                                 CODE OF VIRGINIA

CIVIL PENALTIES FOR VIOLATIONS OF ZONING ORDINANCE (§ 15.2-730)

Notwithstanding subdivision A 5 of § 15.2-2286, a county may adopt an ordinance
which establishes a uniform schedule of civil penalties for violations of
specified provisions of the zoning ordinances regulating the storage of junk and
the repair of motor vehicles. Such schedule of offenses shall not include any
zoning violation resulting in injury to any person, and the existence of a civil
penalty shall not preclude action by the zoning administrator under subdivision
A 4 of § 15.2-2286 or action by the governing body under § 15.2-2208.
		This schedule of civil penalties may allow for progressively higher penalties
for subsequent offenses whether or not the subsequent offenses arise from the
same set of operative facts; however, the penalty for any one violation shall be
a fine of not more than fifty dollars. Each day during which the violation is
found to have existed shall constitute a separate offense. However, in no event
shall specified violations arising from the same operative set of facts be
charged more frequently than once in any ten-day period, and in no event shall a
series of specified violations arising from the same operative set of facts
result in civil penalties which exceed a total of $250. 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 any person, such designation shall preclude the
prosecution of a violation as a criminal misdemeanor.
		Any person summoned for a scheduled violation may make an appearance in person
or in writing by mail to the treasurer of the county 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.
		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 in Title 8.01. In any trial for a scheduled violation authorized by this
section, it shall be the burden of the county 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.
		No provision herein shall be construed to allow the imposition of civil
penalties: (i) for enforcement of the Uniform Statewide Building Code; (ii) for
activities related to land development or activities related to the construction
or repair of buildings and other structures; or (iii) 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. 415, § 15.1-687.8; 1992, c. 298; 1997, c. 587.