ENFORCEMENT AND REVIEW
Zoning permits issued on the basis of plans and applications approved by the Zoning Administrator authorize only the use, arrangement and construction set forth in such permits, plans, and certificates, and no other. The use, arrangement, or construction at variance with that authorized shall be deemed a violation of this chapter (Zoning Ordinance).
Whenever the Zoning Administrator receives a written, signed compliant alleging a violation of this chapter, he shall investigate the complaint, take whatever action is warranted, and inform the complainant in writing what actions have been or will be taken.
The owner, tenant, or occupant of any building or land or part thereof and any architect, builder, contractor, agent, or other person who participates in, assists, directs, creates, or maintains any situation that is contrary to the requirements of this chapter may be held responsible for the violation and suffer the penalties and be subject to the remedies herein provided.
a.
If the Zoning Administrator finds that any provision of this chapter is being violated, he shall send a written notice to the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. Additional written notices may be sent at the Zoning Administrator's discretion.
b.
The final written notice (and the initial written notice may be the final notice) shall state what action the Zoning Administrator intends to take if the violation is not corrected and shall advise that the Zoning Administrator's decision or order may be appealed to the Board of Zoning Appeals in accordance with Section 22-60.
c.
Notwithstanding the foregoing, in cases when delay would seriously threaten the effective enforcement of this chapter or pose a danger to the public health, safety, or welfare, the Zoning Administrator may seek enforcement without prior written notice by invoking any of the penalties or remedies authorized in Section 22-75.
a.
If the Zoning Administrator shall find that any of the provisions of this chapter are being violated, he shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal use of land, buildings, or structures; removal of illegal buildings or structures or of illegal work being done; or shall take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions. If such violation continues, the Zoning Administrator shall immediately notify the Town Attorney of such violation.
b.
In case any building, structure, or land is, or is proposed to be erected, constructed, reconstructed, altered, concerted, maintained, or used in violation of this chapter, the Zoning Administrator, with the assistance of the Town Attorney, in addition to other remedies, may institute in the name of the Town any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure, or land, or to prevent, in or about such premises, any act, conduct, business, or use constituting a violation.
c.
All departments, officials, and public employees of the Town of Tappahannock which are vested with the duty or authority to issue permits or licenses shall conform to the provisions of this chapter. They shall issue permits for uses, buildings, or purposes only when they are in harmony with the provisions of this chapter. Any such permit, if issued in conflict with the provisions of this chapter shall be null and void.
d.
Any person, firm, or corporation, whether as principal, agent, employee, or otherwise violating, causing, or permitting the violation of any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, may be fined up to $100.00. Such person, firm, or corporation shall be deemed to be guilty of a separate offense for each and every day during which any portion of the violation of this chapter is committed, continued, or permitted by such person, firm or corporation, and shall be punished as herein provided.
a.
A zoning, sign, or special exception permit may be revoked by the permit-authorizing authority (in accordance with the provisions of this section) if the permit recipient fails to develop or maintain the property in accordance with the plans submitted, the requirements of this chapter, or any additional requirements lawfully imposed by the permit-issuing Board.
b.
Before a special exception permit may be revoked, all of the notice and hearing and other requirements of Article VI shall be complied with. The notice shall inform the permit recipient of the alleged grounds for the revocation.
1.
The burden of presenting evidence sufficient to authorize the permit-issuing authority to conclude that a permit should be revoked for any of the reasons set forth in Subsection a. shall be upon the party advocating that position. The burden of persuasion shall also be upon that party.
2.
A motion to revoke a permit shall include, insofar as practicable, a statement of the specific reasons or findings of fact that support the motion.
c.
No persons may continue to make use of land or buildings in the manner authorized by any zoning, sign, or special exception permit after such permit has been revoked in accordance with this section.
Every decision of the Board of Zoning Appeals granting or denying a special exception permit shall be subject to review by the Circuit Court of Essex County, Virginia.
