HomeMy Public PortalAbout1992_01_28_O005 Zoning Ordinance Civil Violations and Penalties"~he Town of
Leesburg,
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ORDINANCE NO.
AN ORDINANCE:
PRESENTED January 28, 1992
92-0-5 ADOPTED January 28, 1992
AMENDING SECTION 17B-JANDSECTION 17B-3(2) OF THELEESBURG
ZONING ORDINANCE REGARDING CIVILVIOLATIONSANDPENALTIES
WHE~, public necessity, general welfare, and good zoning practice require the evaluation
of existing ordinances to ensure that they continue to address the needs of the community; and
WHEREAS, Council amended Article 17 by Ordinance 89-0-10 to provide an administrative
process to correct violations of the Leesburg Zoning Ordinance by imposing civil penalties for non-
compliance with the ordinance.
WI-IEREAS, this amendment establishes the imposition of £mes associated with the civil
penalties consistent with Section 15.1-499.1 of the 1950 Code of Virgini~ as amended on July 1, 1990.
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Section 17B-3 and Section 17B-3(2) of the Leesburg Zoning Ordinance is hereby
amended to read as follows:
Section 17B-3. CIVIL VIOLATIONS AND PENALTIES
Any violation of the provisions of this Ordinance enumerated in Section 17B-4 shall be deemed
a civil violation and upon an admission of liability or finding of liability, shall be punishable by
a frae of $59.99 $100.00 for each individual charge. 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 10 day period, 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 $259.99 $3,000.00. Nothing
in this subsection shall be construed as to prohibit the Town Council, Town Manager or the
Zoning Administrator from bringing legal action to remedy any violation by injunction,
abatement or other appropriate action or proceeding, as authorized by law.
Section 17B-3(2)
Any person charged for such violation may enter a waiver of trial, admit liability, and pay the
$59.90 $100.00 penalty to the Leesburg Department of Finance within 10 days of the receipt
of said summons. Such admission of liability shall have the same force and effect as a
judgement of Court and shall not be a criminal conviction.
SECTION II. All prior ordinances in conffict herewith are hereby repealed.
ZONING ORDINANCE AMENDMENT - CIVIL VIOLATIONS AND PENALTIES
SECTION III. Severability. If any provision of this ordinance is declared invalid by a court of
competent jurisdiction, the decision shall not affect the validity of the ordinance as a whole or any
remaining provisions of the zoning ordinance.
SECTION IV. This ordinance shall be in effect upon its passage.
PASSED this 28th day of
Aq~I~EST:
Clerk of Council
O:CIVILP
January ,1992.
Town of Leesburg