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1995 SESSION

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LD5136729
SENATE BILL NO. 1079 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the Senate Committee on Local Government) (Patron Prior to Substitute--Senator Saslaw) Senate Amendments in [ ] -- February 7, 1995 A BILL to amend and reenact § 15.1-496.1 of the Code of Virginia, relating to appeals to Board of Zoning Appeals.

Be it enacted by the General Assembly of Virginia:

1. That § 15.1-496.1 of the Code of Virginia is amended and reenacted as follows:

§ 15.1-496.1. Appeals to board.

An appeal to the board may be taken by any person aggrieved or by any officer, department, board or bureau of the county or municipality 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 or any ordinance adopted pursuant thereto. 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 thirty days in accordance with this section, and that the decision shall be final and unappealable if not appealed within thirty days. The appeal period shall not commence until such statement is given. Such appeal shall be taken within thirty 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. 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. In no event shall a written order, requirement, decision or determination made by the zoning administrator or other administrative office be subject to change, modification or reversal by any zoning administrator or other administrative office after thirty days have elapsed from the date of the written order, requirement, decision or determination where the owner of the property in question has relied in good faith on the action of the zoning administrator or other administrative office 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 thirty-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 or ministerial errors [ , or where a prior decision is found to be erroneous as a matter of law ] .