                                 CODE OF VIRGINIA

VIOLATION A MISDEMEANOR; CIVIL PENALTY (§ 36-106)

A. 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.

B. Violations of any provision of the Building Code, adopted and promulgated
pursuant to &#xA7; 36-103, that results in a dwelling not being a safe, decent
and sanitary dwelling, as defined in &#xA7; 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. Violations of any provision of the Building Code, adopted and promulgated
pursuant to &#xA7; 36-103, at a dwelling unit of a multifamily property that the
local governing body has declared blighted pursuant to &#xA7; 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.
			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 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.
			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 $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. 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.
			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 $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.
			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. 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.
			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. An admission of liability or finding of
liability shall not be a criminal conviction for any purpose.
			If 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.
			If 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. 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.
			The 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&#8217;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.
			Termination 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 &#xA7; 55.1-1258.

F. 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.

G. Any prosecution under this section shall be commenced within the period
provided for in &#xA7; 19.2-8.

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.