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HomeMy Public PortalAbout1989_04_11_O010ORDINANCE NO. AN ORDINANCE: PI~SENTED Apri 1 89-0-10 a~DOl~ April REPEAT.rNG AND RE-ENACTING SECTION 9-5 OF THE LEESBURG ZONING ORDINANCE TO ESTABLT,~H CIVIL PENALTIES FOR CERTAIN ZONING VIOLATIONS 11. 1989 11, 1989 WIq~,~, Section 15.1~t99.1 of the 1950 Code of Virginia, as amended, provides enablin~ authority for the use of civil violation proceedin~ for the enforcement of limited provisions of the zoning ordinance; and WHI~.REAS, this Council wishes to adopt civil violation provisions to improve the enforcement of certain provisions of its zoning oralnance; and WHEREAS, the Leesburg Planning Commission conducted a enactment of Section 9-5 to incorporate the civil violation process reeomrnended tho adoption of these amendments; and ~, this Council duly advertised and conducted a public hearing with respect to these amendments; and WH~.~, the adoption of these amendments is in the best interest of the public necessity, convenience, general welfare and good zoning practice: THEREFORE ORDAINED by the Council of the Town of Leesburg in Xrn~'niA as follows: ~ction 9.§ of the Leesburg Zoning Ordinance, 'Violations and Penalties', is SECTION I. hereby repealed. SECTION H. public hearing on the re- and subsequently favorably Numbered Section 9-5, %'iolafions, Sanctions and Penalties~, which said section reads as follows: 9-5 VIOLATIONS, SANCTIONS AND PENALTIES 9-5-1 General Provisions Any person, whether owner, lessee, principal, agent, employee or otherwise, who violates any of the provisions of this Ordlnsnce, or permits any such violation, or fails to comply with any of the requirements hereof; or who erects any building or uses any building or land in violation of the provisions of this Ordinance shall be subject to the enforcement provisions of Section 9-5. The Leesburg Zoning Ord/nallce is hereby smended by adding a section, to be -2- ORDINANCE - REPEAT.lNG AND RE-ENACTING SECTION 9-5 9-5-2 9.5-3 In acting to enforce this Ordinance, the Zoning Administrator, or authorized ageut thereof, shall act in the name of the Town of Leesburg. The Zoning Administrator shall have all necessary authority on beh~l¢ of the Town Council to aihninister and enforce the zoning ordinance, including the ordering in writing of the remedying of any condition found in violation of the ordinance, and the bringing of legal action to insure compliance with the ordinance, including injunction, abatement, or other appropriate action or proceeding. Criminal Violations and Sanctions Any violation of the provisions of t_.him Ordinance, other than those set fo]~ch in Section 9-5-4 shall be deemed a criminal misdemeanor and, upon conviction thereof, shall be punishable by a fine of not less than $10 and not more than $1000 for ,each separate offense. Each day during which the violation is found to have existed shall constitute a separate offense. The procedure for enforcing the zoning ordinance threugh criminal violations is as follows: (a) Upon becoming aware of any violation of any provision of this Ordinance, the Zoning Administrator may serve notice of such violation on the person committing or permitting the same through the iss,,~nce of a Violation Notice and Correction Order. Co) If a person charged with such violation does not elect to correct said violation within such reasonable time as is spec/fled in the Violation Notice and Correction Order, the Zoning Administrator may cause the service of a summons for such person to appear in the Circuit Court or other court of competent jurisdiction to stand trial. The Zoning Administrator may initiate injuuction, m0nds_mns or any other appropriate action to prevent, enjoin, abate or remove such violation of this Ordinance. Civil Violations and Penalties Any violation of the provisions of this Ordinance enumerated in Section 9.5-4 shall be deemed a civil violation and upon an admission of liability or finding of liability, sb~ll be punishable by a fine of $50 for each individual charge. Each day during which the violation is found to have existed sbaJ] 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 10 day period, and in no event shall a series of specified violations rising from the same operative set of facts result in civil penalties which exceed a total of $250. Nothing in this subsection shall be construed as to prohibit the Town Council, Town Mon~ger or the Zoning AdmiulstraWr fl.~m bringing legal action to remedy any violation by injunction, abatement or other appropriate action or proceeding, as authorized by law. (a) Upon becoming aware of any violation of any prevision of this Ordinance listed in Section 9-5-4, the Zoning Administrator, or authorized agent ~Chereof, may charge the person committing or permitting such violation through the issuance of a Civil Summons of Zoning Violation. -3- ORDINANCE - REPEALING AND RE-ENACTING SECTION 9-5 (b) Any person charged for such violation may enter a waiver of trial, admit liability, and pay the $50 penalty to the Leesburg Department of Finance witJmin 10 days of receipt of said summons. Such admission of liability shall have the same force and effect as a judgment of Court and shall not he a crlminoJ conviction. If a person charged for such violation does not elect to enter a waiver of trial wit~hin 10 days receipt of said summons, the Zoning Administcator shall cause the service of a summons for such person to appear in General District Court to stand trial. The case shsll be tried in the manner provided by law, including the right of appeal, and a finding of liability shah not be a criminal conviction. A~lication of Civil Penslties Any violaiton of the following provisions of this Ordinance shall be dimmed a civil violation. (a) 9-1-1 Co) 9-2-1 (c) 9-2-5 (d) 3B-4(a) (e) 3B-4(m) (f) 8-10 (g) 8A-3 & 8-25 (h) 8A-19(a) (i) 8A-29 0) SA-5 (k) 8A-6(n) (1) 8A-6(o) (m) 8A-6(d) (n) 8A-10(b) (o) 8A-10(d) (p) 8-2-11-1 (q) 2A-9(b)(4) Zoning Permit Zoning Certificate Certificate of Occupancy Historic District Permit Historic District Permit Conformance Home Occupation Sign Permit Historic District Permit (Signs) Removal of megal Signs Prohibited Signs Regulation of Real Estate Signs Regulation of Window Signs Regulation of Flags Maintenance of Signs Removal of Obsolete Signs Parking in Unauthorized Location Identification of Handicapped Parking SECTION IH. All ordinances and resolutions in conflict herewith are repealed. SECTION IV. If any provision of this ordinance is held by the courts to be invalid, the decision shall not affect the validity of this ordinance as a whole or of the remaining provisions of this ordinance. SECTION V. This ordinance shall be in full force and effect upon its passage. ORDINANCE - REPEALING AND RE-ENACTING SECTION 9-5 PASSED fJ~is llth day of April ,1989. Town of Leesburg ATTEST: ? ~, // Clerk of