A.
The Zoning Administrator or his agent may make an affidavit under
oath before a magistrate or circuit court, and if such affidavit establishes
probable cause that a zoning chapter violation has occurred, request
that the magistrate or court issue the Zoning Administrator or agent
an inspection warrant to enter and inspect the subject dwelling. The
Zoning Administrator or his agents shall make reasonable effort to
obtain consent from the owner or tenant of the subject dwelling prior
to seeking the issuance of an inspection warrant.
B.
As authorized by Code of Virginia § 15.2-2286A(4), whenever
the Zoning Administrator has reasonable cause to believe that any
person has engaged in or is engaging in any violation of a zoning
ordinance that limits occupancy in a residential dwelling unit, which
is subject to a civil penalty that may be imposed in accordance with
the provisions of this chapter, and the Zoning Administrator, after
a good faith effort to obtain the data or information necessary to
determine whether a violation has occurred, has been unable to obtain
such information, the Zoning Administrator may request that the City
Attorney petition the judge of the general district court for a subpoena
duces tecum against any such person refusing to produce such data
or information. The judge of the court, upon good cause shown, may
cause the subpoena to be issued. Any person failing to comply with
such subpoena shall be subject to punishment for contempt by the court
issuing the subpoena. Any person so subpoenaed may apply to the judge
who issued the subpoena to quash it.
[Amended 3-21-2019 by Ord. No. 2019-04]
A.
Any person, whether the owner, lessee,
principal, agent, employee or otherwise, who violates or fails to
comply with any of the provisions or requirements of this zoning chapter
including, but not limited to, provisions of the district regulations,
proffers accepted by the Council, or condition of approval imposed
by the Council, or the improvement, development or alteration of any
site in violation of any plan approved pursuant to this article, shall
be subject to the following:
B.
Upon becoming aware of any violation of
the provisions of this chapter, the Administrator may issue written
notice of such violation to the person committing or permitting the
violations. Notice shall be mailed by registered or hand delivered.
C.
The notice of violation shall state the
nature of the violation, date that it was observed, the remedy or
remedies necessary to correct the violation and a reasonable time
period for the correction of the violation.
D.
Every written notice of violation of the
Administrator shall include a statement informing the recipient that
he or she may have a right to appeal the notice of zoning violation
or written order within 30 days in accordance with this section. The
decision shall be final and unappealable if not appealed within 30
days.
E.
If the recipient chooses to appeal, an
appeal fee shall be submitted as established by a Council-adopted
fee schedule.
[Amended 3-21-2019 by Ord. No. 2019-04]
A.
Any person who violates or fails to comply with any of the provisions or requirements of the Zoning Ordinance as described in § 420-18.2 shall be subject to a civil penalty of $200 for the initial summons or ticket, and a civil penalty of $500 for each additional summons or ticket arising from the same set of operative facts.
B.
Upon becoming aware of any violation of
the provisions of this chapter, the Administrator may proceed to issue
a civil summons.
C.
Any person summoned or issued a ticket
for a violation may make an appearance in person or in writing by
mail to the City Treasurer prior to the date set 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 after
first agreeing in writing to abate or remedy the violation within
a specified time frame. 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 judgment of court.
D.
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 for by law.
E.
If the violation remains uncorrected at
the time of the admission of liability or finding of liability, the
court shall order the violator to abate or remedy the violation in
compliance with this chapter. Except as otherwise provided by the
court for good cause shown, any such violator shall abate or remedy
the violation within a period time as determined by the court, but
not later than six months of the date of admission of liability or
finding of liability. Failure to remove or abate a zoning violation
within the specified time period shall constitute a separate offense
punishable by an additional civil fine and any other penalties as
ordered by the court.
F.
Civil penalties are in lieu of criminal penalties. A violation enforced under this section shall be in lieu of any criminal penalty except as provided in § 420-18.2 and, except for any violation resulting in injury to any person, such a designation shall preclude the prosecution of the particular violation as a criminal misdemeanor. The remedies provided for in this section are otherwise cumulative and not exclusive and shall be in addition to any other remedies provided by law.
G.
This section shall not be construed to
allow the imposition of civil penalties for:
(1)
Activities related to land development where, for the purposes of this section, the term "land development" means a human-made change to, or construction on, the land surface including, but not limited to, land disturbing activity within the meaning of Chapter 178 of the Code of the City of Lexington or the construction of buildings, structures or improvements under an approved site plan or subdivision plat, but does not mean the land development project's compliance with this chapter; and
(2)
The violation of any provision of
the Code of the City of Lexington relating to the posting of signs
on public property or public rights-of-way.
H.
Any person who violates or fails to comply with any of the provisions or requirements of the zoning chapter as described in § 420-18.2 and: 1) the violation or failure to comply results in injury to any person; or 2) the violation or failure to comply occurs after the $5,000 maximum aggregate civil penalty provided in § 420-18.2 has been reached, shall have committed a misdemeanor offense punishable by a fine of not less than $10 nor more than $1,000. 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 nor more than $1,000, and any such failure during any succeeding ten-day period, punishable by a fine of not less than $100 nor more than $1,500.
