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

(Ord. No. O-2014-13, 6-2-14)

(a)

General. Compliance with all the procedures, standards, and other provisions of this chapter is required by all persons owning, developing, managing, using, or occupying land or structures in the county.

(b)

Receipt of development approvals or permits required. All persons shall obtain all permit and development approvals required by this chapter prior to development.

(Ord. No. O-2014-13, 6-2-14)

(a)

Violations generally.

(1)

Failure to comply with ordinance or term or condition of approval constitutes ordinance violation. Failure to comply with a standard, requirement, prohibition, or limitation imposed by this chapter, or the terms or conditions of any development approval or permit, conditional use permit, or other authorization granted in accordance with this chapter shall constitute a violation of this chapter punishable as provided in this article.

(2)

Permits or permit approvals only authorize development approved. Development approvals or permits issued by a decision-making body or county staff authorize only the use, arrangement, location, design, density or intensity, and development set forth in such development approvals or permits.

(b)

Specific violations. It shall be a violation of this chapter to undertake any activity contrary to the provisions of this chapter, including but not limited to any of the following:

(1)

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

(2)

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

(3)

Construct improvements upon any lot created in violation of the provisions in the Powhatan County Subdivision Ordinance.

(4)

Undertake any land disturbing activity without first obtaining all appropriate development approvals or permits, and complying with their terms and conditions.

(5)

Disturb any landscaped area or vegetation required by this chapter.

(6)

Install, create, erect, alter, or maintain any sign without first obtaining the appropriate permit, and complying with its terms and conditions.

(7)

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

(8)

Create, expand, replace, or change any nonconformity except in compliance with this chapter.

(9)

Reduce or diminish the requirements for development, design, or dimensional standards below the minimum required by this chapter.

(10)

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

(11)

Engage in any development or other activity of any nature in any way inconsistent with a development approval or permit, or other form of authorization granted for such activity by the county.

(12)

Violate, by act or omission, any term, condition of approval, or qualification placed by a decision-making body on a development approval or permit, or other form of authorization granted by the county to allow development.

(13)

Keeping or maintaining a dump heap, as defined herein, on property in any zoning district that prohibits such activity.

(Ord. No. O-2014-13, 6-2-14; Ord. No. O-2014-25, 10-6-14; Ord. No. O-2019-15, 3-25-19)

The owner, tenant, or occupant of any land or structure, and an architect, engineer, builder, contractor, agent, or any other person who participates in, assists, directs, creates, or maintains a situation that constitutes a violation of this chapter may be held responsible for the violation and subject to the remedies and penalties set forth in this article.

(Ord. No. O-2014-13, 6-2-14)

(a)

Responsibility for enforcement. The administrator shall be responsible for enforcing the provisions of this chapter in accordance with the Code of Virginia.

(b)

Complaints regarding violations. Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a complaint. The complaint, stating fully the cause and basis therefore shall be filed with the administrator, who shall properly record such complaint, investigate, and take appropriate action as provided by this chapter.

(c)

Enforcement procedure.

(1)

Investigation of potential violations.

a.

Upon receiving a written complaint or otherwise learning there is a potential violation of this chapter; the administrator shall investigate and determine whether a violation of this chapter exists.

b.

When the administrator has reasonable cause to believe a person has engaged in or is engaging in any violation of this chapter that limits occupancy in a residential dwelling unit, and has been unable, after a good faith effort, to obtain information needed to determine whether a violation has occurred, the administrator may seek a subpoena to obtain such information in accordance with Code of Virginia § 15.2-2286.

c.

Following an unsuccessful good faith effort to obtain consent to investigate an alleged violation of this chapter, the administrator may present sworn testimony to a magistrate or court of competent jurisdiction and request an inspection warrant to enable the administrator to enter the premises for the purpose of determining whether a violation exists.

(2)

Notice of zoning violations.

a.

Procedure.

1.

Upon finding that a violation of the zoning provisions of this chapter exists, the administrator shall take appropriate action to ensure compliance with this chapter. Such action may include written notification of the violation through a notice of violation, by personal service or certified mail, return receipt requested, to the owner of the property on which the violation exists and/or the person causing or maintaining the violation. Such notification shall:

i.

