Fredericksburg City Zoning Code
ARTICLE 72
7 Enforcement
SECTION 72-70 General Provisions
A.
No land, building, or structure shall be erected, converted, enlarged, altered, used or occupied, and no building or structure shall hereafter be located, erected, constructed, reconstructed, altered, repaired or moved except in conformity with the zoning regulations specified within this chapter.
B.
No land shall be subdivided, and no lot shall be created or altered, except in conformity within the requirements of this chapter.
C.
The following conduct is hereby declared to be unlawful and subject to the enforcement provisions of this article:
(1)
Violation of any provision of this chapter or of any regulation adopted pursuant to authority conferred by it.
(2)
Construction or erection of any building or structure, or of any improvements to land, contrary to any of the provisions of this chapter, and any use of a building, structure or land that is conducted, operated or maintained contrary to any of the provisions of this chapter or contrary to any detailed statement, plan, permit, certificate, variance or approval issued under the provisions of this chapter.
(3)
Failure to maintain improvements, required under the terms of an approval granted under this chapter, in a condition that ensures protection of the public safety and general welfare.
(4)
Failure to maintain or repair a contributing structure or protected property with the Historic Fredericksburg District.
(5)
Procurement of any amendment, modification, or any required permit, certificate or approval though misrepresentation of any material fact.
(6)
Initiating any land disturbing activity, or any activity for which a zoning permit, building permit or demolition permit is required, without obtaining all necessary approvals and permits.
D.
Upon becoming aware of any violation of any provision of this chapter, the enforcement agent may proceed to remedy the violation as provided in this article. For the purpose of this article, the term "enforcement agent" shall include and refer to the Zoning Administrator or the Development Administrator, and their duly authorized deputies, as may be applicable.
SECTION 72-71 Inspection Warrant
The Zoning Administrator or his agent may present sworn testimony to a magistrate or court of competent jurisdiction and if such sworn testimony establishes probable cause that an ordinance violation has occurred, request that the magistrate or court grant the Zoning Administrator or his agent an inspection warrant to enable the Zoning Administrator or his agent to enter the subject land, building or structure, including, without limitation, a dwelling for the purpose of determining whether violations of this chapter exist. The Zoning Administrator or his agent shall make a reasonable effort to obtain consent from the owner or tenant of the subject land, building or structure, including, without limitation, a dwelling prior to seeking the issuance of an inspection warrant under this section.
SECTION 72-72 Notice of Zoning Violation
A.
Upon becoming aware of any violation of the zoning provisions of this chapter, the Zoning Administrator may deliver written notice of such violation to the person committing or permitting the violation. Notice mailed by registered or certified mail to, or posted at, the last known address of the property owner as shown on the current real estate tax assessment records shall be deemed sufficient notice to the property owner.
B.
The Zoning Administrator shall, in a written notice of violation, state the nature of the violation, the date that it was observed, and the remedy or remedies necessary to correct the violation. The Zoning Administrator may establish a reasonable time period for the correction of the violation.
C.
Every written notice of violation or written order of the Zoning 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, and that the decision shall be final and unappealable if not appealed within 30 days. However, for a notice of violation involving temporary or seasonal commercial uses, parking of commercial trucks in residential zoning districts, maximum occupancy limitations of a residential dwelling unit, or similar short-term, recurring violations, the appeal deadline shall be 10 days and the notice shall so state.
D.
The zoning violation or written order shall include the applicable appeal fee and a reference to where additional information may be obtained regarding the filing of an appeal. The appeal period shall not commence until the statement is given.
E.
If the violation is subject to the schedule of civil penalties in this chapter, then no such civil penalty shall accrue or be assessed during the thirty-day appeal period.
F.
The issuance of a violation notice and/or correction order shall suspend the effect of any approval, permit, plan, variance or certificate previously issued that relates to the property or premises subject to the order until such time as the violation notice and/or correction order is withdrawn by the Zoning Administrator or is stayed by an appeal to the Board of Zoning Appeals (BZA). The Zoning Administrator may, if so specified in the violation notice and/or correction order, revoke any permit or certificate previously issued by him.
G.
An appeal from the Zoning Administrator's written notice of violation or written order shall be taken within 30 days after the decision or interpretation being appealed, shall be in writing, shall state the grounds thereof, and shall be accompanied by the applicable fee. An appeal shall stay all proceedings in furtherance of the action appealed from unless the Zoning Administrator certifies to the BZA that by reason of facts stated in the certificate a stay would in his or her 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 BZA or by a court of record, on application and notice to the Zoning Administrator and for good cause shown.
H.
Appeals shall be heard by the BZA in accordance with the procedures set forth in Article 72-2 of this chapter for all other appeals of administrative actions of the Zoning Administrator. Appeals to the BZA shall be governed by Code of Virginia §§ 15.2-2309, 15.2-2311, 15.2-2312, and 15.2-2314 as may be applicable.
