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 chapter 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 reasonable effort to obtain consent from the owner or tenant of the subject dwelling prior to seeking the issuance of an inspection warrant.

As authorized by Code of Virginia § 15.2-2286A(4), whenever the Zoning Administrator has reasonable cause to believe that any person has engaged in or is engaging in any violation of a zoning ordinance that limits occupancy in a residential dwelling unit, which is subject to a civil penalty that may be imposed in accordance with the provisions of this chapter, and the Zoning Administrator, after a good faith effort to obtain the data or information necessary to determine whether a violation has occurred, has been unable to obtain such information, the Zoning Administrator may request that the City Attorney petition the judge of the general district court for a subpoena duces tecum against any such person refusing to produce such data or information. The judge of the court, upon good cause shown, may cause the subpoena to be issued. Any person failing to comply with such subpoena shall be subject to punishment for contempt by the court issuing the subpoena. Any person so subpoenaed may apply to the judge who issued the subpoena to quash it.

Any person, whether the owner, lessee, principal, agent, employee or otherwise, who violates or fails to comply with any of the provisions or requirements of this zoning chapter including, but not limited to, provisions of the district regulations, proffers accepted by the Council, or condition of approval imposed by the Council, or the improvement, development or alteration of any site in violation of any plan approved pursuant to this article, shall be subject to the following:

Upon becoming aware of any violation of the provisions of this chapter, the Administrator may issue written notice of such violation to the person committing or permitting the violations. Notice shall be mailed by registered or hand delivered.

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.

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.

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

Appeals shall be heard by the Board of Zoning Appeals in accordance with the procedures set forth in Article XIX of this chapter.

Any person who violates or fails to comply with any of the provisions or requirements of the Zoning Ordinance as described in § 420-18.2 shall be subject to a civil penalty of $200 for the initial summons or ticket, and a civil penalty of $500 for each additional summons or ticket arising from the same set of operative facts.

Upon becoming aware of any violation of the provisions of this chapter, the Administrator may proceed to issue a civil summons.

Any person summoned or issued a ticket for a violation may make an appearance in person or in writing by mail to the City Treasurer prior to the date set 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 time frame. 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.

If a person charged with a 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.

If the violation remains uncorrected at the time of the admission of liability or finding of liability, the court shall order the violator to abate or remedy the violation in compliance with this chapter. Except as otherwise provided by the court for good cause shown, any such violator shall abate or remedy the violation within a period time as determined by the court, but not later than six months of the date of admission of liability or finding of liability. 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.

Civil penalties are in lieu of criminal penalties. A violation enforced under this section shall be in lieu of any criminal penalty except as provided in § 420-18.2 and, except for any violation resulting in injury to any person, such a designation shall preclude the prosecution of the particular violation as a criminal misdemeanor. The remedies provided for in this section are otherwise cumulative and not exclusive and shall be in addition to any other remedies provided by law.

This section shall not be construed to allow the imposition of civil penalties for:

Any person who violates or fails to comply with any of the provisions or requirements of the zoning chapter as described in § 420-18.2 and: 1) the violation or failure to comply results in injury to any person; or 2) the violation or failure to comply occurs after the $5,000 maximum aggregate civil penalty provided in § 420-18.2 has been reached, shall have committed a misdemeanor offense punishable by a fine of not less than $10 nor more than $1,000. If the violation is uncorrected at the time of conviction, the court shall order the person convicted to abate or remedy the violation in compliance with this chapter, within a time period established by the court. Failure to remove or abate such violation within the time period established by the court 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, punishable by a fine of not less than $100 nor more than $1,500.