This division provides for the administration and enforcement of this section, and procedure for administrative modifications as allowed by the Code of Virginia, § 15.2-2286(4).

(Ord. No. 20-4, 11-24-20)

The planning director shall administer and enforce this section and as such shall serve as the zoning administrator for the city. The duties of the planning director shall include receiving applications for rezoning, and serving as staff for the planning commission, the board of zoning appeals, and city council on zoning matters that are before each entity. The city manager may designate another staff person to serve as zoning administrator under the direction of the planning director. The administrator shall have all necessary authority on behalf of the governing body to administer and enforce the zoning ordinance, including:

(1)

Ordering in writing the remedying of any condition found in violation of the chapter;

(2)

Insuring compliance with the ordinance, bringing legal action, including injunction, abatement, or other appropriate action or proceeding subject to appeal pursuant to Code of Virginia, § 15.2-2311;

(3)

In specific cases, making findings of fact and, with concurrence of the city attorney, conclusions of law regarding determinations of rights accruing under Code of Virginia, § 15.2-2307 or Code of Virginia, § 15.2-2311(C);

(4)

Accepting applications for administrative modifications and making determinations as allowed by the Code of Virginia, § 15.2-2286(4) and as described in section 50-233.

(Ord. No. 20-4, 11-24-20)

Upon becoming aware of any violation of the provisions of this chapter, the administrator may issue written notice of such violation to the person committing or permitting the violations with the following stipulations:

(1)

Notice shall be mailed by registered or certified mail or hand delivered.

(2)

The notice of violation shall state the nature of the violation, date that it was observed, the remedy or remedies necessary to correct the violation and a reasonable time period for the correction of the violation.

(3)

Every written notice of violation of the administrator shall include a statement informing the recipient that he or she may have a right to appeal the notice of zoning violation or written order within 30 days in accordance with this section. The decision shall be final and unappealable if not appealed within 30 days.

(4)

If the recipient chooses to appeal, an appeal fee shall be submitted as established by the city council adopted fee schedule.

(5)

Appeals shall be heard by the board of zoning appeals in accordance with the procedures set forth in division 16 of this chapter.

(Ord. No. 20-4, 11-24-20)

The zoning administrator or his agent may make an affidavit under oath before a magistrate or circuit court, and if such affidavit establishes probable cause that a zoning ordinance violation has occurred, request that the magistrate or court issue the zoning administrator or agent an inspection warrant to enter and inspect the subject dwelling. The zoning administrator or his agents shall make reasonable effort to obtain consent from the owner or tenant of the subject dwelling prior to seeking the issuance of an inspection warrant.

(Ord. No. 20-4, 11-24-20)

Violations of any portion of this article shall be subject to penalties as described in Code of Virginia, §§ 15.2-2209 and 15.2-2286 as well as any other applicable section of the Code of Virginia.

(1)

The following shall be subject to penalties: The owner or general agent of a building or premises where a violation of any provision of this article has been committed or shall exist, or the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist, or the owner, general agent, lessee or tenant of any part of the building or premises in which such violation has been committed or shall exist, or the general agent, architect, builder, contractor, or any person who commits, takes part or assists in any such violation or who maintains any building or premises in which any violation shall exist.

(2)

Upon becoming aware of any violation of the provisions of this chapter, the administrator may proceed to issue a civil summons.

(3)

Any person summoned or issued a ticket for a violation may make an appearance in person or in writing by mail to the city treasurer prior to the date set for trial in court. Any person so appearing may enter a waiver of trial, admit liability, and pay the established penalty after first agreeing in writing to abate or remedy the violation within a specified timeframe. 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 judgement of court.

(4)

If a person charged with a 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.

(5)

Any such violation of this chapter shall be a misdemeanor subject to the maximum fines allowed by Code of Virginia, § 15.2-2209.

(6)

The violation may be prosecuted as a criminal misdemeanor as allowed by the Code of Virginia in cases of injury to persons and when civil penalties total $5,000.00 or more.

(7)

If the violation is uncorrected at the time of the conviction, the court shall order the violator to abate or remedy the violation in compliance with this chapter, within a time period established by the court. Failure to remove or abate a zoning violation within the specified time period shall constitute a separate offense punishable by an additional civil fine and any other penalties as ordered by the court.

(Ord. No. 20-4, 11-24-20)

In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered, converted, or maintained, or any building, structure or land is or is proposed to be used in violation of this article, the building code official, city attorney, or other appropriate authority of the city, or any adjacent or neighboring property owner who would be specially damaged by such violation may, in addition to other remedies, institute an injunction, mandamus, or other appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, or to correct or abate such violation, or to prevent the occupancy of such building, structure or land.

(Ord. No. 20-4, 11-24-20)

The zoning administrator is authorized to grant a modification from any provision contained in the zoning ordinance with respect to physical requirements on a lot or parcel of land, including but not limited to size, height, location or features of or related to any building, structure, or improvements. Administrative modifications shall not be granted for outdoor advertising.

(1)

The administrator shall find in writing that:

a.

The strict application of the ordinance would produce undue hardship;

b.

Such hardship is not shared generally by other properties in the same zoning district and the same vicinity; and

c.

The authorization of the modification will not be of substantial detriment to adjacent property and the character of the zoning district will not be changed by the granting of the modification.

(2)

Prior to the granting of a modification, the zoning administrator shall give all adjoining property owners written notice of the request for modification, and an opportunity to respond to the request within 21 days of the date of the notice. If an adjoining owner, duly notified, objects to the granting of the modification the zoning administrator may:

a.

Suggest an altered modification request from the applicant to accommodate the adjoining owner;

b.

Determine that the modification is warranted despite the received objection and grant the modification notifying the adjoining owner of the decision and the availability of the appeal process; and/or

c.

Determine that the received objection is valid and if no accommodation may be made on the part of the applicant to satisfy the adjoining owner, require the applicant to apply for a formal variance as provided by Code of Virginia, § 15.2-2309.

(3)

The zoning administrator shall inform the planning commission of any pending applications for modification prior to approval allowing individual members of the commission to provide written comment to the zoning administrator for his/her consideration.

(4)

The zoning administrator shall make a decision on the application for modification and issue a written decision with a copy provided to the applicant and any adjoining landowner who responded in writing to the notice sent pursuant to this section. The decision of the zoning administrator shall constitute a decision within the purview of Virginia Code, § 15.2-2311, and may be appealed to the board of zoning appeals as provided by that section. The applicant shall bear the burden of cost for any such appeal including but not limited to application and advertising fees. However, if the filed appeal is successful the city may reimburse those costs as approved by the city council. Decisions of the board of zoning appeals may be appealed to the circuit court as provided by Virginia Code, § 15.2-2314.

(5)

The zoning administrator shall respond within 90 days of a request for a decision or determination on zoning matters within the scope of his authority unless the requester has agreed to a longer period.

(Ord. No. 20-4, 11-24-20)