SECTION 72-73 Criminal Penalties
In the event that the enforcing agent determines that there has been any violation of this chapter, the enforcing agent may seek criminal process against the alleged violator. The issuance if a violation notice and/or corrections order shall not be deemed a precondition to the issuance of a warrant or summons pursuant to this section.
A.
Subdivision violations:
(1)
Any person who commits a violation of § 72-25.1A of this chapter shall be guilty of a criminal misdemeanor and subject to a fine of not more than $500 for each lot or parcel of land unlawfully subdivided, transferred or sold and shall be required to comply with all applicable provisions of Article 72-2, Article 72-5 and all other applicable provisions of this chapter. The description of the lot or parcel by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from the penalties or remedies herein provided.
B.
Zoning violations:
(1)
Any person who commits a violation of the zoning regulations or requirements set forth within this chapter, except a violation subject to civil penalties below, shall be guilty of a misdemeanor, punishable by a fine of not less than $10 nor more than $1,000.
(2)
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, not to exceed 30 days. Failure to remove or abate a zoning violation within the specified time period shall constitute a separate misdemeanor offense punishable by a fine of not less than $10 nor more than $1,000, and any such failure during any succeeding ten-day period shall constitute a separate misdemeanor offense for each ten-day period punishable by a fine of not less than $10 nor more than $1,500.
(3)
Any conviction resulting from a violation of provisions regulating the number of unrelated persons in single-family residential dwellings shall be punishable by a fine of up to $2,000. Failure to abate the violation within the specified time period shall be punishable by a fine of up to $5,000, and any such failure during any succeeding ten-day period shall constitute a separate misdemeanor offense for each ten-day period punishable by a fine of up to $7,500. No such fine shall accrue against an owner or managing agent of a single-family residential dwelling unit during the pendency of any legal action commenced by such owner or managing agent of such dwelling unit against a tenant to eliminate an overcrowding condition in accordance with Chapter 13 or Chapter 13.2 of Title 55, Code of Virginia, as applicable. A conviction resulting from a violation of provisions regulating the number of unrelated persons in single-family residential dwellings shall not be punishable by a jail term.
SECTION 72-74 Civil Penalties for Certain Zoning Infractions
A.
Upon becoming aware of any violation of the zoning provisions of this chapter, the Zoning Administrator may proceed to issue a civil summons as provided below for a scheduled violation, as set forth within Subsection F below. The issuance of a violation notice or correction order shall not be deemed a precondition to civil action pursuant to this section.
B.
The Zoning Administrator may issue a civil summons as provided by law for a scheduled violation. Any person summoned or issued a ticket for a scheduled violation may make an appearance in person or in writing by mail to the City Treasurer 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 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 judgment of court.
C.
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 the City 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.
D.
If the violation remains uncorrected at the time of the admission of liability or finding of liability, the court may order the violator to abate or remedy the violation in order to comply with this chapter.
E.
Except as otherwise provided by the court for good cause shown, any such violator shall abate or remedy the violation within a period of time as determined by the court, but not later than six months of the date of admission of liability or finding of liability. Each day during which the violation continues after the court-ordered abatement period has ended shall constitute a separate offense. An admission of liability or finding of liability shall not be a criminal conviction for any purpose.
F.
Any violation of the following zoning provisions of this chapter shall be deemed a civil infraction, punishable by a civil penalty of $200 for the first violation, and a civil penalty of $300 for each subsequent violation arising from the same set of operative facts, provided however, that a series of violations arising from the same set of operative facts shall not result in civil penalties which exceed a total of $5,000:
(1)
Painting, constructing, erecting, remodeling, relocating or expanding a sign without a permit.
(2)
Erecting any prohibited sign on private property in violation of § 72-59, Signage.
(3)
Failure to obtain zoning approval in violation of Article 72-2, Administration.
(4)
Failure to obtain zoning approval and/or a business license for a home occupation in violation of § 72-42, Accessory uses.
(5)
Any minimum yard violation as prescribed in the district standards for each zoning district.
G.
The designation of a particular violation of this chapter as an infraction pursuant to Subsection F above 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; provided, however, that when such civil penalties, arising from the same set of operative facts, total $5,000 or more the violation may be prosecuted as a criminal misdemeanor.
SECTION 72-75 Civil Remedy or Relief
A.
Any Violation or attempted violation of this chapter, or any regulation adopted hereunder, may be retrained, corrected, or abated as the case may be, by injunction or other appropriate proceeding.
B.
At any time after the filing of an injunction or other appropriate proceeding to restrain, correct, or abate a zoning violation, and where the owner of the subject property is a party to such proceeding, the Zoning Administrator or City Council may record a memorandum of lis pendens pursuant to Code of Virginia, § 8.01-268. Any memorandum of lis pendens admitted to record in an action to enforce a zoning ordinance shall expire after 180 days. If the local government has initiated an enforcement proceeding against the owner of the real property and such owner subsequently transfers the ownership of the real property to an entity in which the owner holds an ownership interest greater than 50%, the pending enforcement proceeding shall continue to be enforced against the owner.
SECTION 72-76 Remedies Cumulative
The remedies provided by this article shall be cumulative.