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Chesterfield County Unincorporated
City Zoning Code

ARTICLE 7

Enforcement

19.2-74 Enforcement Generally

  1. A.
    Responsibility for Enforcement. The Director of Planning shall enforce this Chapter and have full cooperation from other County officials. Additionally, “Director of Planning” shall mean “Zoning Administrator”, where applicable, for purposes of taking the enforcement actions outlined in this Article.
  2. B.

    Enforcement of Zoning Conditions, Development, and Historic Designation Approvals. The Director of Planning shall administer and enforce conditions of zoning approvals by the Board of Supervisors, development, conditions of approvals by the Board of Zoning Appeals, and historic designation approvals and may:

    1. 1.
      Issue a written order to remedy noncompliance;
    2. 2.
      Bring legal action, including injunction, abatement, or other appropriate action to ensure compliance;
    3. 3.
      Require that a historically designated site be restored to its appearance prior to any demolition, alteration, or construction performed in violation of this Chapter; and
    4. 4.
      Require a guarantee, in a form satisfactory to the County Attorney, in an amount sufficient for, and conditioned upon, the construction of required physical improvements. The guarantee shall be reduced or released by the County, upon the submission of satisfactory evidence that construction of the required improvements is complete in whole or in part.
  3. C.
    Responsible Persons. Any person with care, custody, and/or control of real property who violates this Chapter is subject to the remedies and penalties expressed in this Article.

19.2-75 Enforcement of Chapter

  1. A.
    Withholding Permits. Before granting a permit to construct, alter, or use a building, structure, or premise that may be affected by this Chapter’s requirements, the Building Official shall submit the application for the permit to the Director of Planning for review and approval. If the proposed use, building, or structure conflicts with the requirements of this Chapter to include a zoning or development approval, the Building Official shall not issue the building permit or certificate of occupancy.
  2. B.

    Revoking Special Exceptions or Conditional Uses. Where authorized by Article 5 or state law, the body that granted a special exception or conditional use may revoke the same special exception or conditional use after notice and public hearing for failure to comply with the terms and conditions of the same approval. 

  3. C.
    Misdemeanor Violations. With the exception of violations that may be subject to civil penalties as outlined in Subsection E, violations of this Chapter are unclassified misdemeanors.
  4. D.
    Fines.
    1. 1.
      Generally.
      1. a.
        Misdemeanor violations are punishable by a fine of up to $1,000.
      2. b.
        If the violation is uncorrected at the time of conviction, the court shall order the violator to abate the violation within a specified time period. Failure to abate the violation within the specified time period is a separate misdemeanor offense punishable by a fine of up to $1,000, and any failure during a succeeding 10-day period is a separate misdemeanor offense punishable by a fine of up to $1,500. Any such failure during any succeeding 10-day period is a separate misdemeanor offense for each 10-day period punishable by a fine of up to $2,000.
    2. 2.
      Occupancy.
      1. a.
        A​​​​ violation regarding the number of unrelated persons in a single-family dwelling is punishable by a fine of up to $2,000.
      2. b.
        If the violation is uncorrected at the time of conviction, the court shall order the violator to abate the violation within a specified time period. Failure to abate the violation within the specified time period is punishable by a fine of up to $5,000.00 and any failure during any succeeding 10-day period is a separate misdemeanor offense for each 10-day period, punishable by a fine of up to $7,500.
    3. 3.
      Storage of Disposal of Nonagricultural Excavation Material, Waste, and Debris.
      1. a.
        A violation regarding a provision regulating the storage or disposal of nonagricultural excavation material, waste, and debris is punishable by a fine of up to $2,000.
      2. b.
        If the violation is uncorrected at the time of conviction, the court shall order the violator to abate the violation within a specified time period.  Failure to abate the violation within the specified time period is punishable by a fine of up to $5,000, and any failure during any succeeding 10-day period shall constitute a separate misdemeanor offense for each 10-day period, punishable by a fine of $7,500. 
  5. E.
    Civil Penalties.
    1. 1.
      Each day during which a violation exists is a separate offense. However, a violation arising from the same set of operative facts shall not be charged more frequently than once in any 10-day period, and a series of those violations arising from the same set of operative facts will not result in civil penalties exceeding $5,000.
    2. 2.
      Designation of a civil penalty for a violation listed in the uniform schedule of civil penalties below in Table 19.2-76.1 shall be in lieu of criminal sanctions, and except for any violation resulting in an injury to persons, such designation shall preclude the prosecution of a violation as a criminal misdemeanor, provided, however, that when such civil penalties total $5000 or more, the violation may be prosecuted as a criminal misdemeanor.
    Table 19.2-76.1 Uniform Schedule of Civil Penalties   
Violation Type  Code Section Initial Fine Amount Subsequent Fine Amount
Signs, Requiring a Permit19.2-43$150$250
Signs, Temporary19.2-43$150$250
Signs, Prohibited19.2-43$150$250
    Table 19.2-76.1 Uniform Schedule of Civil Penalties   
Violation Type  Code Section Initial Fine Amount Subsequent Fine Amount
Signs, Requiring a Permit19.2-43$150$250
Signs, Temporary19.2-43$150$250
Signs, Prohibited19.2-43$150$250
    Table 19.2-76.1 Uniform Schedule of Civil Penalties   
Violation Type  Code Section Initial Fine Amount Subsequent Fine Amount
Signs, Requiring a Permit19.2-43$150$250
Signs, Temporary19.2-43$150$250
Signs, Prohibited19.2-43$150$250
    Table 19.2-76.1 Uniform Schedule of Civil Penalties   
Violation Type  Code Section Initial Fine Amount Subsequent Fine Amount
Signs, Requiring a Permit19.2-43$150$250
Signs, Temporary19.2-43$150$250
Signs, Prohibited19.2-43$150$250
  1. F.
    Other Actions. In addition to the above, the Director of Planning may invoke any other lawful procedure available, such as injunction or abatement, as may be necessary to prevent, restrain, correct, or abate a violation of this Chapter.

