{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/36-106.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/36-106.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/36-106.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/36-106.html"}],"law_id":70540,"edition_id":1,"section_id":70540,"structure_id":12781,"section_number":"36-106","catch_line":"Violation a misdemeanor; civil penalty","history":"1972, c. 829; 1975, c. 367; 1991, c. 655; 1992, cc. 435, 650; 1993, c. 788; 1994, c. 342; 1995, c. 494; 1998, c. 664; 1999, cc. 251, 362, 392, 1014; 2000, c. 68; 2006, c. 746; 2007, cc. 290, 760; 2010, cc. 87, 94; 2011, cc. 118, 143; 2013, c. 529; 2024, cc. 641, 681.","full_text":"A\n\nIt shall be unlawful for any owner or any other person, firm, or corporation, on or after the effective date of any Code provisions, to violate any such provisions. Any such violation shall be deemed a misdemeanor and any owner or any other person, firm, or corporation convicted of such a violation shall be punished by a fine of not more than $2,500. If the violation remains uncorrected at the time of the conviction, the court shall order the violator to abate or remedy the violation in order to comply with the Code. Except as otherwise provided by the court for good cause shown, any such violator shall abate or remedy the violation within six months of the date of conviction. Each day during which the violation continues after the court-ordered abatement period has ended shall constitute a separate offense. Any person, firm, or corporation convicted of a second offense committed within less than five years after a first offense under this chapter shall be punished by a fine of not less than $1,000 nor more than $2,500. Any person, firm, or corporation convicted of a second offense committed within a period of five to 10 years of a first offense under this chapter shall be punished by a fine of not less than $500 nor more than $2,500. Any person, firm, or corporation convicted of a third or subsequent offense committed within 10 years of an offense under this chapter after having been at least twice previously convicted shall be punished by confinement in jail for not more than 10 days and a fine of not less than $5,000 nor more than $10,000, either or both. No portion of the fine imposed for such third or subsequent offense committed within 10 years of an offense under this chapter shall be suspended.B\n\nViolations of any provision of the Building Code, adopted and promulgated pursuant to § 36-103, that results in a dwelling not being a safe, decent and sanitary dwelling, as defined in § 25.1-400, in a locality where the local governing body has taken official action to enforce such provisions, shall be deemed a misdemeanor and any owner or any other person, firm, or corporation convicted of such a violation shall be punished by a fine of not more than $2,500. In addition, each day the violation continues after conviction or the expiration of the court-ordered abatement period shall constitute a separate offense. If the violation remains uncorrected at the time of the conviction, the court shall order the violator to abate or remedy the violation in order to comply with the Code. Except as otherwise provided by the court for good cause shown, any such violator shall abate or remedy the violation within six months of the date of conviction. Each day during which the violation continues after the court-ordered abatement period has ended shall constitute a separate offense. Any person convicted of a second offense, committed within less than five years after a first offense under this chapter shall be punished by confinement in jail for not more than five days and a fine of not less than $1,000 nor more than $2,500, either or both. Provided, however, that the provision for confinement in jail shall not be applicable to any person, firm, or corporation, when such violation involves a multiple-family dwelling unit. Any person convicted of a second offense committed within a period of five to 10 years of a first offense under this chapter shall be punished by a fine of not less than $500 nor more than $2,500. Any person convicted of a third or subsequent offense involving the same property, committed within 10 years of an offense under this chapter after having been at least twice previously convicted, shall be punished by confinement in jail for not more than 10 days and a fine of not less than $2,500 nor more than $5,000, either or both. No portion of the fine imposed for such third or subsequent offense committed within 10 years of an offense under this chapter shall be suspended.C\n\nViolations of any provision of the Building Code, adopted and promulgated pursuant to § 36-103, at a dwelling unit of a multifamily property that the local governing body has declared blighted pursuant to § 36-49.1:1 or 36-105.1:1, and where the local governing body has taken official action to enforce such provisions, shall be deemed a misdemeanor and any owner or any other person, firm, or corporation convicted of such a violation shall be punished by a fine of not more than $10,000. If the violation remains uncorrected at the time of the conviction, the court shall order the violator to abate or remedy the violation in order to comply with the Code within a time period that is determined by the court and appropriate considering the circumstances of the violation. The abatement period shall not be longer than six months. If the court fails to define an abatement period, the period shall be seven calendar days. Each day during which the violation continues after the court-ordered abatement period has ended shall constitute a separate offense.\n\t\t\tAny person, firm, or corporation convicted of a second offense committed within less than five years after a first offense under this chapter shall be punished by confinement in jail for not more than five days and a fine of not less than $2,500 nor more than $10,000, either or both.\n\t\t\tAny person, firm, or corporation convicted of a second offense committed within a period of five to 10 years of a first offense under this chapter shall be punished by a fine of not less than $1,000 nor more than $10,000. Any person, firm, or corporation convicted of a third or subsequent offense committed within 10 years of an offense under this chapter after having been at least twice previously convicted shall be punished by confinement in jail for not more than 10 days and a fine of not less than $5,000 nor more than $10,000, either or both. No portion of the fine imposed for such third or subsequent offense committed within 10 years of an offense under this chapter shall be suspended.D\n\nAny locality may adopt an ordinance which establishes a uniform schedule of civil penalties for violations of specified provisions of the Code which are not abated, or otherwise remedied through hazard control, promptly after receipt of notice of violation from the local enforcement officer.