Describe the location and nature of the violation;

ii.

State the actions necessary to abate the violation;

iii.

Order that the violation be corrected within a specified reasonable time period not to exceed 30 days after receipt of the notice of violation.

2.

The notice of violation shall advise the alleged violator(s) of their right to appeal the notice of violation to the BZA in accordance with section 83-123(q), Appeal (zoning), within 30 days of receipt of the notice of violation, and that the decision not to appeal shall be final and unappealable if not appealed within 30 days.

3.

A notice of violation involving temporary or seasonal commercial uses, parking of commercial trucks in a residential zoning district, or similar short-term, recurring violations shall have an appeal of ten days, and the decision not to appeal shall be final and unappealable if not appealed within ten days.

4.

Upon receiving a written request for extension of the time limit for correction specified in the notice of violation, the zoning administrator may, for good cause shown, grant an extension of the time for up to 30 days.

5.

If the owner of the property cannot be located or determined, the administrator shall post a copy of the notice of violation on the building, structure, sign, or site that is the subject of the violation. In such a case, the time limit for correction of the violation shall be deemed to begin five days after the notice is posted.

b.

Application of remedies and penalties. Upon determining that the violator has failed to correct the violation by the time limit set forth in the notice of violation, or any granted extension, or has failed to timely appeal the notice of violation in accordance with section 83-123(q), Appeal (zoning), the administrator shall, after consultation with the county attorney, take appropriate action, as provided in section 83-515, Remedies and penalties, to correct and abate the violation and to ensure compliance with this chapter.

c.

Emergency enforcement without notice. Upon determining that delay in correcting the violation would pose a danger to the public health, safety, or welfare, the administrator may seek immediate enforcement without prior written notice by invoking any of the remedies authorized in section 83-515, Remedies and penalties.

(Ord. No. O-2014-13, 6-2-14; Ord. No. O-2014-25, 10-6-14)

Any violation of this article may be corrected, restrained, or abated by any of the following proceedings and remedies in accordance with the Code of Virginia.

(1)

Remedies.

a.

Stop work order issuance. 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 chapter or of a development approval or permit or other form of authorization issued hereunder in accordance with its powers to stop work under the Virginia Uniform Statewide Building Code.

b.

Civil penalties. Any person, whether the owner, lessee, principal, agent, employee or otherwise, who violates any provision of this chapter, or permits either by granting permission to another to engage in the violating act or by not prohibiting or correcting the violating act after being informed by the zoning administrator that the act violates this chapter shall be subject to a civil penalty as defined in Code of Virginia, § 15.2-2209 and based upon the following uniform schedule:

1.

Procedure. Proceedings seeking civil penalties for all violations of this chapter shall commence either by filing a civil summons in the general district court or by the zoning administrator or his deputy issuing a ticket. The schedule of offenses shall not include any zoning violation resulting in injury to any persons.

2.

Minimum elements of a civil summons or ticket. A civil summons or ticket shall contain, at a minimum, the following information: (i) the name and address of the person charged; (ii) the nature of the violation and the section of this chapter allegedly violated; (iii) the location and date that the violation occurred or was observed; (iv) the amount of the civil penalty being imposed for the violation; (v) the manner, location and time in which the civil penalty may be paid to the county; (vi) the right of the recipient of the summons to elect to stand trial and that a signature to an admission of liability will have the same force and effect as a judgment of a court; and either the date scheduled for trial, or the date for scheduling of such trial by the court.

3.

Amount of civil penalty. Any violation of this chapter shall be subject to a civil penalty of $200.00 for the initial summons or ticket, and a civil penalty of $500.00 for each additional summons or ticket arising from the same set of operative facts.

4.

Maximum aggregate civil penalty. The total civil penalties from a series of violations arising from the same set of operative facts shall not exceed $5,000.00. After the civil penalties reach the $5,000.00 limit, the violation may be prosecuted as a criminal misdemeanor under section 83-515(1)d.

5.

