HomeMy Public PortalAbout2000_09_12_r174The Town of
Leesburg,
lrg ma
RESOLUTION NO.
A RESOLUTION:
2000-174
INITIATING AMENDMENTS
PRESENTED September 12:2000
ADOPTED September 12, 2000
TO THE ZONING ORDINANCE TO
INCREASE FINES FOR CRIMINAL MISDEMEANORS AND TO
SPECIFY A TEN-DAY APPEAL PERIOD FOR CERTAIN VIOLATIONS
TO CONFORM TO RECENT REVISIONS TO THE CODE OF
VIRGINIA.
WHEREAS, the General Assembly of the Commonwealth of Virginia has amended Section
15.2-2286 of the 1950 Code of Virginia to increase the fines which can be assessed for failure to
correct a criminal misdemeanor zoning violation and to specify a ten-day appeal period for
notices of violation involving certain temporary and short term uses; and
WHEREAS, it is the desire and intent of Council to provide the Zoning Administrator with
the necessary ability to enforce the Zoning Ordinance of the Town of Leesburg in the most efficient
manner; and
WHEREAS, the Town Council believes that these amendments shall lead to increased
compliance with the Zoning ordinance of the Town of Leesburg; and
WHEREAS,' the public necessity, convenience, general welfare and good zoning practice
require the prOposed amendments.
THEREFORE, RESOLVED by the Council of the Town Leesburg in Virginia as follows:
SECTION I. The following text amendments to the Leesburg Zoning Ordinance are hereby
initiated and referred to the Planning Commission for recommendation:
Section 1'71q-2. CRIMINAl. VTOI.ATIONS AND SANCTIONS
Any violation of the provisions of this Ordinance, other than those set forth in Section
17B-4 shall be deemed a criminal misdemeanor and, upon conviction thereof, shall be
INITIATING AMENDMENTS TO THE ZONING ORDINANCE REGARDING FINES FOR
CRIMINAL MISDEMEANORS AND THE APPEAL PERIOD FOR CERTAIN VIOLATIONS
TO CONFORM TO RECENT REVISIONS TO THE CODE OF VIRGINIA.
punishable by a fine of not less than $10 and not more than $1,000 for each separate
sep&at6 oxt~e~a~e. If the violation is tmcn~ected at the time of conviction: the co~{. ~hall
order the violator tn abate or remedy the violation in compliance with the Ordinance.
within a time herod e~tahlighed hv the cn~{.. Fail.re to remove or ahate a zonin~
violation within the snecified time nefind shall constitute a ~enarate misdemeanor offense
p.nishable hy a fine of not legs than $lO nor more than ~lOO0: and any g.ch fail.re
d~fno the s~cceedino ten-day nefiod shall cnnstit~ite a senarate misdemeanor offense for
each ten-day period ?mishahle hy a fine of not less than ~10O nor more than $1:500. The
procedure for enforcing the Zoning Ordnance through cfi~nal violations is as follows:
~ectinn 16A-5 BOARD OF ZO~G APPEAT.~
(4) Application and Ap?al Proced.re.
Authority to Apply. An appeal to the Bo~d may be taken by any person
aggrieved or by any officer, dep~ment, bo~d or bureau of the Town of ~esburg
affected by any decision of the Zoning Ad~nistrator relative to the a~inistration
of this Ordnance. Such appeal shall be taken within thi~y (30) days from the date
of the decision complained of by filing with the Zoning Administrator and with
the Bo~d a notice of appeal specifying the grounds thereof. In the case of a notice
of violation involvin~ tempora~ or seasonal commercial uses: or parkin~ of
commercial tn~cks in residential zonin~ districts: s.ch ap?al ~hall he taken within
3
INITIATING AMENDMENTS TO THE ZONING ORDINANCE REGARDING FINES FOR
CRIMINAL MISDEMEANORS AND THE APPEAL PERIOD FOR CERTAIN VIOLATIONS
TO CONFORM TO RECENT REVISIONS TO THE CODE OF VIRGINIA.
ten (10) days from the date of the decision complained of A notice of appeal in
triplicate shall be accompanied by a filing fee to defray the cost of processing said
appeal, which amount shall be paid to the Director of Finance. The Zoning
Administrator shall forthwith transmit to the Board all papers constituting the
record upon which the action appealed from was taken.
SECTION II. The Planning Commission shall hold a public hearing to consider these
amendments to the Zoning Ordinance and report its recommendation to the Council pursuant to
Chapter 22, Title 15.2-2204 of the 1950 Code of Virginia, as amended.
PASSED this 12th day of September ,2000.
B.J. W~bb, Mayor
Town of Leesburg
ATTEST:
?ferk of Council
c:zoinappealsfines