                                 CODE OF VIRGINIA

CIVIL PENALTIES FOR VIOLATIONS OF ZONING ORDINANCE (§ 15.2-2209)

A. Notwithstanding subdivision A 5 of &#xA7; 15.2-2286, any locality may adopt
an ordinance that establishes a uniform schedule of civil penalties for
violations of specified provisions of the zoning ordinance. The schedule of
offenses shall not include any zoning violation resulting in injury to any
persons, and the existence of a civil penalty shall not preclude action by the
zoning administrator under subdivision A 4 of &#xA7; 15.2-2286 or action by the
governing body under &#xA7; 15.2-2208.
			This 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 $200 for the initial summons and not more than $500 for each
additional summons.

A1. However, for any violation involving nonpermitted commercial uses in
Planning District 23, the penalty shall be not more than (i) $200 for the
initial violation, (ii) $1,000 for a second violation, and (iii) $1,500 for a
third or subsequent violation, not to exceed an aggregate amount of $4,200 for
all such violations within a 12-month period. For purposes of this section,
&#8220;nonpermitted commercial uses&#8221; means any use devoted to usual and
customary business purposes for the sale of goods and services when such use is
not authorized or permitted under the locality&#8217;s zoning ordinance.

A2. However, for any repeat violation on property that is zoned or used for
multifamily residential purposes, the penalty shall be not more than (i) $1,000
for a second violation and (ii) $1,500 for a third or subsequent violation, not
to exceed an aggregate amount of $6,000 for all such violations within a
12-month period.

B. 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, for violations that do not involve nonpermitted commercial
uses in Planning District 23 or property that is zoned or used for multifamily
residential purposes a series of specified violations arising from the same
operative set of facts shall not result in civil penalties that exceed a total
of $5,000. Designation of a particular zoning ordinance 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 criminal misdemeanor, provided,
however, that when such civil penalties total $5,000 or more, the violation may
be prosecuted as a criminal misdemeanor.

C. The zoning administrator or his deputy may issue a civil summons as provided
by law for a scheduled violation. 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 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. Notwithstanding a court&#8217;s authority to order the
abatement or remedy of a zoning violation for any violation involving
nonpermitted commercial uses in Planning District 23 or property that is zoned
or used for multifamily residential purposes, any person who enters a waiver of
trial and admits liability shall be required to abate or remedy such violation
within a period of time specified by the locality that is no less than 30 days
but no more than 24 months from the date of admission of liability.

D. 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 locality to show the liability of the violator by
a preponderance of the evidence. If the violation remains uncorrected at the
time of the admission of liability or finding of liability, the court may order
the violator to abate or remedy the violation in order to comply with the zoning
ordinance. Except as otherwise provided by the court for good cause shown, any
such violator shall abate or remedy the violation within a period of time as
determined by the court, but not later than six months of the date of admission
of liability or finding of liability. Each day during which the violation
continues after the court-ordered abatement period has ended shall constitute a
separate offense. An admission of liability or finding of liability shall not be
a criminal conviction for any purpose.

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

HISTORY: 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.; 2003, c. 192; 2006, c.
248; 2008, c. 727; 2025, cc. 512, 587.