This article establishes procedures by which the County seeks to ensure compliance with the provisions of this Ordinance and to obtain corrections for Ordinance violations. It also sets forth the remedies and penalties that apply to violations of this Ordinance. The provisions of this article are intended to encourage the voluntary correction of violations where possible.

(Ord. No. 1335, § 74, 11-12-2024)

Compliance with all the procedures, standards, and other provisions of this Ordinance is required by any person owning, developing, managing, using, or occupying land or structures in the County.

(Ord. No. 1335, § 75, 11-12-2024)

All permits and development approvals required by this Ordinance must be obtained prior to development.

(Ord. No. 1335, § 76, 11-12-2024)

Each permit or development approval authorizes only the development set forth in that permit or development approval.

(Ord. No. 1335, § 77, 11-12-2024)

Any failure to comply with this Ordinance, or the terms or conditions of any permit or other development approval or authorization granted in accordance with this Ordinance, will constitute a violation of this Ordinance as provided in this article.

It will be a violation of this Ordinance to undertake any development contrary to the provisions of this Ordinance, including any action to:

A.

Disturb or develop land without first obtaining all appropriate permits and development approvals and complying with their terms and conditions.

B.

Occupy or use land or a structure without first obtaining all appropriate certificates, permits and development approvals and complying with their terms and conditions.

C.

Disturb any landscaped area or vegetation required by this Ordinance, including the topping of trees that is detrimental to the long-term viability of the trees.

D.

Install, create, erect, alter, or maintain any sign without first obtaining the appropriate permits or development approvals and complying with their terms and conditions.

E.

Fail to remove any sign installed, created, erected, altered, or maintained in violation of this Ordinance, or for which the permit has expired.

F.

Create, expand, replace, or change any nonconformity except in accordance with this Ordinance.

G.

Reduce or diminish the dimensions of a lot such that it falls below the minimum requirements for use, development, design, or dimensional standards in this Ordinance.

H.

Increase the intensity or density of development, except in accordance with the standards of this Ordinance.

I.

Violate, by act or omission, any term, condition of approval, or qualification of a permit or development approval, or other form of authorization granted by the County to allow development.

J.

Engage in any development or other activity in any way inconsistent with a permit or development approval, or other form of authorization granted for such activity by the County under this Ordinance.

K.

Obtain a permit or development approval through false or misleading information.

All persons responsible for a violation of this Ordinance may be held jointly and severally liable for the violation. Any person who violates this Ordinance is subject to the remedies and penalties set forth in this article.

For the purposes of this article, "person" includes an individual, corporation, government agency, government official, business trust, partnership, two or more persons having a joint interest, or any other legal entity. Persons subject to the remedies and penalties established in this article for Ordinance violations include the owner, tenant, or occupant of the land or structure that is in violation of this Ordinance, and a builder, contractor, agent, or any other person who knowingly causes an Ordinance violation (e.g., knowingly erecting a structure that violates the plans or conditions of an approved development application).

The Planning Director will be responsible for enforcing the provisions of this Ordinance in accordance with the Code of Virginia. The Planning Director may appoint one or more deputies to assist in the enforcement of this Ordinance. All other County officials will fully cooperate with the Planning Director and any appointed deputies in the enforcement of this Ordinance.

A.

Complaints and Investigation. Whenever a violation of this Ordinance occurs, or is alleged to have occurred, any person may file a complaint, identifying the alleged violation and the person making the complaint, with the Planning Director. The Planning Director will record the complaint, investigate promptly, and take action to abate or correct any violation that is found.

B.

Notice of Violation.

1.

On finding that a violation of this Ordinance exists, whether from an investigation of a written complaint or otherwise, the Planning Director, or any deputy appointed by the Planning Director, will provide written notice of the violation to the owner of the land on which the violation exists, the occupant (if applicable), and the person causing or maintaining the violation. The written notification will be sent by registered or certified mail to the last known address or usual place of abode of such individuals, or their registered agents, if any. There shall be a rebuttable presumption that the last known address is that shown on the current real estate tax assessment records, or the address of a registered agent that is shown in the records of the Clerk of the State Corporation Commission. Such notification will:

(a)

Describe the location and nature of the violation;

(b)

Order that the violation be corrected within a specified time;

(c)

State the action(s) that may be taken if the violations are not corrected, which may not be exhaustive;

(d)

State the recipient may have the right to appeal the notice within 10 days for temporary or seasonal commercial uses, parking of commercial trucks in residential zoning districts, or similar short-term, recurring violations, and within 30 days for all other violations, in accordance with Code of Virginia § 15.2-2311 and Sec. 24-2320, Appeal of Administrative Decisions, and that the decisions will be final and unappealable if not appealed within the time limit; and

(e)

State the appeal fee, if any, and include a reference to where additional information may be obtained regarding filing of an appeal.