\n\t\t\tThis schedule of civil penalties shall be uniform for each type of specified violation, and the penalty for any one violation shall be a civil penalty of not more than $100 for the initial summons and not more than $350 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, and a series of specified violations arising from the same operative set of facts shall not result in civil penalties which exceed a total of $4,000. Designation of a particular Code violation for a civil penalty pursuant to this section shall be in lieu of criminal sanctions, and except for any violation resulting in injury to persons, such designation shall preclude the prosecution of a violation as a misdemeanor.\n\t\t\tAny 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 treasurer 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. As a condition of waiver of trial, admission of liability, and payment of a civil penalty, the violator and a representative of the locality shall agree in writing to terms of abatement or remediation of the violation within six months after the date of payment of the civil penalty.\n\t\t\tIf 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 locality to show 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.\n\t\t\tIf the violation concerns a residential unit, and if the violation remains uncorrected at the time of assessment of the civil penalty, the court shall order the violator to abate, or otherwise remedy through hazard control, the violation in order to comply with the Code. Except as otherwise provided by the court for good cause shown, any such violator shall abate, or otherwise remedy through hazard control, the violation within six months of the date of the assessment of the civil penalty.\n\t\t\tIf the violation concerns a nonresidential building or structure, and if the violation remains uncorrected at the time of assessment of the civil penalty, the court may order the violator to abate, or otherwise remedy through hazard control, the violation in order to comply with the Code. Any such violator so ordered shall abate, or otherwise remedy through hazard control, the violation within the time specified by the court.E\n\nAny owner or any other person, firm or corporation violating any Code provisions relating to lead hazard controls that poses a hazard to the health of pregnant women and children under the age of six years who occupy the premises shall, upon conviction, be guilty of a misdemeanor and shall be subject to a fine of not more than $2,500. If the court convicts pursuant to this subsection and sets a time by which such hazard must be controlled, each day the hazard remains uncontrolled after the time set for the lead hazard control has expired shall constitute a separate violation of the Uniform Statewide Building Code.\n\t\t\tThe landlord shall maintain the painted surfaces of the dwelling unit in compliance with the International Property Maintenance Code of the Uniform Statewide Building Code. The landlord’s failure to do so shall be enforceable in accordance with the Uniform Statewide Building Code and shall entitle the tenant to terminate the rental agreement.\n\t\t\tTermination of the rental agreement or any other action in retaliation against the tenant after written notification of (i) a lead hazard in the dwelling unit or (ii) that a child of the tenant, who is an authorized occupant in the dwelling unit, has an elevated blood lead level, shall constitute retaliatory conduct in violation of § 55.1-1258.F\n\nNothing in this section shall be construed to prohibit a local enforcement officer from issuing a summons or a ticket for violation of any Code provision to the lessor or sublessor of a residential dwelling unit, provided a copy of the notice is served on the owner.G\n\nAny prosecution under this section shall be commenced within the period provided for in § 19.2-8.","order_by":null,"text":{"0":{"id":254521,"text":"It shall be unlawful for any owner or any other person, firm, or corporation, on or after the effective date of any Code provisions, to violate any such provisions. Any such violation shall be deemed a misdemeanor and any owner or any other person, firm, or corporation convicted of such a violation shall be punished by a fine of not more than $2,500. If the violation remains uncorrected at the time of the conviction, the court shall order the violator to abate or remedy the violation in order to comply with the Code. Except as otherwise provided by the court for good cause shown, any such violator shall abate or remedy the violation within six months of the date of conviction. Each day during which the violation continues after the court-ordered abatement period has ended shall constitute a separate offense. Any person, firm, or corporation convicted of a second offense committed within less than five years after a first offense under this chapter shall be punished by a fine of not less than $1,000 nor more than $2,500. Any person, firm, or corporation convicted of a second offense committed within a period of five to 10 years of a first offense under this chapter shall be punished by a fine of not less than $500 nor more than $2,500. Any person, firm, or corporation convicted of a third or subsequent offense committed within 10 years of an offense under this chapter after having been at least twice previously convicted shall be punished by confinement in jail for not more than 10 days and a fine of not less than $5,000 nor more than $10,000, either or both. No portion of the fine imposed for such third or subsequent offense committed within 10 years of an offense under this chapter shall be suspended.