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 a 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. 2021-002, 11-23-2021)

(a)

Upon becoming aware of any violation of the provisions of this chapter, the administrator may issue written notice of such violation to the owner of the property, or the owner's agent, and to the person committing or permitting the violations, if different from the owner. Notice shall be mailed by registered or certified mail or hand delivered.

(b)

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.

(c)

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.

(d)

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

(e)

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

(Ord. No. 2021-002, 11-23-2021)

(a)

Upon becoming aware of any violation of the provisions of this chapter, the administrator may proceed to issue a civil summons consistent with Code of Virginia, § 15.2-2209.

(b)

Any person violating this chapter shall be guilty of a misdemeanor punishable as provided by state code.

(c)

The violation may be prosecuted as a criminal misdemeanor.

(d)

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.

(e)

The description of any lot or parcel by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring a lot shall not exempt the transaction from any penalties for violation of the subdivision ordinance, or from the remedies provided in this chapter.

(Ord. No. 2021-002, 11-23-2021)

State Law reference— Penalties for violation of zoning ordinance, Code of Virginia, § 15.2-2286(A)(5).