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hereby repealed.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
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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.
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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