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":254522,"text":"Violations of any provision of the Building Code, adopted and promulgated pursuant to § 36-103, that results in a dwelling not being a safe, decent and sanitary dwelling, as defined in § 25.1-400, in a locality where the local governing body has taken official action to enforce such provisions, shall be deemed a misdemeanor and any owner or any other person, firm, or corporation convicted of such a violation shall be punished by a fine of not more than $2,500. In addition, each day the violation continues after conviction or the expiration of the court-ordered abatement period shall constitute a separate offense. If the violation remains uncorrected at the time of the conviction, the court shall order the violator to abate or remedy the violation in order to comply with the Code. Except as otherwise provided by the court for good cause shown, any such violator shall abate or remedy the violation within six months of the date of conviction. Each day during which the violation continues after the court-ordered abatement period has ended shall constitute a separate offense. Any person convicted of a second offense, committed within less than five years after a first offense under this chapter shall be punished by confinement in jail for not more than five days and a fine of not less than $1,000 nor more than $2,500, either or both. Provided, however, that the provision for confinement in jail shall not be applicable to any person, firm, or corporation, when such violation involves a multiple-family dwelling unit. Any person convicted of a second offense committed within a period of five to 10 years of a first offense under this chapter shall be punished by a fine of not less than $500 nor more than $2,500. Any person convicted of a third or subsequent offense involving the same property, committed within 10 years of an offense under this chapter after having been at least twice previously convicted, shall be punished by confinement in jail for not more than 10 days and a fine of not less than $2,500 nor more than $5,000, either or both. No portion of the fine imposed for such third or subsequent offense committed within 10 years of an offense under this chapter shall be suspended.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":254523,"text":"Violations of any provision of the Building Code, adopted and promulgated pursuant to § 36-103, at a dwelling unit of a multifamily property that the local governing body has declared blighted pursuant to § 36-49.1:1 or 36-105.1:1, and where the local governing body has taken official action to enforce such provisions, shall be deemed a misdemeanor and any owner or any other person, firm, or corporation convicted of such a violation shall be punished by a fine of not more than $10,000. If the violation remains uncorrected at the time of the conviction, the court shall order the violator to abate or remedy the violation in order to comply with the Code within a time period that is determined by the court and appropriate considering the circumstances of the violation. The abatement period shall not be longer than six months. If the court fails to define an abatement period, the period shall be seven calendar days. Each day during which the violation continues after the court-ordered abatement period has ended shall constitute a separate offense.\n\t\t\tAny person, firm, or corporation convicted of a second offense committed within less than five years after a first offense under this chapter shall be punished by confinement in jail for not more than five days and a fine of not less than $2,500 nor more than $10,000, either or both.\n\t\t\tAny person, firm, or corporation convicted of a second offense committed within a period of five to 10 years of a first offense under this chapter shall be punished by a fine of not less than $1,000 nor more than $10,000. Any person, firm, or corporation convicted of a third or subsequent offense committed within 10 years of an offense under this chapter after having been at least twice previously convicted shall be punished by confinement in jail for not more than 10 days and a fine of not less than $5,000 nor more than $10,000, either or both. No portion of the fine imposed for such third or subsequent offense committed within 10 years of an offense under this chapter shall be suspended.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":254524,"text":"Any locality may adopt an ordinance which establishes a uniform schedule of civil penalties for violations of specified provisions of the Code which are not abated, or otherwise remedied through hazard control, promptly after receipt of notice of violation from the local enforcement officer.\n\t\t\tThis schedule of civil penalties shall be uniform for each type of specified violation, and the penalty for any one violation shall be a civil penalty of not more than $100 for the initial summons and not more than $350 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, and a series of specified violations arising from the same operative set of facts shall not result in civil penalties which exceed a total of $4,000. Designation of a particular Code violation for a civil penalty pursuant to this section shall be in lieu of criminal sanctions, and except for any violation resulting in injury to persons, such designation shall preclude the prosecution of a violation as a misdemeanor.\n\t\t\tAny 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 treasurer 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. As a condition of waiver of trial, admission of liability, and payment of a civil penalty, the violator and a representative of the locality shall agree in writing to terms of abatement or remediation of the violation within six months after the date of payment of the civil penalty.\n\t\t\tIf 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 locality to show 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.\n\t\t\tIf the violation concerns a residential unit, and if the violation remains uncorrected at the time of assessment of the civil penalty, the court shall order the violator to abate, or otherwise remedy through hazard control, the violation in order to comply with the Code. Except as otherwise provided by the court for good cause shown, any such violator shall abate, or otherwise remedy through hazard control, the violation within six months of the date of the assessment of the civil penalty.\n\t\t\tIf the violation concerns a nonresidential building or structure, and if the violation remains uncorrected at the time of assessment of the civil penalty, the court may order the violator to abate, or otherwise remedy through hazard control, the violation in order to comply with the Code. Any such violator so ordered shall abate, or otherwise remedy through hazard control, the violation within the time specified by the court.