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2017 SESSION
17104090DBe it enacted by the General Assembly of Virginia:
1. That §§ 15.2-2311 and 15.2-2312 of the Code of Virginia are amended and reenacted as follows:
§ 15.2-2311. Appeals to board.
A. An appeal to the board may be taken by any person aggrieved
or by any officer, department, board or bureau of the locality affected by any
decision of the zoning administrator or from any order, requirement, decision
or determination made by any other administrative officer in the administration
or enforcement of this article, any ordinance adopted pursuant to this article,
or any modification of zoning requirements pursuant to § 15.2-2286.
Notwithstanding any charter provision to the contrary, any written notice of a
zoning violation or a written order of the zoning administrator dated on or
after July 1, 1993, shall include a statement informing the recipient that he
may have a right to appeal the notice of a zoning violation or a written order
within 30 days in accordance with this section, and that the decision shall be
final and unappealable if not appealed within 30 days. The zoning violation or
written order shall include the applicable appeal fee and a reference to where
additional information may be obtained regarding the filing of an appeal. The
appeal period shall not commence until the statement is given and the recipient receives actual notice of the
zoning violation or of the zoning administrator's written
order. A written notice of a zoning
violation or a written order of the zoning administrator that includes such
statement sent by registered or certified mail to, or posted at, the last known
address of the property owner as shown on the current real estate tax
assessment books or current real estate tax assessment records shall be deemed
sufficient notice to the property owner and shall satisfy the notice requirements
of this section. The appeal shall be taken within 30 days
after the decision appealed from by filing with the zoning administrator, and
with the board, a notice of appeal specifying the grounds thereof. The zoning
administrator shall forthwith transmit to the board all the papers constituting
the record upon which the action appealed from was taken. The fee for filing an
appeal shall not exceed the costs of advertising the appeal for public hearing
and reasonable costs. A decision by the board on an appeal taken pursuant to
this section shall be binding upon the owner of the property which is the
subject of such appeal only if the owner of such property has been provided
notice of the zoning violation or written order of the zoning administrator in
accordance with this section. The owner's actual notice of such notice of
zoning violation or written order or active participation in the appeal hearing
shall waive the owner's right to challenge the validity of the board's decision
due to failure of the owner to receive the notice of zoning violation or
written order. For jurisdictions that impose civil penalties for violations of
the zoning ordinance, any such civil penalty shall not be assessed by a court
having jurisdiction during the pendency of the 30-day appeal period.
B. An appeal shall stay all proceedings in furtherance of the action appealed from unless the zoning administrator certifies to the board that by reason of facts stated in the certificate a stay would in his opinion cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order granted by the board or by a court of record, on application and on notice to the zoning administrator and for good cause shown.
C. In no event shall a written order, requirement, decision or determination made by the zoning administrator or other administrative officer be subject to change, modification or reversal by any zoning administrator or other administrative officer after 60 days have elapsed from the date of the written order, requirement, decision or determination where the person aggrieved has materially changed his position in good faith reliance on the action of the zoning administrator or other administrative officer unless it is proven that such written order, requirement, decision or determination was obtained through malfeasance of the zoning administrator or other administrative officer or through fraud. The 60-day limitation period shall not apply in any case where, with the concurrence of the attorney for the governing body, modification is required to correct clerical errors.
D. In any appeal taken pursuant to this section, if the board's attempt to reach a decision results in a tie vote, the matter may be carried over until the next scheduled meeting at the request of the person filing the appeal.
§ 15.2-2312. Procedure on appeal.
The board shall fix a reasonable time for the hearing of an application or appeal, give public notice thereof as well as due notice to the parties in interest and make its decision within ninety days of the filing of the application or appeal. In exercising its powers the board may reverse or affirm, wholly or partly, or may modify, an order, requirement, decision or determination appealed from. However, in the case of a violation of a provision of this chapter, the board shall require a certification that the violation still exists prior to issuing any final order. The concurring vote of a majority of the membership of the board shall be necessary to reverse any order, requirement, decision or determination of an administrative officer or to decide in favor of the applicant on any matter upon which it is required to pass under the ordinance or to effect any variance from the ordinance. The board shall keep minutes of its proceedings and other official actions which shall be filed in the office of the board and shall be public records. The chairman of the board, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses.