Any building erected contrary to any of the provisions of this chapter and any use of any building or land which is conducted, operated or maintained contrary to any of the provisions of this chapter shall be a violation of this chapter and the same is hereby declared to be unlawful. The zoning administrator may initiate injunction, mandamus, abatement or any other appropriate action to prevent, enjoin, abate or remove such erection or use in violation of any provision of this chapter.

(Ord. of 5-25-88)

(a)

The zoning administrator shall have the responsibility for enforcing the provisions of this ordinance. The zoning administrator may, as necessary, solicit the assistance of other local and state officials and agencies to assist with this enforcement.

(b)

Property owners, permit applicant, and/or establishment owners/managers, applicable, shall be notified in writing of violations of the provisions of this section. The zoning administrator may establish a reasonable time period for the correction of the violation, however in no case shall such time period exceed fifteen (15) days from the date of written notification, except that the zoning administrator may allow a longer time period to correct the violation if the correction would require the structural alteration of a building or structure.

(c)

The notice of violation shall contain the following information:

(1)

The name and address of the person charged.

(2)

The nature of the infraction and the ordinance provision(s) being violated.

(3)

The location, date, and time that the infraction occurred, or was observed, and the remedies necessary to correct the violation.

(4)

A statement that an appeal may be filed with the board of zoning appeals within thirty (30) days of receipt of the summons. If no appeal is made within thirty (30) days, the finding of the violation contained in the summons shall be final and unappealable.

(d)

If the violation is not corrected within the time period specified in the first notification, a second written notice shall be sent. The second notification shall request compliance with these provisions within a period not to exceed fifteen (15) days.

(e)

If the zoning administrator is not able to obtain compliance with these provisions in accordance with the procedure outlined above, civil and/or criminal procedures may be initiated in accordance with county law.

(Ord. of 5-25-88; Res. No. 28-09-99, 9-21-99)

The remedies provided for in this chapter are cumulative and not exclusive and shall be in addition to any other remedies provided by law.

(Ord. of 5-25-88)

Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the cause and basis thereof shall be filed with the zoning administrator. He shall record properly such complaint, immediately investigate, and take action thereon as provided by this chapter.

(Ord. of 5-25-88)

Any person, whether as owner, lessee, principal, employee or otherwise, who violates any of the provisions of this chapter or permits any such violation, or fails to comply with any of the requirements hereof, or who erects any building on any land in violation of any detailed statement or plan submitted by him and approved under the provisions of this chapter, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than ten dollars ($10.00) nor more than one thousand dollars ($1,000.00). Each day upon which such violation continues shall constitute a separate offense.

(Ord. of 5-25-88)

(a)

Violation of the following scheduled provisions of this chapter shall be deemed an infraction and shall be punishable by a civil penalty of one hundred dollars ($100.00):

(1)

Section 25-16. Use, occupancy and construction.

(2)

Section 25-120. Junk yards.

(3)

Section 25-138. Short-term tourist rentals.

(4)

Section 25-474. Piers and docks regulated.

(5)

Section 25-476. Supplementary regulations for private dock, pier, or boathouse.

(6)

Reserved.

(b)

Each day during which any violation of the provisions scheduled above is found to have existed shall constitute a separate offense. However, in no event shall any such violation arising from the same set of operative facts be charged more frequently than once in any ten-day period, nor shall any such violation arising from the same set of operative facts result in civil penalties which exceed a total of three thousand dollars ($3,000.00).

(c)

The designation of a particular violation of this section as an infraction under this section shall preclude the prosecution of such as a criminal misdemeanor, except for any violation resulting in injury to any person or persons, which may be so prosecuted as well.

(d)

The zoning administrator shall notify by summons a person committing or suffering the existence of an infraction by certified, return receipt requested mail, of the infraction. The Franklin County Sheriff's Office may also deliver the summons. The first or initial summons shall contain the following information:

(1)

The name and address of the person charged.

(2)

The nature of the infraction and the ordinance provision(s) being violated and the remedies necessary to correct the infraction.

(3)

The location, date, and time that the infraction occurred, or was observed.

(4)

The amount of the civil penalty assessed for the infraction.

(5)

The right of the recipient of the summons to elect to stand trial for the infraction and the date of such trial.

(6)

A statement that an appeal may be filed with the board of zoning appeals within thirty (30) days of receipt of the summons. If no appeal is made within thirty (30) days, the finding of the violation contained in the summons shall be final and unappealable.

(e)

The final summons shall provide that any person summoned for a violation may, within fourteen (14) days from the date of mailing of the summons, elect to pay the civil penalty by making an appearance in person, or in writing by mail to the Franklin County Treasurer's Office at least seventy-two (72) hours prior to the time and date fixed for trial and, by such appearance, may enter a waiver of trial, admit liability, and pay the civil penalty established for the violation charged and provide that a signature to an admission of liability shall have the same force and effect as a judgement in court; however, an admission shall not be deemed a criminal conviction for any purpose.

(f)

If a person charged with a violation does not elect to enter a waiver of trial and admit liability, the zoning administrator shall cause the sheriff of Franklin County to serve the summons on the person charged in the manner prescribed by law. The violation shall be tried in general district court in the same manner prescribed by law. The violation shall be tried in general district court in the same manner and with the same right of appeal as provided for in Title 8.01 of the Code of Virginia. In any trial for a scheduled violation authorized by this section, it shall be the burden of the county to show the liability of the violator by a preponderance of the evidence. An admission of liability, of finding of liability shall not be a criminal conviction for any purpose.

(g)

The remedies provided for in this section are cumulative, and are not exclusive and, except as provided above, shall be in addition to any other remedies provided by law.

(h)

The provisions of this section shall supplement the provisions of section 25-768 et seq. of this chapter dealing with the board of zoning appeals. Use of these provisions shall stay any proceeding under this section.

(Ord. No. 28-09-99, 9-21-99)