Frederick County, VA Maintenance; Enforcement

Alternative on-site sewage systems.

In accordance with § 15.2-2157 of the Code of Virginia, the owner of property on which is located an alternative on-site sewage system is subject to civil penalties for violations of § 161-201.10 of this Code, as follows:

(a)

Failure to procure an annual inspection report in accordance with § 161-201.10C: $100 for an initial summons and $150 for each additional summons.

(b)

Failure to provide an annual inspection report in accordance with § 161-201.10D: $100 for an initial summons and $150 for each additional summons.

(c)

Failure to establish or maintain a relationship with an approved operator or provide the operator's name and license number to the Health Department in accordance with § 161-201.10E: $100 for an initial summons and $150 for each additional summons.

(d)

Failure to keep at the property a copy of the operation and maintenance log provided by the designated operator in accordance with § 161-201.10F: $100 for an initial summons and $150 for each additional summons.

(e)

Failure to obtain the approval of the Health Department for any modification, alteration of expansion of such system in accordance with § 161-201.10G: $100 for an initial summons and $150 for each additional summons.

(f)

Failure to repair or replace a failing system in accordance with § 161-201.10H: $100 for an initial summons and $150 for each additional summons.

(2)

Each day during which the violation is found to have existed shall constitute a separate offense. However, 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 exceeding a total of $3,000. If the violation is not abated after the imposition of the maximum fine, the locality may pursue other remedies as provided by law. Designation of these particular chapter violations for a civil penalty are in lieu of criminal penalties, except for any violation that contributes to or is likely to contribute to the pollution of public or private water supplies or the contraction or spread of infectious, contagious, and dangerous diseases.

(3)

The Health Department may issue a civil summons ticket as provided by law for a scheduled violation. Any person summoned or issued a ticket for a scheduled violation may make an appearance in person or in writing by mail to the Treasurer of Frederick County, Virginia prior to the date fixed for trial in court. Any person so appearing may enter a waiver of trial, admit liability, and pay the civil penalty established for the offense charged.

(4)

If a person charged with a scheduled 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 for by law. In any trial for a scheduled violation, the locality shall have the burden of proving by a preponderance of the evidence the liability of the alleged violator. An admission of liability or finding of liability under this section shall not be deemed an admission at a criminal proceeding.

In addition to the enforcement of the penalties provided in this section, the Health Department may bring a civil action for injunction, abatement or any other legal or equitable remedy to prevent, enjoin, abate or remove a violation of the provisions of this chapter or any agreement under § 165-401.02.

Any person, user, firm or corporation, whether a principal, agent, employee or otherwise, who violates or causes or permits the violation of any of the provisions of this chapter or who is found to have violated any order of the Frederick-Winchester Service Authority or the Frederick County Sanitation Authority or who has willfully or negligently failed to comply with any provisions of this chapter or the orders, rules, regulations and permits issued hereunder shall be guilty of a misdemeanor and subject to maximum fine of $2,500 or by imprisonment for not more than 12 months, or by both such fine and imprisonment, for each offense.

In addition to the penalties provided herein, reasonable attorney's fees, court reporter's fees and other expenses of litigation by appropriate suit at law against the person found to have violated this chapter or the orders, rules, regulations and permits issued hereunder may be recovered.

If the violation is found to be willful or deliberate or is continued beyond a reasonable time allowed by the Health Department for corrections, each day such violation shall continue shall be considered a separate offense.