2.

If the owner of the land cannot be located or determined, the Planning Director, or any deputy appointed by the Planning Director, will post a copy of the notice at the last known address or usual place of abode of the owner of the land or the owner's registered agent, and post notice on the building, structure, sign, or site that is the subject of the violation.

3.

Additional written notices may be provided at the discretion of the Planning Director or deputy appointed by the Planning Director.

C.

Appeal of Notice of Violation.

1.

Time Period for Appeal. A notice of violation involving temporary or seasonal commercial uses, parking of commercial trucks in residential zoning districts, or similar short-term, recurring violations must be appealed within ten days in accordance with the Code of Virginia. Any other notice of violation must be appealed within 30 days. If no appeal has been filed within the appeal period, the notice will be deemed final and unappealable.

2.

Filing of Appeal Stays Other Proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from unless the Planning Director certifies to the BZA or Board of Supervisors, as applicable, that by reason of facts stated in the certificate a stay would in his 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 board or by a court of record, on application and on notice to the Planning Director and for good cause shown.

D.

Application of Remedies and Penalties. On determining that the violator has failed to correct the violation within the time limit specified in the notice of violation or within 30 days (whichever is less), or any granted extension, the Planning Director, or deputy appointed by the Planning Director, will take appropriate action, as provided in Article 7, Division 6, Remedies and Penalties, to correct and to abate the violation and to ensure compliance with this Ordinance.

E.

Emergency Enforcement without Notice. On determining that delay in abating the violation would pose imminent peril to life or property, the Planning Director may seek immediate enforcement without prior written notice by invoking any of the remedies authorized in Article 7, Division 6, Remedies and Penalties. The person responsible for the violation will be notified as soon as is reasonably possible.

The County may issue a stop work order on any building or structure on any land on which there is or has been an uncorrected violation of this Ordinance or of a permit or development approval or other form of authorization issued hereunder in accordance with its powers to stop work under the Virginia Uniform Statewide Building Code.

A.

Any person who violates any of the provisions of this chapter will be deemed guilty of a misdemeanor offense and upon conviction will be fined not more than $1,000.

B.

If the violation is uncorrected at the time of conviction, the court will 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 will constitute a separate misdemeanor offense punishable by a fine of not more than $1,000. Any such failure during the next 10-day period will constitute a separate misdemeanor offense punishable by a fine of not more than $1,500. Any such failure during any succeeding 10-day period will constitute a separate misdemeanor offense for each succeeding 10-day period punishable by a fine of not more than $2,000.

Any person who violates Sec. 24-5313, Tree Protection, will be deemed guilty of a misdemeanor offense and upon conviction will be ordered by the court to replace any trees that have been removed unlawfully. The number and size of trees to be planted will be as set forth in Sec. Sec. 24-5313.F, Replacement and Mitigation of Protected Trees.

Any violation of this Ordinance may be restrained, corrected, or abated by injunction or other appropriate proceeding in accordance with the Code of Virginia. The County may exercise any other remedies allowed by the Code of Virginia for violations of this Ordinance. To the extent allowed by law, all remedies and penalties provided herein will be cumulative.

A.

General. If the recipient of a permit issued by the Planning Director fails to develop or maintain the land or structure(s) subject to the permit or comply with the terms and conditions of the permit, the permit may be revoked by the Planning Director in accordance with the procedures and standards of this section.

B.

Notification of Revocation of Permits. On determining that the recipient of the permit has failed to develop or maintain the land or structure in compliance with the terms and conditions of the permit, that the recipient has failed to comply with the terms and conditions of the permit, or that information in the permit application was materially false or misleading, the Planning Director may revoke the permit by providing written notification. The notification must include a statement of the specific reasons or findings of fact that support the revocation. The notification must also include notification that the Planning Director's decision may be appealed to the BZA in accordance with Sec. 24-2320, Appeal of Administrative Decisions.

C.

Appeal of Revocation of Permits. A revocation of a permit by the Planning Director may be appealed by any person aggrieved within 30 calendar days to the BZA in accordance with Sec. 24-2320, Appeal of Administrative Decisions.

D.

Effect of Revocation. No person may continue to use land or buildings in the manner authorized by a permit after the permit is revoked in accordance with this section.