2006 Code of Virginia § 15.2-2209 - Civil penalties for violations of zoning ordinance

15.2-2209. Civil penalties for violations of zoning ordinance.

Notwithstanding provision 5 of 15.2-2286, any locality may adopt anordinance which establishes a uniform schedule of civil penalties forviolations of specified provisions of the zoning ordinance. The schedule ofoffenses shall not include any zoning violation resulting in injury to anypersons, and the existence of a civil penalty shall not preclude action bythe zoning administrator under provision 4 of 15.2-2286 or action by thegoverning body under 15.2-2208.

This schedule of civil penalties shall be uniform for each type of specifiedviolation, and the penalty for any one violation shall be a civil penalty ofnot more than $200 for the initial summons and not more than $500 for eachadditional summons. Each day during which the violation is found to haveexisted shall constitute a separate offense. However, specified violationsarising from the same operative set of facts shall not be charged morefrequently than once in any 10-day period, and a series of specifiedviolations arising from the same operative set of facts shall not result incivil penalties which exceed a total of $5,000. Designation of a particularzoning ordinance violation for a civil penalty pursuant to this section shallbe in lieu of criminal sanctions, and except for any violation resulting ininjury to persons, such designation shall preclude the prosecution of aviolation as a criminal misdemeanor.

The zoning administrator or his deputy may issue a civil summons as providedby law for a scheduled violation. Any person summoned or issued a ticket fora scheduled violation may make an appearance in person or in writing by mailto the department of finance or the treasurer of the locality prior to thedate fixed 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 by law. In any trial for a scheduled violation authorized bythis section, it shall be the burden of the locality to show the liability ofthe violator by a preponderance of the evidence. An admission of liability orfinding of liability shall not be a criminal conviction for any purpose.

No provision herein shall be construed to allow the imposition of civilpenalties (i) for activities related to land development or (ii) forviolation of any provision of a local zoning ordinance relating to theposting of signs on public property or public rights-of-way.

(1985, c. 417, 15.1-499.1; 1986, c. 97; 1987, cc. 78, 99; 1988, cc. 513,813, 869, 895; 1989, c. 566; 1990, cc. 473, 495; 1992, c. 298; 1993, c. 823;1994, c. 342; 1995, c. 494; 1996, c. 421; 1997, c. 587; 2003, c. 192; 2006,c. 248.)