15.2-730 - Civil penalties for violations of zoning ordinance.
§ 15.2-730. Civil penalties for violations of zoning ordinance.
Notwithstanding subdivision A 5 of § 15.2-2286, a county may adopt anordinance which establishes a uniform schedule of civil penalties forviolations of specified provisions of the zoning ordinances regulating thestorage of junk and the repair of motor vehicles. Such schedule of offensesshall not include any zoning violation resulting in injury to any person, andthe existence of a civil penalty shall not preclude action by the zoningadministrator under subdivision A 4 of § 15.2-2286 or action by the governingbody under § 15.2-2208.
This schedule of civil penalties may allow for progressively higher penaltiesfor subsequent offenses whether or not the subsequent offenses arise from thesame set of operative facts; however, the penalty for any one violation shallbe a fine of not more than fifty dollars. Each day during which the violationis found to have existed shall constitute a separate offense. However, in noevent shall specified violations arising from the same operative set of factsbe charged more frequently than once in any ten-day period, and in no eventshall a series of specified violations arising from the same operative set offacts result in civil penalties which exceed a total of $250. Designation ofa particular zoning ordinance violation for a civil penalty pursuant to thissection shall be in lieu of criminal sanctions, and except for any violationresulting in injury to any person, such designation shall preclude theprosecution of a violation as a criminal misdemeanor.
Any person summoned for a scheduled violation may make an appearance inperson or in writing by mail to the treasurer of the county prior to the datefixed for trial in court. Any person so appearing may enter a waiver oftrial, admit liability, and pay the civil penalty established for the offensecharged. Such persons shall be informed of their right to stand trial andthat a signature to an admission of liability will have the same force andeffect as a judgment of court.
If a person charged with a scheduled violation does not elect to enter awaiver of trial and admit liability, the violation shall be tried in thegeneral district court in the same manner and with the same right of appealas provided for in Title 8.01. In any trial for a scheduled violationauthorized by this section, it shall be the burden of the county to show theliability of the violator by a preponderance of the evidence. An admission ofliability or finding of liability shall not be a criminal conviction for anypurpose.
No provision herein shall be construed to allow the imposition of civilpenalties: (i) for enforcement of the Uniform Statewide Building Code; (ii)for activities related to land development or activities related to theconstruction or repair of buildings and other structures; or (iii) forviolation of any provision of a local zoning ordinance relating to theposting of signs on public property or public rights-of-way.
(1985, c. 415, § 15.1-687.8; 1992, c. 298; 1997, c. 587.)