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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>74105</law_id><section_number>15.2-744</section_number><catch_line>Authority of county board to impose civil penalties for wrongful demolition, razing or moving of historic buildings</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><structure><unit label="title" level="1" order_by="1" identifier="15.2">Counties, Cities and Towns</unit><unit label="subtitle" level="2" order_by="1" identifier="I">General Provisions; Charters; Other Forms and Organization of Counties</unit><unit label="chapter" level="3" order_by="1" identifier="7">County Manager Plan of Government</unit><unit label="article" level="4" order_by="1" identifier="2">General Powers; County Manager Plan</unit></structure><text>
						<section><p>The board may adopt an <span class="dictionary">ordinance</span> which establishes a civil <span class="dictionary">penalty</span> for the wrongful demolition, razing or moving of part or all of a building or structure when such building or structure has been designated as an historic structure or landmark or is part of an historic district. The civil <span class="dictionary">penalty</span> shall be imposed on the <span class="dictionary">party</span> deemed by the <span class="dictionary">court</span> to be responsible for the violation and shall not exceed twice the fair market value of the property, as determined by the <span class="dictionary">county</span> real estate tax assessment at the time of the demolition, razing or moving.
		An action seeking the imposition of such a <span class="dictionary">penalty</span> shall be instituted by <span class="dictionary">petition</span> filed by the <span class="dictionary">county</span> in <span class="dictionary">circuit</span> <span class="dictionary">court</span>, which shall be tried in the same manner as any action at <span class="dictionary">law</span>. It shall be the burden of the <span class="dictionary">county</span> to show the liability of the violator by a <span class="dictionary">preponderance of the evidence</span>. An admission of liability or <span class="dictionary">finding</span> of liability shall not be a criminal <span class="dictionary">conviction</span> for any purpose. The filing of any action pursuant to this section shall preclude a criminal <span class="dictionary">prosecution</span> for the same <span class="dictionary">offense</span>.
		The <span class="dictionary">defendant</span>, within twenty-one days after the filing of the <span class="dictionary">petition</span>, shall file an answer and may, without admitting liability, agree to restore the building or structure as it existed prior to demolition, razing or moving. If the restoration is completed within the time agreed upon by the parties, or as established by the <span class="dictionary">court</span>, the <span class="dictionary">petition</span> may be dismissed from the <span class="dictionary">court</span>&#x2019;s <span class="dictionary">docket</span> upon a <span class="dictionary">finding</span> by the <span class="dictionary">court</span> that the building or structure has been restored as it existed prior to demolition, razing or moving.
		Nothing in this section shall preclude action by the zoning administrator under subdivision A 4 of &#xA7;&#xA0;<a class="law" title="Permitted provisions in zoning ordinances; amendments; applicant to pay delinquent taxes; penalties" href="/15.2-2286/">15.2-2286</a> or by the <span class="dictionary">county</span> under &#xA7;&#xA0;<a class="law" title="Restraining violations of chapter" href="/15.2-2208/">15.2-2208</a>, either by separate action or as a part of the <span class="dictionary">petition</span> seeking a civil <span class="dictionary">penalty</span>.</p></section></text><history>1991, c. 467, &#xA7; 15.1-687.22; 1997, c. 587.</history><metadata></metadata></law>
