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Petersburg City Zoning Code

ARTICLE 33

- ENFORCEMENT, VIOLATION AND PENALTIES

Section 1. - Violation.

(1)

It shall constitute a violation of this ordinance for any person either owner, agent, or occupant, to do any of the things for which a permit is required by this ordinance without having first obtained such a permit.

a.

Any such permit issued upon a false statement of any fact which is material to the issuance thereof shall be void. Whenever the Zoning Administrator shall determine that they have issued a permit under such circumstances, they shall revoke the permit and give notice to the holder by mail to the address set out in the permit application and by posting such notice in some conspicuous place upon the premises. Any person who shall proceed thereafter with such work or use without having obtained a new permit in accordance with this chapter shall be deemed guilty of a violation of this ordinance.

(2)

It shall constitute a violation of this ordinance for any person to erect, construct, reconstruct, alter, repair, or convert any building or use any land in a manner which does not comply with the provisions of this ordinance.

(3)

It shall constitute a violation of this chapter for any person either owner, agent or occupant, to disobey, neglect or refuse to comply with or resist the enforcement of any of the provisions of this ordinance. Each day upon which any such violation shall continue shall constitute a separate violation.

(4)

It shall be unlawful for any person to violate any of the provisions of this ordinance in such a manner as to result in injury to any person.

(Ord. No. 25-030, Exh. A, 4-15-2025)

Section 2. - Duty of Zoning Administrator, police and other city officers.

It shall be the duty of the Zoning Administrator to enforce the provisions of this ordinance, and to refuse to issue any permit for any building, or for the use of any premises, which would violate any of the provisions of said ordinance. It shall also be the duty of all officers and employees of the city, and especially of all members of the police department, to assist the Zoning Administrator by reporting to him any seeming violation in new construction, reconstruction, or land uses.

If the zoning administrator finds that any of the provisions of this ordinance are being violated, they shall notify in writing the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it.

(Ord. No. 25-030, Exh. A, 4-15-2025)

Section 3. - Authority of Zoning Administrator to deal with violations.

In any case any building is erected, constructed, reconstructed, altered, repaired or converted, or any building or land is used in violation of this ordinance, the Zoning Administrator is authorized and directed to institute any appropriate action to put an end to such violation.

(Ord. No. 25-030, Exh. A, 4-15-2025)

Section 4. - Penalty.

(1)

Any person or corporation who shall violate any of the provisions of this ordinance, or fail to comply therewith or with any of the requirements thereof, or who shall build or alter any building in violation of any detailed statement or plan submitted and approved hereunder, shall be guilty of a misdemeanor and shall be liable to a fine of not less than ten dollars ($10.00) nor more than one thousand dollars ($1,000.00). The owner or owners of any building or premises or part thereof, where anything in violation of this ordinance shall be placed, or shall exist, and any architect, builder, contractor, agent, person or corporation employed in connection therewith, and who have assisted in the commission of any such violation, shall be guilty of a separate offense and upon conviction thereof shall be fined as hereinbefore provided.

(2)

In lieu of any criminal penalty otherwise chargeable under this section, civil penalties may be levied in accordance with the Code of Virginia, § 15.2-2209 as amended for any violation which does not result in injury to any person.

a.

Any person who, having been served with a notice of violation to abate or remedy a violation of a kind provided in Section 1, shall fail to comply with such order within thirty (30) days after such service or shall continue the violation with respect to the violation named in such notice shall be subject to a civil penalty of two hundred dollars ($200.00) for the initial summons or violation, and five hundred dollars ($500.00) for each additional summons or violation. Each day during which the violation is found to have existed shall constitute a separate offense. Specified violations arising from the same operative set of facts shall not be charged more frequently than once in any ten-day period, and a series of specified violations arising from the same operative set of facts shall not result in civil penalties which exceed a total of five thousand dollars ($5,000.00).

b.

Designation of a particular violation for a civil penalty pursuant to this section shall be in lieu of criminal sanctions, and except for any violation resulting in injury to persons, such designation shall preclude the prosecution of a violation as a criminal misdemeanor, provided, however, that when such civil penalties total five thousand dollars ($5,000.00) or more, the violation may be prosecuted as a criminal misdemeanor.

(Ord. No. 25-030, Exh. A, 4-15-2025)