19-1.

Administration.

19-1-1.

This ordinance shall be enforced by the Administrator who shall be appointed by the governing body. The Administrator shall serve at the pleasure of that body. Compensation for such shall be fixed by resolution of the governing body.

19-2.

Interpretation.

19-2-1.

Unless zone boundary lines are fixed by dimensions or otherwise clearly shown or described, and where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the zoning map, the following rules shall apply.

19-2-2.

Where zone boundaries are indicated as approximately following or being at right angles to the center lines of streets, highways, alleys, or railroad main tracks, such center lines or lines at right angles to such center lines shall be construed to be such boundaries, as the case may be.

19-2-3.

Where a zone boundary is indicated to follow a river, creek, branch, or other body of water, said boundary shall be construed to follow the center line at low water or at the limits of the jurisdiction, and in the event of change in the shoreline, such boundary shall be construed as moving with the actual shoreline.

19-2-4.

If no distance, angle, curvature, description, or other means is given to determine a boundary line accurately and the foregoing provisions do not apply, the same shall be determined by the use of the scale shown on said zoning map. In case of subsequent dispute, the matter shall be referred to the Board of Zoning Appeals which shall determine the boundary, in accordance with the B.Z.A. appeals procedure. (Reference article 17.)

19-3.

Violations and Penalties.

19-3.

Violations and Penalties

19-3-1.

General Provisions.

Any building erected or improvements constructed contrary to any of the provisions of this ordinance and any use of any building or land which is conducted, operated or maintained contrary to (i) any of the provisions of this ordinance, or (ii) any development condition imposed under the provisions of this ordinance, or (iii) plan approved under the provisions of this ordinance, shall be and the same is hereby declared to be unlawful. Any person, firm or corporation, whether owner, occupant, lessee, principal, agent, employee or otherwise, who violates any of the provisions of this ordinance, or permits any such violation by act or failure to act, or fails to comply with any of the requirements hereof, or who erects any building or uses any building or land in violation of the provisions of this ordinance shall be subject to the enforcement provisions of this section.

19-3-2.

Civil Violations and Penalties.

Any violation of the provisions of this ordinance except a violation set forth below in section 19-3-5 shall be deemed a civil violation and, upon an admission of liability or finding of liability, shall be punishable by a fine of $100.00 for the first violation and $250.00 for each additional violation. Each day during which the violation is found to have existed shall constitute a separate offense. However, in no event shall specified violations arising from the same operative set of facts be charged more frequently than once in any ten-calendar-day period, and in no event shall a series of specified civil violations rising from the same operative set of facts result in civil penalties which exceed a total of $5,000.00. The designation of a particular violation of this ordinance as a criminal infraction shall preclude civil prosecution or sanctions.

19-3-3.1.1. Notice of Violation.

A.

Upon becoming aware of any civil violation of this ordinance, the Madison County Zoning Administrator shall send by certified mail, return receipt requested, a notice of such violation (a "Notice of Violation") to the person committing the violation or to the person owning the real property where the violation exists. The Notice of Violation shall require such violation to cease within such reasonable time as is specified therein. If such violation is not ceased within such reasonable time as is specified in the Notice of Violation, the Madison County Zoning Administrator may then institute such action as necessary to terminate and/or remedy the violation.

B.

If the person to whom the Notice of Violation is sent responds in writing within 30 days of receipt of such Notice of Violation, and agrees to cease and/or remedy said violation, no civil fines shall be levied, if such violation is in fact ceased or remedied within 30 days of such response.

C.

If the person to whom the Notice of Violation is sent denies under oath and in writing that a violation exists, he may appeal the decision, determination and/or Notice of Violation issued by the Madison County Zoning Administrator to the Madison County Board of Zoning Appeals pursuant to the provisions of section 15.2-2311 of the Code of Virginia and this ordinance.

19-3-4.

Court Summons for Civil Violation.

A.

After the Madison County Zoning Administrator has issued a Notice of Violation as set forth above in section 19-3-3, and if such violation has not ceased within such reasonable time as is specified in the Notice of Violation, the Zoning Administrator may issue a court summons to be served personally upon the person to whom the Notice of Violation has been sent.

B.

The court summons shall provide that any person summoned for a violation may elect to waive trial, admit liability, and pay the assessed civil penalty to the Madison County Treasurer at least 72 hours prior to the time and date fixed for trial. Such summons shall provide that a signature to an admission of liability shall have the same force and effect as a judgment of court; however, an admission shall not be deemed a criminal conviction for any purpose.

C.

If a person charged with a violation does not elect to enter a waiver of trial, admit liability, and pay the assessed civil penalty as set forth above in section 19-3-4(B), the violation shall be tried in the Madison County General District Court in the same manner and with the same right of appeal as provided by law. A finding of liability shall not be deemed a criminal conviction for any purpose.

19-3-5.

Criminal Violations and Penalties.

Any violation of the provisions of this ordinance that results in physical injury to any person shall be deemed a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not less than $10.00 and not more than $1,000.00 for each violation. Failure to remove or abate a zoning violation within the time period established by a court order shall constitute a separate misdemeanor offense punishable by a fine of not less than $10.00 nor more than $1,000.00 for each violation, and any such failure during any succeeding ten-day period shall constitute a separate misdemeanor offense for each ten-day period for each violation, punishable by a fine of not less than $100.00 nor more than $1,500.00.

19-3-6.

Additional Remedies.

In addition to the remedies provided herein, the Madison County Zoning Administrator may initiate injunction, mandamus, or any other appropriate legal or equitable action to prevent, enjoin, abate or remove any erection or use in violation of any provision of this ordinance.