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2007 SESSION

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SB 1412 Zoning administrator; authority thereof when investigating violation of ordinance.

Introduced by: Ken T. Cuccinelli, II | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Authority of a zoning administrator.  Whenever the zoning administrator of a locality within Planning District 8 has reasonable cause to believe that any person has engaged in or is engaging in any violation of a zoning ordinance that limits occupancy in a residential dwelling unit, which is subject to a civil penalty that may be imposed in accordance with the provisions of § 15.2-2209, and the zoning administrator, after a good faith effort to obtain the data or information necessary to determine whether a violation has occurred, has been unable to obtain such information, he may request that the attorney for the locality petition the judge of the general district court for his jurisdiction for a subpoena duces tecum against any such person refusing to produce such data or information.

SUMMARY AS PASSED SENATE:

Authority of a zoning administrator.  Provides that whenever the zoning administrator has a reasonable cause to believe that any person has engaged in or is engaging in any violation of a zoning ordinance that limits occupancy in residential dwelling units and after making a good faith effort to obtain the data, information, and attendance of witnesses necessary to determine whether such violation has occurred or is occurring is unable to obtain such data, information, or attendance, he may request the attorney for the locality to petition the judge of the general district court for his jurisdiction for a subpoena against any such person refusing to produce such data and information or refusing to appear as a witness, and the judge of such court may, upon good cause shown, cause the subpoena to be issued. The foregoing measure tracks language in § 15.2-854, which applies to investigations conducted by certain commissions on human rights.

SUMMARY AS INTRODUCED:

Authority of a zoning administrator. Provides that whenever the zoning administrator has a reasonable cause to believe that any person has engaged in or is engaging in any violation of a zoning ordinance that limits occupancy in residential dwelling units and after making a good faith effort to obtain the data, information, and attendance of witnesses necessary to determine whether such violation has occurred or is occurring is unable to obtain such data, information, or attendance, he may request the attorney for the locality to petition the judge of the general district court for his jurisdiction for a subpoena against any such person refusing to produce such data and information or refusing to appear as a witness, and the judge of such court may, upon good cause shown, cause the subpoena to be issued. The foregoing measure tracks language in § 15.2-854, which applies to investigations conducted by certain commissions on human rights. The bill also provides that upon the request of a zoning administrator, the Commissioner of the Department of Motor Vehicles shall provide whatever classes of information the requesting administrator shall require to investigate an alleged violation of a zoning ordinance involving limitations on occupancy of a residential dwelling unit.