WHEREAS, the civil penalties schedule in Zoning Ordinance 37.2 is enabled by Virginia Code 15.2-2209;


WHEREAS, Zoning Ordinance 37.2 establishes civil penalties of $50 or $100 for the first zoning violation, civil penalties of $150 for each violation after the first violation, and a cumulative $3,000 cap, for each violation under the same operative facts;


WHEREAS, in 2003, Virginia Code 15.2-2209 was amended to increase the maximum civil penalty for each violation after the first violation from $150 to $250, and to increase the cumulative cap from $3,000 to $5,000; and


WHEREAS, because civil penalties have proven to be an effective tool in enforcing the Zoning Ordinance since they were adopted in 2000, it is desired to amend Zoning Ordinance       37.2 to increase the civil penalties and the cumulative cap enabled by Virginia Code 15.2-2209.


 NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenience, general welfare and good zoning practices, the Albemarle County Planning Commission hereby adopts a resolution of intent to amend the Zoning Ordinance 37.2 to achieve the purposes described herein.


BE IT FURTHER RESOLVED THAT the Planning Commission shall hold a public hearing on the zoning text amendment proposed by this resolution of intent, and make its recommendation to the Board of Supervisors, at the earliest possible date.


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