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ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
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Developed and maintained by the Division of Legislative Automated Systems.
1994 SESSION
Be it enacted by the General Assembly of Virginia:
1. That §§ 15.1-499.1 and 36-106 of the Code of Virginia are amended and reenacted as follows:
§ 15.1-499.1. Civil penalties for violations of zoning ordinance or provisions of the Uniform Statewide Building Code.
Notwithstanding the provisions of § 15.1-491 (e), the governing body of any county, city or town may adopt an ordinance which establishes a uniform schedule of civil penalties for violations of specified provisions of the zoning ordinance and penalties for violations of the Uniform Statewide Building Code. Such schedule of offenses shall not include any zoning violation resulting in injury to any person or persons, and the existence of a civil penalty shall not preclude action by the zoning administrator under § 15.1-491 (d) or action by the governing body under § 15.1-499.
This schedule of civil penalties shall be uniform for each type of specified violation, and the penalty for any one violation shall be a fine of not more than $100 for the initial summons and not more than $150 for each additional summons. Each day during which the violation is found to have existed shall constitute a separate offense. However, in no event shall specified violations arising from the same operative set of facts be charged more frequently than once in any ten-day period, and in no event shall a series of specified violations arising from the same operative set of facts result in civil penalties which exceed a total of $3,000. Designation of a particular zoning ordinance violation or a Uniform Statewide Building Code violation for a civil penalty pursuant to this section shall be in lieu of criminal sanctions, and except for any violation resulting in injury to any person or persons, such designation shall preclude the prosecution of a violation as a criminal misdemeanor.
Any person summoned or issued a ticket for a scheduled violation may make an appearance in person or in writing by mail to the department of finance or the treasurer of any such county, city or town prior to the date fixed for trial in court. Any person so appearing may enter a waiver of trial, admit liability, and pay the civil penalty established for the offense charged. Such persons shall be informed of their right to stand trial and that a signature to an admission of liability will have the same force and effect as a judgment of court. In the case of violations of the Uniform Statewide Building Code, as a condition of waiver of trial, admission of liability, and payment of a civil penalty, the violator shall agree in writing to abate or remedy the violation within six months after the date of payment of the civil penalty.
If a person charged with a scheduled 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 for by law. In any trial for a scheduled violation authorized by this section, it shall be the burden of any such county, city or town to show the liability of the violator by a preponderance of the evidence. An admission of liability or finding of liability shall not be a criminal conviction for any purpose.
No provision herein shall be construed to allow the imposition of civil
penalties (i) for enforcement of the Uniform Statewide Building Code; (ii)
for activities related to land development or activities related to
the construction or repair of buildings and other structures; or
(iii) (ii) for violation of any provision of a local zoning
ordinance relating to the posting of signs on public property or public
rights-of-way.
§ 36-106. Violation a misdemeanor; civil penalty.
A. It shall be unlawful for any owner or any other person, firm or
corporation, on or after the effective date of any Code provisions, to
violate any such provisions. Any such violation shall be deemed a
misdemeanor and any owner or any other person, firm or corporation convicted
of such a violation shall be punished by a fine of not more than $2,500;
additionally, . If the violation concerns a residential unit and
if the violation remains uncorrected at the time of the conviction, the court
shall order the violator to abate or remedy the violation in order to comply
with the Code. Except as otherwise provided by the court for good cause
shown, any such violator shall abate or remedy the violation within six
months of the date of conviction. Any person convicted of a second offense
committed within less than five years after a first offense under this
chapter shall be punished by a fine of not less than $1,000 nor more than
$2,500. Any person convicted of a second offense committed within a period
of five to ten years of a first offense under this chapter shall be punished
by a fine of not less than $500 nor more than $2,500. Any person convicted of
a third or subsequent offense committed within ten years of an offense under
this chapter shall be punished by a fine of not less than $1,500 nor more
than $2,500. Notwithstanding the foregoing, those provisions requiring a
minimum fine shall apply only to convictions for building code violations
which cause a building or structure to be unsafe or unfit for human
habitation.
B. If a locality has adopted an ordinance establishing a uniform schedule of civil penalties as permitted by § 15.1-499.1, any person who violates any provision of the Building Code and who fails to abate or remedy the violation promptly after receipt of notice of violation from the local enforcement officer, shall, upon a finding of an appropriate general district court, be assessed a civil penalty in accordance with the schedule. A civil action for such violation may be brought by the locality wherein the land upon which the structure is located lies. In any trial for a scheduled violation, it shall be the burden of the locality to show the liability of the violator by a preponderance of the evidence. An admission of liability or finding of liability shall not be a criminal conviction for any purpose. If the violation concerns a residential unit, and if the violation remains uncorrected at the time of assessment of the civil penalty, the court shall order the violator to abate or remedy the violation in order to comply with the Code. Except as otherwise provided by the court for good cause shown, any such violator shall abate or remedy the violation within six months of the date of the assessment of the civil penalty.
B. C. Any owner or any other person, firm or corporation
violating any Code provisions relating to the removal or the covering of
lead-base paint which poses a hazard to the health of pregnant women and
children under the age of six years who occupy the premises shall, upon
conviction, be guilty of a misdemeanor and shall be subject to a fine of not
more than $2,500. If the court convicts pursuant to this subsection and sets
a time by which such hazard must be abated, each day the hazard remains
unabated after the time set for the abatement has expired shall constitute a
separate violation of the Uniform Statewide Building Code. Upon a reasonable
showing to the court by a landlord as defined in § 55-248.4, that such
landlord is financially unable to abate the lead-base paint hazard, the court
shall order any rental agreement related to the affected premises terminated
effective thirty days from the entry of the court order. For the purposes of
the preceding sentence, termination of the rental agreement shall not be
deemed noncompliance by the landlord pursuant to § 55-248.21.
C. D. Any prosecution under this section shall be commenced
within two years as provided in § 19.2-8.