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":254525,"text":"Any owner or any other person, firm or corporation violating any Code provisions relating to lead hazard controls that poses a hazard to the health of pregnant women and children under the age of six years who occupy the premises shall, upon conviction, be guilty of a misdemeanor and shall be subject to a fine of not more than $2,500. If the court convicts pursuant to this subsection and sets a time by which such hazard must be controlled, each day the hazard remains uncontrolled after the time set for the lead hazard control has expired shall constitute a separate violation of the Uniform Statewide Building Code.\n\t\t\tThe landlord shall maintain the painted surfaces of the dwelling unit in compliance with the International Property Maintenance Code of the Uniform Statewide Building Code. The landlord’s failure to do so shall be enforceable in accordance with the Uniform Statewide Building Code and shall entitle the tenant to terminate the rental agreement.\n\t\t\tTermination of the rental agreement or any other action in retaliation against the tenant after written notification of (i) a lead hazard in the dwelling unit or (ii) that a child of the tenant, who is an authorized occupant in the dwelling unit, has an elevated blood lead level, shall constitute retaliatory conduct in violation of § 55.1-1258.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":254526,"text":"Nothing in this section shall be construed to prohibit a local enforcement officer from issuing a summons or a ticket for violation of any Code provision to the lessor or sublessor of a residential dwelling unit, provided a copy of the notice is served on the owner.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":254527,"text":"Any prosecution under this section shall be commenced within the period provided for in § 19.2-8.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"ancestry":[{"id":12781,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":12780,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":209289,"object_type":"structure","relational_id":12781,"identifier":"1","token":"36\/6\/1","url":"\/36\/6\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12780,"edition_id":1,"name":"Uniform Statewide Building Code","identifier":"6","label":"chapter","depth":2,"order_by":1,"parent_id":12779,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":209287,"object_type":"structure","relational_id":12780,"identifier":"6","token":"36\/6","url":"\/36\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12779,"edition_id":1,"name":"Housing","identifier":"36","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":208257,"object_type":"structure","relational_id":12779,"identifier":"36","token":"36","url":"\/36\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":82568,"structure_id":12781,"section_number":"36-100","catch_line":"Notice and hearings on adoption of Code, amendments and repeals","url":"\/36-100\/","token":"36\/6\/1\/36-100","metadata":false},{"id":57649,"structure_id":12781,"section_number":"36-101","catch_line":"Effective date of Code; 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modifications","url":"\/36-99\/","token":"36\/6\/1\/36-99","metadata":false},{"id":74808,"structure_id":12781,"section_number":"36-99.01","catch_line":"Provisions related to rehabilitation of existing buildings","url":"\/36-99.01\/","token":"36\/6\/1\/36-99.01","metadata":false},{"id":79369,"structure_id":12781,"section_number":"36-99.1","catch_line":"Repealed","url":"\/36-99.1\/","token":"36\/6\/1\/36-99.1","metadata":false},{"id":64811,"structure_id":12781,"section_number":"36-99.10","catch_line":"Repealed","url":"\/36-99.10\/","token":"36\/6\/1\/36-99.10","metadata":false},{"id":55850,"structure_id":12781,"section_number":"36-99.10:1","catch_line":"Standards for installation of acoustical treatment measures in certain buildings and structures","url":"\/36-99.10_1\/","token":"36\/6\/1\/36-99.10_1","metadata":false},{"id":84476,"structure_id":12781,"section_number":"36-99.11","catch_line":"Identification of disabled parking spaces by above grade signage","url":"\/36-99.11\/","token":"36\/6\/1\/36-99.11","metadata":false},{"id":64183,"structure_id":12781,"section_number":"36-99.2","catch_line":"Standards for replacement glass","url":"\/36-99.2\/","token":"36\/6\/1\/36-99.2","metadata":false},{"id":53961,"structure_id":12781,"section_number":"36-99.3","catch_line":"Smoke alarms and automatic sprinkler systems in institutions of higher education","url":"\/36-99.3\/","token":"36\/6\/1\/36-99.3","metadata":false},{"id":72903,"structure_id":12781,"section_number":"36-99.4","catch_line":"Smoke alarms in certain juvenile care facilities","url":"\/36-99.4\/","token":"36\/6\/1\/36-99.4","metadata":false},{"id":65460,"structure_id":12781,"section_number":"36-99.5","catch_line":"Smoke alarms for persons who are deaf or hard of hearing","url":"\/36-99.5\/","token":"36\/6\/1\/36-99.5","metadata":false},{"id":72386,"structure_id":12781,"section_number":"36-99.5:1","catch_line":"Smoke alarms and other fire detection and suppression systems in assisted living facilities, adult day centers and nursing homes and facilities","url":"\/36-99.5_1\/","token":"36\/6\/1\/36-99.5_1","metadata":false},{"id":74590,"structure_id":12781,"section_number":"36-99.6","catch_line":"Underground and aboveground storage tank inspections","url":"\/36-99.6\/","token":"36\/6\/1\/36-99.6","metadata":false},{"id":64833,"structure_id":12781,"section_number":"36-99.6:1","catch_line":"Repealed","url":"\/36-99.6_1\/","token":"36\/6\/1\/36-99.6_1","metadata":false},{"id":65051,"structure_id":12781,"section_number":"36-99.6:2","catch_line":"Installation of in-building emergency communication equipment for emergency public safety personnel","url":"\/36-99.6_2\/","token":"36\/6\/1\/36-99.6_2","metadata":false},{"id":85590,"structure_id":12781,"section_number":"36-99.6:3","catch_line":"Regulation of HVAC facilities","url":"\/36-99.6_3\/","token":"36\/6\/1\/36-99.6_3","metadata":false},{"id":60725,"structure_id":12781,"section_number":"36-99.7","catch_line":"Asbestos inspection in buildings to be renovated or demolished; exceptions","url":"\/36-99.7\/","token":"36\/6\/1\/36-99.7","metadata":false},{"id":57258,"structure_id":12781,"section_number":"36-99.8","catch_line":"Skirting","url":"\/36-99.8\/","token":"36\/6\/1\/36-99.8","metadata":false},{"id":84955,"structure_id":12781,"section_number":"36-99.9","catch_line":"Standards for fire suppression systems in certain facilities","url":"\/36-99.9\/","token":"36\/6\/1\/36-99.9","metadata":false},{"id":71368,"structure_id":12781,"section_number":"36-99.9:1","catch_line":"Standards for fire suppression systems in hospitals","url":"\/36-99.9_1\/","token":"36\/6\/1\/36-99.9_1","metadata":false}],"previous_section":{"id":86342,"structure_id":12781,"section_number":"36-105.5","catch_line":"Enforcement of Building Code on Indian reservations","url":"\/36-105.5\/","token":"36\/6\/1\/36-105.5","metadata":false},"next_section":{"id":82688,"structure_id":12781,"section_number":"36-107","catch_line":"Employment of personnel for administration of chapter","url":"\/36-107\/","token":"36\/6\/1\/36-107","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/36-106\/","history_text":"

This law was first created in 1972. The record of its establishment is cataloged in chapter 829 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1972 \u201cActs\u201d aren\u2019t available online. It has been modified 15 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1975, chapter 367; in 1991, chapter 655; in 1992, chapters 435 and 650; in 1993, chapter 788; in 1994, chapter 342<\/a>; in 1995, chapter 494<\/a>; in 1998, chapter 664<\/a>; in 1999, chapters 251<\/a>, 362<\/a>, 392<\/a>, and 1014<\/a>; in 2000, chapter 68<\/a>; in 2006, chapter 746<\/a>; in 2007, chapters 290<\/a> and 760<\/a>; in 2010, chapters 87<\/a> and 94<\/a>; in 2011, chapters 118<\/a> and 143<\/a>; in 2013, chapter 529<\/a>; in 2024, chapters 641<\/a> and 681<\/a>.<\/p>","references":[{"id":71434,"section_number":"19.2-8","catch_line":"Limitation of prosecutions","order_by":null,"url":"\/19.2-8\/"}],"refers_to":[{"id":71434,"section_number":"19.2-8","catch_line":"Limitation of prosecutions","order_by":null,"url":"\/19.2-8\/"},{"id":79365,"section_number":"25.1-400","catch_line":"Definitions","order_by":null,"url":"\/25.1-400\/"},{"id":74039,"section_number":"36-103","catch_line":"Buildings, etc., existing or projected before effective date of Code","order_by":null,"url":"\/36-103\/"},{"id":58756,"section_number":"36-105.1:1","catch_line":"Rental inspections; rental inspection districts; exemptions; penalties","order_by":null,"url":"\/36-105.1_1\/"},{"id":79608,"section_number":"36-49.1:1","catch_line":"Spot blight abatement authorized; procedure","order_by":null,"url":"\/36-49.1_1\/"}],"permalink":{"id":209343,"object_type":"law","relational_id":70540,"identifier":"36-106","token":"36\/6\/1\/36-106","url":"\/36-106\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/36-106\/","token":"36\/6\/1\/36-106","dublin_core":{"Title":"Violation a misdemeanor; civil penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 36-106","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> It shall be unlawful for any owner<\/span> or any other person, firm, or corporation, on or after the effective date of any Code provisions<\/span>, to violate any such provisions. Any such violation shall be deemed a misdemeanor<\/span> and any owner<\/span> or any other person, firm, or corporation convicted of such a violation shall be punished by a fine of not more than $2,500. If the violation remains uncorrected at the time of the conviction<\/span>, the court<\/span> shall order<\/span> the violator to abate or remedy the violation in order<\/span> to comply with the Code. Except as otherwise provided by the court<\/span> for good cause shown, any such violator shall abate or remedy the violation within six months of the date of conviction<\/span>. Each day during which the violation continues after the court<\/span>-ordered abatement period has ended shall constitute a separate offense<\/span>. Any person, firm, or corporation convicted of a second offense<\/span> committed within less than five years after a first offense<\/span> under this chapter shall be punished by a fine of not less than $1,000 nor more than $2,500. Any person, firm, or corporation convicted of a second offense<\/span> committed within a period of five to 10 years of a first offense<\/span> under this chapter shall be punished by a fine of not less than $500 nor more than $2,500. Any person, firm, or corporation convicted of a third or subsequent offense<\/span> committed within 10 years of an offense<\/span> under this chapter after having been at least twice previously convicted shall be punished by confinement in jail for not more than 10 days and a fine of not less than $5,000 nor more than $10,000, either or both. No portion of the fine imposed for such third or subsequent offense<\/span> committed within 10 years of an offense<\/span> under this chapter shall be suspended. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Violations of any provision of the Building Code<\/span>, adopted and promulgated pursuant to § 36-103<\/a>, that results in a dwelling not being a safe, decent and sanitary dwelling, as defined in § 25.1-400<\/a>, in a locality where the local governing body<\/span> has taken official action to enforce such provisions, shall be deemed a misdemeanor<\/span> and any owner<\/span> or any other person, firm, or corporation convicted of such a violation shall be punished by a fine of not more than $2,500. In addition, each day the violation continues after conviction<\/span> or the expiration of the court<\/span>-ordered abatement period shall constitute a separate offense<\/span>. If the violation remains uncorrected at the time of the conviction<\/span>, the court<\/span> shall order<\/span> the violator to abate or remedy the violation in order<\/span> to comply with the Code. Except as otherwise provided by the court<\/span> for good cause shown, any such violator shall abate or remedy the violation within six months of the date of conviction<\/span>. Each day during which the violation continues after the court<\/span>-ordered abatement period has ended shall constitute a separate offense<\/span>. Any person convicted of a second offense<\/span>, committed within less than five years after a first offense<\/span> under this chapter shall be punished by confinement in jail for not more than five days and a fine of not less than $1,000 nor more than $2,500, either or both. Provided, however, that the provision for confinement in jail shall not be applicable to any person, firm, or corporation, when such violation involves a multiple-family dwelling unit. Any person convicted of a second offense<\/span> committed within a period of five to 10 years of a first offense<\/span> under this chapter shall be punished by a fine of not less than $500 nor more than $2,500. Any person convicted of a third or subsequent offense<\/span> involving the same property, committed within 10 years of an offense<\/span> under this chapter after having been at least twice previously convicted, shall be punished by confinement in jail for not more than 10 days and a fine of not less than $2,500 nor more than $5,000, either or both. No portion of the fine imposed for such third or subsequent offense<\/span> committed within 10 years of an offense<\/span> under this chapter shall be suspended. