ORDINANCE NO. 06-18( )
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE V, VIOLATION AND PENALTY, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18, Zoning, Article V, Violation and Penalty, is hereby amended and reordained as follows:
Sec. 37.2 Civil penalty
Chapter 18. Zoning
Article V. Violation and Penalty
Sec. 37.2 Civil penalty.
Any person, whether owner, lessee, principal, agent, employee or otherwise, who violates any provision of this chapter, or permits any such violation, or fails to comply with any of the requirements hereof, or who erects any building or structure or uses any building, structure or land in violation of this chapter or any site plan or other detailed statement or plan submitted by him and approved under the provisions of this chapter, shall be subject to the following:
Schedule of violations subject
to one hundred dollar ($100.00) civil penalty for first violation .
Any violation of the following provisions of this chapter shall be
subject to a civil penalty of one hundred dollars ($100.00) two
hundred dollars ($200.00) for the first violation, and a civil penalty of
two hundred fifty dollars ($250.00) five hundred dollars ($500.00)
for each subsequent violation arising from the same set of operative facts
(Amended 3-16-05) :.
1. Each use of a lot,
including the use of any structure thereon, not authorized either as a matter of
right or by special use permit by the zoning regulations applicable to the
district in which the lot is located, in violation of, as applicable, sections
and subsections 10.2, 12.2, 13.2, 14.2, 15.2, 16.2, 17.2, 18.2, 19.3, 20.3,
20.4, 20.5, 20.6, 21.2, 22.2, 23.2, 24.2, 25.2, 25A.2, 26.3, 27.2, 28.2, 29.2,
30.2.4, 30.3.05, 30.3.06, 30.4.02, 30.5.5 or 30.6.3.
2. The location of a structure or
improvement in an area other than a building site, in violation of subsection
3. The location of a
structure or improvement or engaging in land disturbing activity on slopes of
twenty-five percent or greater, in violation of subsection 184.108.40.206.
4. The cutting of trees in
violation of section 4.3.
5. The placement, allowance
of, erection or maintenance of a material impediment to visibility so as to
restrict sight distance in violation of section 4.4.
6. Any violation of section
4.10, which regulates the height of buildings and other structures, except as
provided in subsection (B)(1).
7. Any violation of section
4.12, which regulates off-street parking. 8. Any
violation of section 4.15, which regulates permanent and temporary signs, except
as provided in subsection (F).
9. Any violation of section 4.17, which
regulates outdoor lighting.
violation of section 5, which establishes supplementary regulations for certain
uses authorized in the several zoning districts. (Amended 2-13-02)
11. Any violation of sections 31.2.1,
31.2.2 or 31.2.3, which regulate use and occupancy when building permits,
certificates of occupancy, and zoning compliance clearance are required,
respectively. (Added 2-13-02) 12. Any
violation of section 32, which regulates site plans and development pursuant
thereto. (Amended 2-13-02) 13. Any
violation of a proffer, or a planned development application plan, special use
permit, variance, site plan, certificate of appropriateness or any condition
related thereto. (Amended 2-13-02)
B. Schedule of violations
subject to fifty dollar ($50.00) civil penalty for first violation. Any
violation of the following provisions of this chapter shall be subject to a
civil penalty of fifty dollars ($50.00) for the first violation, and a civil
penalty of two hundred fifty dollars ($250.00) for each subsequent violation
arising from the same set of operative facts (Amended 3-16-05): 1. The
construction, erection or location of an accessory building in a residential
district in violation of subsection 220.127.116.11.
violation of section 4.11, which regulates uses and structures permitted in
3. The use of a major recreational
vehicle in violation of subsection 18.104.22.168.
parking of a truck with a gross vehicle weight of twelve thousand (12,000)
pounds or more or a dual-wheeled recreational vehicle in a residential district
in violation of subsection 4.13.3. Each such truck or dual-wheeled recreational
vehicle parked in a residential district in violation of subsection 4.13.3 shall
constitute a separation violation.
5. Any violation of section 4.18, which
6. The failure to maintain or
replace recreational equipment in violation of subsection 22.214.171.124.
7. Any violation of section 6, which
regulates nonconformities. (Amended 2-13-02)
Each day during which a violation is found to exist shall be a separate
offense. However, the same scheduled violation arising from the same operative
set of facts may be charged not more than once in a ten (10) day period, and the
total civil penalties from a series of such violations arising from the same set
of operative facts shall not exceed five thousand dollars ($5,000.00)
Any person summoned for a scheduled violation may elect to pay the civil penalty
by making an appearance in person or in writing by mail to the department of
finance prior to the date fixed for trial in court. A person so appearing may
enter a waiver of trial, admit liability, and pay the civil penalty established
for the offense charged. A signature to an admission of liability shall have
the same force and effect as a judgment of court. However, such an admission
shall not be deemed a criminal conviction for any purpose. If a person charged
with a violation does not elect to enter a waiver of trial and admit liability,
the violation shall be tried in the general district court in the same manner
and with the same right of appeal as provided by law. A finding of liability
shall not be deemed a criminal conviction for any purpose.
The designation of a particular violation in section 37.2(A) or (B) A
violation enforced under section 37.2 shall be in lieu of any criminal
penalty and, except for any violation resulting in injury to persons, such a
designation shall preclude the prosecution of the particular violation as a
criminal misdemeanor, but shall not preclude any other remedy available under
The designation of a particular violation in section 37.2(A) or (B)
Section 37.2 shall not be construed to allow the imposition of civil
penalties: (i) for activities related to land development within the meaning of
Virginia Code § 10.1-603.2; or (ii) for violation of any provision of the zoning
ordinance relating to the posting of signs on public property or public
G. Any reference herein to a section of
this chapter shall include all subsections and paragraphs of that section.
(Ord. 00-18(5), 6-14-00; Ord. 02-18(3), 2-13-02; Ord. 05-18(3), 3-16-05)
State law reference – Va. Code § 15.2-2209.
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