ENFORCEMENT AND REVIEW
Zoning permits issued on the basis of plans and applications approved by the Zoning Administrator authorize only the use, arrangement and construction set forth in such permits, plans, and certificates, and no other. The use, arrangement, or construction at variance with that authorized shall be deemed a violation of this chapter (Zoning Ordinance).
Whenever the Zoning Administrator receives a written, signed compliant alleging a violation of this chapter, he shall investigate the complaint, take whatever action is warranted, and inform the complainant in writing what actions have been or will be taken.
The owner, tenant, or occupant of any building or land or part thereof and any architect, builder, contractor, agent, or other person who participates in, assists, directs, creates, or maintains any situation that is contrary to the requirements of this chapter may be held responsible for the violation and suffer the penalties and be subject to the remedies herein provided.
a.
If the Zoning Administrator finds that any provision of this chapter is being violated, he shall send a written notice to the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. Additional written notices may be sent at the Zoning Administrator's discretion.
b.
The final written notice (and the initial written notice may be the final notice) shall state what action the Zoning Administrator intends to take if the violation is not corrected and shall advise that the Zoning Administrator's decision or order may be appealed to the Board of Zoning Appeals in accordance with Section 22-60.
c.
Notwithstanding the foregoing, in cases when delay would seriously threaten the effective enforcement of this chapter or pose a danger to the public health, safety, or welfare, the Zoning Administrator may seek enforcement without prior written notice by invoking any of the penalties or remedies authorized in Section 22-75.
a.
If the Zoning Administrator shall find that any of the provisions of this chapter are being violated, he shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal use of land, buildings, or structures; removal of illegal buildings or structures or of illegal work being done; or shall take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions. If such violation continues, the Zoning Administrator shall immediately notify the Town Attorney of such violation.
b.
In case any building, structure, or land is, or is proposed to be erected, constructed, reconstructed, altered, concerted, maintained, or used in violation of this chapter, the Zoning Administrator, with the assistance of the Town Attorney, in addition to other remedies, may institute in the name of the Town any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure, or land, or to prevent, in or about such premises, any act, conduct, business, or use constituting a violation.
c.
All departments, officials, and public employees of the Town of Tappahannock which are vested with the duty or authority to issue permits or licenses shall conform to the provisions of this chapter. They shall issue permits for uses, buildings, or purposes only when they are in harmony with the provisions of this chapter. Any such permit, if issued in conflict with the provisions of this chapter shall be null and void.
d.
Any person, firm, or corporation, whether as principal, agent, employee, or otherwise violating, causing, or permitting the violation of any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, may be fined up to $100.00. Such person, firm, or corporation shall be deemed to be guilty of a separate offense for each and every day during which any portion of the violation of this chapter is committed, continued, or permitted by such person, firm or corporation, and shall be punished as herein provided.
a.
A zoning, sign, or special exception permit may be revoked by the permit-authorizing authority (in accordance with the provisions of this section) if the permit recipient fails to develop or maintain the property in accordance with the plans submitted, the requirements of this chapter, or any additional requirements lawfully imposed by the permit-issuing Board.
b.
Before a special exception permit may be revoked, all of the notice and hearing and other requirements of Article VI shall be complied with. The notice shall inform the permit recipient of the alleged grounds for the revocation.
1.
The burden of presenting evidence sufficient to authorize the permit-issuing authority to conclude that a permit should be revoked for any of the reasons set forth in Subsection a. shall be upon the party advocating that position. The burden of persuasion shall also be upon that party.
2.
A motion to revoke a permit shall include, insofar as practicable, a statement of the specific reasons or findings of fact that support the motion.
c.
No persons may continue to make use of land or buildings in the manner authorized by any zoning, sign, or special exception permit after such permit has been revoked in accordance with this section.
Every decision of the Board of Zoning Appeals granting or denying a special exception permit shall be subject to review by the Circuit Court of Essex County, Virginia.