It shall be a violation of this chapter, and shall subject the violator to the enforcement remedies provides in this article and by state law, for any of the following to occur:

(1)

To engage in any development, use, construction, reconstruction, remodeling or other activity of any nature upon any land and improvements subject to the jurisdiction of Stafford County, without all the certificates, licenses, permits, or other forms of authorization required under this chapter; or

(2)

To engage in any development, use, construction, reconstruction, remodeling or other activity of any nature in any manner which is inconsistent with the certificates, licenses, permits, or other forms of authorization granted for the conduct of such activity by Stafford County; or

(3)

To violate, either by commission or omission, any term, condition, or qualification placed by Stafford County upon a certificate, license, permit, or other form of authorization granted by Stafford County to allow the use, development, or other activity upon any land or improvements subject to the jurisdiction of Stafford County; or

(4)

To erect, construct, reconstruct, remodel, alter, locate, relocate, maintain or use any building, structure, or part thereof, or to use any land in violation or contravention of any regulation of this chapter or amendment thereto; or

(5)

To continue any of the above-stated violations. Each day of a violation shall be a separate offense.

(Ord. No. 094-29, § 28-1701, 8-9-94)

Any violation or attempted violation of this chapter or of any condition or requirement adopted pursuant to this chapter may be abated, corrected, enjoined, removed, or restrained by means of abatement, injunction, or other appropriate action pursuant to the Code of Virginia, 1950 (as amended) §§ 15.1-491 and 15.1-499 et seq.

Stafford County may seek such criminal or civil penalties as are provided in this chapter, or, as are or may be authorized by Virginia law. The zoning administrator or his designee may make a written determination of the existence of a violation of the provisions of this chapter and issue or cause to be issued a notice of violation and a stop work order to stop work on any building or structure on any land subject to the jurisdiction of Stafford County on which there is, or has been, an uncorrected violation of a provision of this chapter, or a violation of any permit or other form of authorization issued under this chapter by Stafford County. The cessation of work shall be in accordance with the powers and procedures authorized by the Virginia Uniform Statewide Building Code.

(Ord. No. 094-29, § 28-1702, 8-9-94)

The owner of the land or the structure which is in violation of the provisions of this chapter shall be notified in writing of each violation, stating the causes and basis thereof. Upon a determination by the zoning administrator or his designee that a violation of this chapter exists, he shall serve notice of such violation on the person committing the violation, or if the violator cannot be identified, upon the owner of the land on which the violation occurs. Such notice shall explain the violation and demand the correction or abatement of the violation. If the violation has not been corrected or abated within a reasonable time, as determined by the zoning administrator or his designee, the zoning administrator shall initiate such legal action as may be necessary to terminate and/or correct the violation.

(Ord. No. 094-29, § 28-1703, 8-9-94)

(a)

Summons. The zoning administrator or his designee shall have the authority and power to issue one or more civil summonses to violators to enforce the provisions of this chapter. Such summons shall be on forms and through procedures approved by the Stafford County Attorney.

Any person summoned for a scheduling violation may make an appearance in person or in writing by mail, the county treasurer prior to the date set for the trial. Any person so appearing may enter a waiver of trial, admit liability, and pay the civil penalty imposed. 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 judgement of the court.

(b)

Trial. If a person charged with a scheduled violation does not enter a waiver of trial, the violator shall be tried in the general district court with the same rights of appeal as provided by law.

In any action for a scheduled violation, Stafford County shall have the burden of proof to show the liability of the violator, by a preponderance of the evidence. An admission of liability or a finding of liability shall not be considered a criminal conviction for any purpose.

(c)

Fines. Each violation of this chapter may result in a civil fine of not more than one hundred dollars ($100.00) per day during which the violation is found to have existed. Each day may constitute a separate violation. However, in no event shall specified violations arising from the same set of operative facts be charged more frequently than once in any ten-day period, and in no event shall a series of specified violations arising from the same set of operative facts result in civil penalties which exceed a total of three thousand dollars ($3,000.00). Designation of a particular zoning ordinance 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 any person or persons, such designation shall preclude the prosecution of the violation as a criminal misdemeanor.

No provision of this section shall be construed to allow imposition of a civil penalty for:

(1)

Enforcement of the Uniform Statewide Building Code;

(2)

Activities related to land development or activities related to the construction or repair of buildings and other structures;

(3)

Violation of an erosion or sedimentation control ordinance; or

(4)

Violation of any provision of this chapter relating to the posting of signs on public property or public rights-of-way.

(d)

Uniform schedule of civil violations. Violation of any section of this chapter, except as specified in section 28-315 of this chapter, shall be subject to a civil penalty pursuant to the authority of the above and to Code of Virginia § 15.1-499.1, as amended, violations of this chapter shall be subject to the imposition of the corresponding scheduled penalties:

1st offense .....$ 100.00

2nd and subsequent offenses .....150.00

(Ord. No. 094-29, § 28-1704, 8-9-94; Ord. 098-59, 10-6-98; Ord. No. 099-57, 10-19-99; Ord. No. O14-10, 12-16-14)

Any person, whether as owner, lessee, principal, agent, employee, or otherwise, who violates any provision of this chapter which causes physical injury to any person, shall be guilty of a misdemeanor, and upon conviction, shall be punishable by a fine of not less than ten dollars ($10.00) and not more than one thousand dollars ($1,000.00).

Each day during which such violation continues, shall be a separate and punishable violation of this chapter.

(Ord. No. 094-29, § 28-1705, 8-9-94)

Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a written compliant with the zoning administrator or his designee. Such complaint shall state fully the causes and bases thereof and shall be filed with the zoning administrator or his designee. The zoning administrator or his designee shall properly record such complaint, investigate and take action thereon as is appropriate.

(Ord. No. 094-29, § 28-1706, 8-9-94)