Each day a separate offense. Each day during which a violation is found to exist shall be a separate offense. However, the same scheduled violation arising from the same operative set of facts may be charged not more than once in a ten-day period.

6.

Option to prepay civil penalty and waive trial. Any person summoned or ticketed for a violation of this chapter may elect to pay the civil penalty by making an appearance in person or in writing by mail to the department of finance prior to the date fixed for trial in court. A person so appearing may enter a waiver of trial, admit liability, and pay the civil penalty established for the offense charged. A signature to an admission of liability shall have the same force and effect as a judgment of court. However, such an admission shall not be deemed a criminal conviction for any purpose. 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 by law. A finding of liability shall not be deemed a criminal conviction for any purpose.

7.

Civil penalties are in lieu of criminal penalties. A violation enforced under section 83-515(1)b. shall be in lieu of any criminal penalty except as provided in section 83-515(1)b.4., and where the zoning violation results in injury to any persons. Such a designation shall preclude the prosecution of the particular violation as a criminal misdemeanor, but shall not preclude any other remedy available under this chapter.

c.

Correct and abate. Any violation or attempted violation of this chapter may be restrained, corrected, or abated by injunction or other appropriate proceeding in accordance with the Code of Virginia.

d.

Criminal penalties. Any person, whether the owner, lessee, principal, agent, employee or otherwise, who violates any provision of this chapter that results in injury to any person, or to whom the $5,000.00 maximum aggregate civil penalty provided in section 83-515(1)b.4. has been reached and who continues to violate any provision of this chapter, or permits either by granting permission to another to engage in the violating act or by not prohibiting or correcting the violating act after being informed by the zoning administrator that the act continues to violate this chapter as provided in section 83-514, shall be subject to the following:

1.

The person shall have committed a misdemeanor offense punishable by a fine of not less than $10.00 nor more than $1,000.00.

2.

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 $10.00 nor more than $1,000.00, and any such failure during any succeeding ten-day period shall constitute a separate misdemeanor offense for each ten-day period, punishable by a fine of not less than $100.00 nor more than $1,500.00.

3.

Notwithstanding sections 83-515(1)d.1. and 2., any conviction resulting from a violation of provisions regulating the number of unrelated persons in single-family residential dwelling units shall be punishable by a fine of up to $2,000.00. Failure to abate the violation within the specified time period shall be punishable by a fine of up to five thousand dollars ($5,000.00), and any such failure during any succeeding ten (10) day period shall constitute a separate misdemeanor offense for each ten (10) day period punishable by a fine of up to seven thousand five hundred dollars ($7,500.00).

However, no such fine shall accrue against an owner or managing agent of a single-family residential dwelling unit during the pendency of any legal action commenced by such owner or managing agent of the dwelling unit against a tenant to eliminate an overcrowding condition in accordance with chapters 13 or 13.2 of title 55 of the Virginia Code, as applicable. A conviction resulting from a violation of provisions regulating the number of unrelated persons in single-family residential dwelling units shall not be punishable by a jail term. In accordance with Code of Virginia, § 15.2-2286(A)(5), the court may impose penalties upon the conviction of any violator. A violation shall be a misdemeanor punishable by a fine that does not exceed the maximum allowed by law. If the violation is uncorrected at the time of conviction, the court shall order the violator to abate or remedy the violation to comply with the violation, 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 misdemeanor offense punishable by a fine that does not exceed the maximum allowed by law.

e.

Memorandum of lis pendens. At any time after the filing of an injunction or other appropriate proceeding to restrain, correct, or abate an alleged violation of a zoning provision of this chapter where the owner of the real property is a party to such proceeding, the administrator may record a memorandum of lis pendens in accordance with the Code of Virginia.

f.

Other penalties authorized by Code of Virginia. The county shall have such other remedies as are and as may from time to time be provided for or allowed by the Code of Virginia, for the violation of zoning, and other provisions of the Code of the County of Powhatan, Virginia.

(2)

Cumulative remedies and penalties. To the extent allowed by law, all such remedies provided herein shall be cumulative.

(Ord. No. O-2014-13, 6-2-14; Ord. No. O-2014-25, 10-6-14)