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Rockingham County Unincorporated
City Zoning Code

ARTICLE XII

ENFORCEMENT, VIOLATIONS AND PENALTIES

Sec. 17-1201.- Complaints and investigation regarding violations.

(a)

Any person may lodge a complaint alleging a violation of chapter 17 to have occurred. Such complaint shall be with the zoning administrator, who shall record such complaint, investigate, and take action thereon as provided by this chapter.

(b)

The zoning administrator shall make a reasonable effort to obtain consent from the owner or tenant of the subject dwelling to complete the investigation of an alleged violation.

(c)

If consent cannot be obtained, the zoning administrator may present sworn testimony to a magistrate or court of competent jurisdiction to establish probable cause that a zoning ordinance violation has occurred.

(d)

If probable cause can be established, the zoning administrator may request that the magistrate or court grant an inspection warrant to enable the zoning administrator to enter the subject dwelling for the purpose of determining whether violations of the zoning ordinance exist.

(P.C. Ord. No. 14-03, 9-24-14)

Sec. 17-1202. - Penalties and enforcement.

(a)

Any person violating, or causing or permitting the violation of, any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be ordered by the court to abate or remedy the violation in compliance with the zoning ordinance, within a time period established by the court and shall be fined not less than ten dollars ($10.00) nor more than one thousand dollars ($1,000.00). Failure to remove or abate a zoning violation within the specified time period shall constitute a separate misdemeanor offense punishable by the above named fine, and any such failure during any succeeding ten-day period shall constitute a separate misdemeanor offense for each ten-day period punishable by an additional fine of not less than one hundred dollars ($100.00) nor more than one thousand five hundred dollars ($1,500.00). In addition, any permits issued by the county to such person may be revoked by the county.

(b)

Any conviction resulting from a violation of provisions regulating the number of unrelated persons in single-family residential dwellings shall be punishable by a fine of up to two thousand dollars ($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-day period shall constitute a separate misdemeanor offense for each ten-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 such dwelling unit against a tenant to eliminate an overcrowding condition in accordance with the Code of Virginia. A conviction resulting from a violation of provisions regulating the number of unrelated persons in single-family residential dwellings shall not be punishable by a jail term.

(c)

The zoning administrator, in addition to or in lieu of other remedies, may institute appropriate action or proceedings, including injunction or abatement to restrain, correct, or abate any violation or attempted violation of the provisions of this chapter.

(P.C. Ord. No. 14-03, 9-24-14)