HomeMy Public PortalAbout1991_10_09_R230The Town o/
Leesburg,
l[girginia
RESOLUTION NO.
A RESOLUTION:
PRESENTED October 9~ 1991
91-230 ADOPTED October 9~ 1991
INITIATING AN AMENDMENT TO ARTICLE 17 OF THE LEESBURG
ZONING ORDINANCE REGARDING THE FINES ASSOCIATED WITH CIVIL
PENALTIES.
WHEREAS, 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 remain
consistent with the Code of Virginia; and
WHEREAS, the Mayor and 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; and
WHEREAS, the proposed amendment to Article 17 will make the imposition of fines associated
with the civil penalties consistent with Section 15.1-499.1 of the 1950 Code of Virginia, as amended on
July 1, 1990; and
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. An amendment to Section 17B-3, and Section 17B-3(2) of the Leesburg Zoning
Ordinance is hereby initiated as indicated below:
Section 17B-3. CML VIOLATIONS AND PENALTIES
Any violation of the provisions of this Ordinance enumerated in Section 17Bo4 shall be deemed
a civil violation and upon an admission of liability or finding of liability, shall be punishable by
a fine 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.ee $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
$~9.e~ $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.
ZONING ORDINANCE AMENDMENT TO MAKE THE CIVIL PENALTY FINE CONSISTENT WITH
THE 1950 CODE OF VIRGINIA, AS AMENDED.
SECTION II. The Planning Commission shall hold a public hearing and consider these
amendments to the Zoning Ordinance, and report its recommendation to the Town Council pursuant
to Chapter 11, Title 15.1-431 of the 1950 Code of Virginia, as amended.
PASSED this 9th day of October
ATTEST:
Clerk of Council
j/f , 1991.
Robei~ E.' Sew-l~' M~yo~
Town of Leesburg
R:Civil