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:

 

By Amending:

 

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:

 

A.        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 4.2.3.1.

 

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 4.2.3.2.

 

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.
 

10.       Any 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 4.10.3.4.

 

2.         Any violation of section 4.11, which regulates uses and structures permitted in required yards.
 

3.         The use of a major recreational vehicle in violation of subsection 4.13.1.2.

 

4.         The 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 regulates noise.

 

6.         The failure to maintain or replace recreational equipment in violation of subsection 4.16.3.2.

 

7.         Any violation of section 6, which regulates nonconformities.  (Amended 2-13-02)

 

CB.      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) (Amended 3-16-05).

 

DC.      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.

 

ED.      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 this chapter.

 

FE.       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 rights-of-way.

 

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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