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Violations of any provision of the Building Code<\/span>, adopted and promulgated pursuant to § 36-103<\/a>, at a dwelling unit of a multifamily property that the local governing body<\/span> has declared blighted pursuant to § 36-49.1:1<\/a> or 36-105.1:1<\/a>, and where the local governing body<\/span> has taken official action to enforce such provisions, shall be deemed a misdemeanor<\/span> and any owner<\/span> or any other person, firm, or corporation convicted of such a violation shall be punished by a fine of not more than $10,000. If the violation remains uncorrected at the time of the conviction<\/span>, the court<\/span> shall order<\/span> the violator to abate or remedy the violation in order<\/span> to comply with the Code within a time period that is determined by the court<\/span> and appropriate considering the circumstances of the violation. The abatement period shall not be longer than six months. If the court<\/span> fails to define an abatement period, the period shall be seven calendar days. Each day during which the violation continues after the court<\/span>-ordered abatement period has ended shall constitute a separate offense<\/span>.\n\t\t\tAny person, firm, or corporation convicted of a second offense<\/span> committed within less than five years after a first offense<\/span> under this chapter shall be punished by confinement in jail for not more than five days and a fine of not less than $2,500 nor more than $10,000, either or both.\n\t\t\tAny person, firm, or corporation convicted of a second offense<\/span> committed within a period of five to 10 years of a first offense<\/span> under this chapter shall be punished by a fine of not less than $1,000 nor more than $10,000. Any person, firm, or corporation convicted of a third or subsequent offense<\/span> committed within 10 years of an offense<\/span> under this chapter after having been at least twice previously convicted shall be punished by confinement in jail for not more than 10 days and a fine of not less than $5,000 nor more than $10,000, either or both. No portion of the fine imposed for such third or subsequent offense<\/span> committed within 10 years of an offense<\/span> under this chapter shall be suspended. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Any locality may adopt an ordinance<\/span> which establishes a uniform schedule of civil penalties for violations of specified provisions of the Code which are not abated, or otherwise remedied through hazard control, promptly after receipt of notice of violation from the local enforcement officer.\n\t\t\tThis schedule of civil penalties shall be uniform for each type of specified violation, and the penalty<\/span> for any one violation shall be a civil penalty<\/span> of not more than $100 for the initial summons<\/span> and not more than $350 for each additional summons<\/span>. Each day during which the violation is found to have existed shall constitute a separate offense<\/span>. However, specified violations arising from the same operative set of facts<\/span> shall not be charged more frequently than once in any 10-day period, and a series of specified violations arising from the same operative set of facts<\/span> shall not result in civil penalties which exceed a total of $4,000. Designation of a particular Code violation for a civil penalty<\/span> pursuant to this section shall be in lieu of criminal sanctions<\/span>, and except for any violation resulting in injury to persons, such designation shall preclude the prosecution<\/span> of a violation as a misdemeanor<\/span>.\n\t\t\tAny person summoned or issued a ticket for a scheduled violation may make an appearance<\/span> in person or in writing by mail to the department<\/span> of finance or the treasurer of the locality prior to the date fixed for trial<\/span> in court<\/span>. Any person so appearing may enter a waiver<\/span> of trial<\/span>, admit liability, and pay the civil penalty<\/span> established for the offense<\/span> charged. Such persons shall be informed of their right to stand trial<\/span> and that a signature to an admission of liability will have the same force and effect as a judgment<\/span> of court<\/span>. As a condition of waiver<\/span> of trial<\/span>, admission of liability, and payment of a civil penalty<\/span>, the violator and a representative of the locality shall agree in writing to terms of abatement or remediation of the violation within six months after the date of payment of the civil penalty<\/span>.\n\t\t\tIf a person charged with a scheduled violation does not elect to enter a waiver<\/span> of trial<\/span> and admit liability, the violation shall be tried in the general district court<\/span> in the same manner and with the same right of appeal<\/span> as provided for by law<\/span>. In any trial<\/span> for a scheduled violation authorized by this section, it shall be the burden of the locality to show the liability of the violator by a preponderance of the evidence<\/span>. An admission of liability or finding<\/span> of liability shall not be a criminal conviction<\/span> for any purpose.\n\t\t\tIf the violation concerns a residential unit, and if the violation remains uncorrected at the time of assessment of the civil penalty<\/span>, the court<\/span> shall order<\/span> the violator to abate, or otherwise remedy through hazard control, the violation in order<\/span> to comply with the Code. Except as otherwise provided by the court<\/span> for good cause shown, any such violator shall abate, or otherwise remedy through hazard control, the violation within six months of the date of the assessment of the civil penalty<\/span>.\n\t\t\tIf the violation concerns a nonresidential building or structure<\/span>, and if the violation remains uncorrected at the time of assessment of the civil penalty<\/span>, the court<\/span> may order<\/span> the violator to abate, or otherwise remedy through hazard control, the violation in order<\/span> to comply with the Code. Any such violator so ordered shall abate, or otherwise remedy through hazard control, the violation within the time specified by the court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Any owner<\/span> or any other person, firm or corporation violating any Code provisions<\/span> relating to lead hazard controls that poses a hazard to the health of pregnant women and children under the age of six years who occupy the premises shall, upon conviction<\/span>, be guilty of a misdemeanor<\/span> and shall be subject to a fine of not more than $2,500. If the court<\/span> convicts pursuant to this subsection and sets a time by which such hazard must be controlled, each day the hazard remains uncontrolled after the time set for the lead hazard control has expired shall constitute a separate violation of the Uniform Statewide Building Code<\/span>.