19.2-76 Notices of Violation and Summonses

  1. A.
     Notice of Violation.
    1. 1.
      Service of Notice. If the Director of Planning determines that a person has violated this Chapter, the Director shall either serve a notice by hand directly to the person or by First- Class Mail to the last known address of the person.
    2. 2.
      Contents of Notice. The notice shall set forth:
      1. a.
        The nature of the violation;
      2. b.
        The time period required for compliance;
      3. c.
        A statement informing the recipient of the right to appeal the notice within 30 days to the Board of Zoning Appeals in accordance with this Chapter;
      4. d.
        The appeal fee;
      5. e.
        Location of information regarding the filing of an appeal; and
      6. f.
        A statement that the notice of violation is unappealable if not appealed within 30 days of the date of the notice.
    3. 3.
      Time Period to Comply. 
      1. a.
        Generally. Violations shall be remedied within 10 days after service of the notice, unless an extension is granted.
      2. b.
        Specific Violations. Violations involving the following: parking or display of automobiles, motor vehicles, and tractor trailers; prohibited signs; temporary signs, or computer controlled variable message electronic (EMC) signs shall be remedied within 24 hours of service of the notice, unless an extension is granted.
  2. B.
     Violations Subject to Civil Penalties.
    1. 1.
      Summons.
      1. a.
        Service of Summons. If the Director of Planning determines that a person has violated the provisions of this Chapter which are subject to civil penalties, the Director shall cause a summons to be served upon persons determined to have committed a violation subject to civil penalties.
      2. b.
        Contents of Summons. The notice shall set forth:
        1. i.
          Name and address of person charged;
        2. ii.
          Nature of the violation(s) and ordinance provision(s) violated;
        3. iii.
          Location, date, and time that the violation occurred or was observed;
        4. iv.
          Amount of civil penalty for the violation; and
        5. v.
          The right of the recipient to elect to either pay the penalty or stand trial for the infraction and the date of the trial. The summons shall state that electing to pay the penalty requires an appearance in person or in writing by mail to the County Treasurer at least 72 hours prior to the time and date fixed for trial, and that appearance enters a waiver of trial and admits liability for the offense charged. The summons shall provide that a signature is an admission of liability that has the same force and effect as a judgment of court. However, that admission is not deemed a criminal conviction for any purpose.
    2. 2.
      Failure to Enter a Waiver of Trial. If a person charged with a violation does not elect to enter a waiver of trial and admit liability, the violation is tried in the general district court in the same manner and with the same right of appeal as provided by law. It is the County's burden to prove the violator's liability by a preponderance of the evidence. A finding of liability is not deemed a criminal conviction for any purpose.