HomeMy Public PortalAbout1988_10_25_R212Lccs~r~ i~ ~Zirginia
RESOLUTION NO.
A RESOLUTION:
PRESENTED October 25, 1988
88-212 ADOPTED
October 25, 1988
INITIATING A ZONING ORDINANCE AMENDMENT TO SECTION 9-5 OF THE
LEESBURG ZONING ORDINANCE REGARDING VIOLATIONS AND PENALTIES
AND INCLUDING CIVIL PENALTIES FOR VIOLATIONS
WHEREAS, this Council regulates existing and proposed land use with
tools of implementation known as the Zoning Ordinance and Subdivision and Land
Development Regulations; and
WHEREAS, Section 15.1-491(d) of the 1950 Code of Virginia, as amended,
provides enabling authority for the Town to adopt provisions to its Zoning
Ordinance for the enforcement of the ordinance and such other regulations as
are made a part of said ordinance; and
WHEREAS, Section 15.1-491(e) of the 1950 Code of Virginia, as amended,
provides enabling authority for the use of criminal misdemeanor proceedings
for the enforcement of this ordinance; and
WHEREAS, Section 15.1-4991. of the 1950 Code of Virginia, as amended,
provides enabling authority for the use of civil violation proceedings for
the enforcement of limited provisions of this ordinance; and
WHEREAS, this Council recognizes that in matters of law, general
provisions and procedures of enforcement should be explicitly stated in the
duly adopted ordinance; and
WHEREAS, the existing Ordinance has no provisions for civil w[olation
proceedings and any procedures for enforcement; and
WHEREAS, the adoption of an amendment to include provisions for civil
violation proceedings and procedures for both this and criminal misdemeanor
proceedings is in the best interest of the public necessity, convenience,
general welfare and good zoning practice;
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I.
2
An amendment to the Leesburg Zoning Ordinance Section 9-5,
Violations and Penalties is proposed to include civil penalties for violations
to read as follows:
9-5-0
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 Ordinance,
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.
In acting to enforce this Ordinance, the Zoning Administrator,
or authorized agent thereof, shall act in the name of the Town
of Leesburg, on behalf of the Town Council and in the interest
of the general public which they represent.
9-5-2
9-5-2(1)
9-5-2(2)
CRIMINAL PROVISIONS
CRIMINAL VIOLATIONS AND SANCTIONS
Any violation of the provisions of this Ordinance, other than
those set forth in Section 9-5-3(3), 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. Each day
during which the violation is found to have existed shall con-
stitute a separate offense.
CRIMINAL VIOLATION PROCEDURES
(a)
Upon becoming aware of any violation of any provision of
this Ordinance, except those listed in Subsection 9-5-3(3),
the Zoning Administrator, or authorized agent thereof, may
serve notice of such violation on the person committing or
permitting the same through the issuance of a Violation
Notice and Correction Order.
(b)
Any person served with such notice has the right of an
appeal of the determination of a violation to the Board of
Zoning Appeals. Such appeal shall be taken within 130 days
of the receipt of the Violation Notice and Correction Order.
(c)If a person charged with such violation does not elect to
correct said violation within such reasonable time .ms is
specified in the Violation Notice and Correction Order, the
VIOLATIONS, SANCTIONS AND PENALTIES
Zoning Administrator may cause the service of a summons for
such person to appear in circuit court to stand trial. The
Zoning Administrator may initiate injunction, mandanms or
any other appropriate action to prevent, enjoin, abate or
remove such violation of this Ordinance.
9-5-3
CIVIL PROVISIONS
9-5-3(1)
CIVIL VIOLATIONS AND PENALTIES
Any violation of the provisions of this Ordinance enumerated
in Section 9-5-3(3) shall be deemed a civil violation and,
upon an admission of liability or finding of liability,
shall be punishable by a fine of $50. Each day during
which the violation is found to have existed shall con-
stitute 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
arising 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 Zoning
Administrator from initiating civil injunction procedures in
cases of repeat offenses.
9-5-3(2)
CIVIL VIOLATION PROCEDURES
(a)
Upon becoming aware of any violation of any provision
of this Ordinance listed in Section 9-5-3(3), the
Zoning Administrator, or authorized agent thereof, may
charge the person committing or permitting the same
through the issuance of a Civil Summons of Zoning
Violation.
(b)
(c)
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 within
ten (10) days of receipt of said summons. Suc~h admission
of liability shall have the same force and effect as a
judgment of Court and shall not be a criminal conviction.
If a person charged for such violation does not elect
to enter a waiver of trial within ten (10) days receipt
of said summons, the Zoning Administrator shall cause
the service of a summons for such person to appear in
General District Court to stand trial. The case shall be
tried in the manner provided by law, including the right
of appeal, and a finding of liability shall not be a
criminal conviction.
VIOLATIONS, SANCTIONS AND PENALTIES
19-5-3(3) SCHEDULE
Any violation of the following provisions of this Ordinance
shall be deemed a civil violation:
(a) Article SA; Sign Regulations
(b) Section 9A-25; Maintenance Requirements
(c) Section 9-2; Zoning Certificate
(d) Section 9-2-5; Certificate of Occupancy
(e) Section 3B-4(a); BAR Power to Approve
SECTION II. The Planning Commission shall report its recommendations
to the Town Council on this amendment.
PASSED this 25th day of
ATTEST:
Clerk of C~cil
Oct.ober , 1988.
Robert E. Sevila, Mayor
Town of Leesburg