\n\t\t\tThe landlord shall maintain the painted surfaces of the dwelling unit in compliance with the International Property Maintenance Code of the Uniform Statewide Building Code<\/span>. The landlord’s failure to do so shall be enforceable in accordance with the Uniform Statewide Building Code<\/span> and shall entitle the tenant to terminate the rental agreement.\n\t\t\tTermination of the rental agreement or any other action in retaliation against the tenant after written notification of (i) a lead hazard in the dwelling unit or (ii) that a child of the tenant, who is an authorized occupant in the dwelling unit, has an elevated blood lead level, shall constitute retaliatory conduct in violation of § 55.1-1258<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Nothing in this section shall be construed to prohibit a local enforcement officer from issuing a summons<\/span> or a ticket for violation of any Code provision to the lessor or sublessor of a residential dwelling unit, provided a copy of the notice is served on the owner<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Any prosecution<\/span> under this section shall be commenced within the period provided for in § 19.2-8<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nVIOLATION A MISDEMEANOR; CIVIL PENALTY (\u00a7 36-106)\n\nA. It shall be unlawful for any owner or any other person, firm, or corporation,\non or after the effective date of any Code provisions, to violate any such\nprovisions. Any such violation shall be deemed a misdemeanor and any owner or\nany other person, firm, or corporation convicted of such a violation shall be\npunished by a fine of not more than $2,500. If the violation remains uncorrected\nat the time of the conviction, the court shall order the violator to abate or\nremedy the violation in order to comply with the Code. Except as otherwise\nprovided by the court for good cause shown, any such violator shall abate or\nremedy the violation within six months of the date of conviction. Each day\nduring which the violation continues after the court-ordered abatement period\nhas ended shall constitute a separate offense. Any person, firm, or corporation\nconvicted of a second offense committed within less than five years after a\nfirst offense under this chapter shall be punished by a fine of not less than\n$1,000 nor more than $2,500. Any person, firm, or corporation convicted of a\nsecond offense committed within a period of five to 10 years of a first offense\nunder this chapter shall be punished by a fine of not less than $500 nor more\nthan $2,500. Any person, firm, or corporation convicted of a third or subsequent\noffense committed within 10 years of an offense under this chapter after having\nbeen at least twice previously convicted shall be punished by confinement in\njail for not more than 10 days and a fine of not less than $5,000 nor more than\n$10,000, either or both. No portion of the fine imposed for such third or\nsubsequent offense committed within 10 years of an offense under this chapter\nshall be suspended.\n\nB. Violations of any provision of the Building Code, adopted and promulgated\npursuant to § 36-103, that results in a dwelling not being a safe, decent\nand sanitary dwelling, as defined in § 25.1-400, in a locality where the\nlocal governing body has taken official action to enforce such provisions, shall\nbe deemed a misdemeanor and any owner or any other person, firm, or corporation\nconvicted of such a violation shall be punished by a fine of not more than\n$2,500. In addition, each day the violation continues after conviction or the\nexpiration of the court-ordered abatement period shall constitute a separate\noffense. If the violation remains uncorrected at the time of the conviction, the\ncourt shall order the violator to abate or remedy the violation in order to\ncomply with the Code. Except as otherwise provided by the court for good cause\nshown, any such violator shall abate or remedy the violation within six months\nof the date of conviction. Each day during which the violation continues after\nthe court-ordered abatement period has ended shall constitute a separate\noffense. Any person convicted of a second offense, committed within less than\nfive years after a first offense under this chapter shall be punished by\nconfinement in jail for not more than five days and a fine of not less than\n$1,000 nor more than $2,500, either or both. Provided, however, that the\nprovision for confinement in jail shall not be applicable to any person, firm,\nor corporation, when such violation involves a multiple-family dwelling unit.\nAny person convicted of a second offense committed within a period of five to 10\nyears of a first offense under this chapter shall be punished by a fine of not\nless than $500 nor more than $2,500. Any person convicted of a third or\nsubsequent offense involving the same property, committed within 10 years of an\noffense under this chapter after having been at least twice previously\nconvicted, shall be punished by confinement in jail for not more than 10 days\nand a fine of not less than $2,500 nor more than $5,000, either or both. No\nportion of the fine imposed for such third or subsequent offense committed\nwithin 10 years of an offense under this chapter shall be suspended.\n\nC. Violations of any provision of the Building Code, adopted and promulgated\npursuant to § 36-103, at a dwelling unit of a multifamily property that the\nlocal governing body has declared blighted pursuant to § 36-49.1:1 or\n36-105.1:1, and where the local governing body has taken official action to\nenforce such provisions, shall be deemed a misdemeanor and any owner or any\nother person, firm, or corporation convicted of such a violation shall be\npunished by a fine of not more than $10,000. If the violation remains\nuncorrected at the time of the conviction, the court shall order the violator to\nabate or remedy the violation in order to comply with the Code within a time\nperiod that is determined by the court and appropriate considering the\ncircumstances of the violation. The abatement period shall not be longer than\nsix months. If the court fails to define an abatement period, the period shall\nbe seven calendar days. Each day during which the violation continues after the\ncourt-ordered abatement period has ended shall constitute a separate offense.