designated above shall be in lieu of criminal sanctions. The schedule of offenses is uniform for each type of violation.
(3) The Zoning Administrator or his/her deputy may issue a civil summons for a violation on the schedule of offenses. Any person summoned or issued a ticket for a scheduled violation may make an appearance in person or in writing by mail to the department of finance or the treasure of the locality 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 for the offense charged. 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.
(4) If a person charged with a 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 for by law. In any trial for a scheduled violation authorized by this section, it shall be the burden of the county to establish the liability of the violator by a preponderance of the evidence. An admission of liability or finding of liability shall not be a criminal conviction for any purpose.
(5) No provision herein shall be construed to allow the imposition of civil penalties:
(a) For activities related to land development; or
(b) For violation of any provision of this chapter relating to the posting of signs on public property or public rights-of-way.
(Ord. passed 4-12-2016)