\n\t\t\tAny person, firm, or corporation convicted of a second offense committed\nwithin less than five years after a first offense under this chapter shall be\npunished by confinement in jail for not more than five days and a fine of not\nless than $2,500 nor more than $10,000, either or both.\n\t\t\tAny person, firm, or corporation convicted of a second offense committed\nwithin a period of five to 10 years of a first offense under this chapter shall\nbe punished by a fine of not less than $1,000 nor more than $10,000. Any person,\nfirm, or corporation convicted of a third or subsequent offense committed within\n10 years of an offense under this chapter after having been at least twice\npreviously convicted shall be punished by confinement in jail for not more than\n10 days and a fine of not less than $5,000 nor more than $10,000, either or\nboth. No portion of the fine imposed for such third or subsequent offense\ncommitted within 10 years of an offense under this chapter shall be suspended.\n\nD. Any locality may adopt an ordinance which establishes a uniform schedule of\ncivil penalties for violations of specified provisions of the Code which are not\nabated, or otherwise remedied through hazard control, promptly after receipt of\nnotice of violation from the local enforcement officer.\n\t\t\tThis schedule of civil penalties shall be uniform for each type of specified\nviolation, and the penalty for any one violation shall be a civil penalty of not\nmore than $100 for the initial summons and not more than $350 for each\nadditional summons. Each day during which the violation is found to have existed\nshall constitute a separate offense. However, specified violations arising from\nthe same operative set of facts shall not be charged more frequently than once\nin any 10-day period, and a series of specified violations arising from the same\noperative set of facts shall not result in civil penalties which exceed a total\nof $4,000. Designation of a particular Code violation for a civil penalty\npursuant to this section shall be in lieu of criminal sanctions, and except for\nany violation resulting in injury to persons, such designation shall preclude\nthe prosecution of a violation as a misdemeanor.\n\t\t\tAny person summoned or issued a ticket for a scheduled violation may make an\nappearance in person or in writing by mail to the department of finance or the\ntreasurer of the locality prior to the date fixed for trial in court. Any person\nso appearing may enter a waiver of trial, admit liability, and pay the civil\npenalty established for the offense charged. Such persons shall be informed of\ntheir right to stand trial and that a signature to an admission of liability\nwill have the same force and effect as a judgment of court. As a condition of\nwaiver of trial, admission of liability, and payment of a civil penalty, the\nviolator and a representative of the locality shall agree in writing to terms of\nabatement or remediation of the violation within six months after the date of\npayment of the civil penalty.\n\t\t\tIf a person charged with a scheduled violation does not elect to enter a\nwaiver of trial and admit liability, the violation shall be tried in the general\ndistrict court in the same manner and with the same right of appeal as provided\nfor by law. In any trial for a scheduled violation authorized by this section,\nit shall be the burden of the locality to show the liability of the violator by\na preponderance of the evidence. An admission of liability or finding of\nliability shall not be a criminal conviction for any purpose.\n\t\t\tIf the violation concerns a residential unit, and if the violation remains\nuncorrected at the time of assessment of the civil penalty, the court shall\norder the violator to abate, or otherwise remedy through hazard control, the\nviolation in order to comply with the Code. Except as otherwise provided by the\ncourt for good cause shown, any such violator shall abate, or otherwise remedy\nthrough hazard control, the violation within six months of the date of the\nassessment of the civil penalty.\n\t\t\tIf the violation concerns a nonresidential building or structure, and if the\nviolation remains uncorrected at the time of assessment of the civil penalty,\nthe court may order the violator to abate, or otherwise remedy through hazard\ncontrol, the violation in order to comply with the Code. Any such violator so\nordered shall abate, or otherwise remedy through hazard control, the violation\nwithin the time specified by the court.\n\nE. Any owner or any other person, firm or corporation violating any Code\nprovisions relating to lead hazard controls that poses a hazard to the health of\npregnant women and children under the age of six years who occupy the premises\nshall, upon conviction, be guilty of a misdemeanor and shall be subject to a\nfine of not more than $2,500. If the court convicts pursuant to this subsection\nand sets a time by which such hazard must be controlled, each day the hazard\nremains uncontrolled after the time set for the lead hazard control has expired\nshall constitute a separate violation of the Uniform Statewide Building Code.\n\t\t\tThe landlord shall maintain the painted surfaces of the dwelling unit in\ncompliance with the International Property Maintenance Code of the Uniform\nStatewide Building Code. The landlord’s failure to do so shall be\nenforceable in accordance with the Uniform Statewide Building Code and shall\nentitle the tenant to terminate the rental agreement.\n\t\t\tTermination of the rental agreement or any other action in retaliation\nagainst the tenant after written notification of (i) a lead hazard in the\ndwelling unit or (ii) that a child of the tenant, who is an authorized occupant\nin the dwelling unit, has an elevated blood lead level, shall constitute\nretaliatory conduct in violation of § 55.1-1258.\n\nF. Nothing in this section shall be construed to prohibit a local enforcement\nofficer from issuing a summons or a ticket for violation of any Code provision\nto the lessor or sublessor of a residential dwelling unit, provided a copy of\nthe notice is served on the owner.\n\nG. Any prosecution under this section shall be commenced within the period\nprovided for in § 19.2-8.\n\nHISTORY: 1972, c. 829; 1975, c. 367; 1991, c. 655; 1992, cc. 435, 650; 1993, c.\n788; 1994, c. 342; 1995, c. 494; 1998, c. 664; 1999, cc. 251, 362, 392, 1014;\n2000, c. 68; 2006, c. 746; 2007, cc. 290, 760; 2010, cc. 87, 94; 2011, cc. 118,\n143; 2013, c. 529; 2024, cc. 641, 681.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}