[Amended 12-16-2008; 6-15-2010]
In lieu of criminal penalties otherwise chargeable
under the Virginia Uniform Statewide Building Code, Part I, Construction
Code, except for any violation resulting in injury to any person or
persons, the following civil penalties shall be imposed upon any person,
firm or corporation for the following violations of the following
provisions of the code which are not abated or remedied promptly and
within a reasonable period of time as specified by the Building Official
of the department, after receipt of a notice of violation(s) from
the Building Official. Violations of the code which result in injury
to any person(s) may be prosecuted as a misdemeanor even if designated
below.
A. Failure to obtain a building permit before work begins.
(1) First ticket or summons, per offense: $100.
(2) Second and subsequent tickets or summons, per offense:
$350.
B. Failure to obtain a certificate of occupancy before
commencing the use and occupancy of a building or structure as required
by the code.
(1) First ticket or summons, per offense: $100.
(2) Second and subsequent tickets or summonses, per offense:
$350.
C. Failure to obtain any required inspection.
(1) First ticket or summons, per offense: $100.
(2) Second and subsequent tickets or summonses, per offense:
$350.
D. Violation of any other provision of Part I of the
code.
(1) First ticket or summons, per offense: $100.
(2) Second and subsequent tickets or summonses, per offense:
$350.
[Amended 12-16-2008; 6-15-2010]
In lieu of criminal penalties otherwise chargeable
under the Virginia Uniform Statewide Building Code (USBC), Part III,
Building Maintenance Code, except for any violation resulting in injury
to any person or persons, the following civil penalties shall be imposed
upon any person, firm or corporation, for the following violations
of the following provisions of the code which are not abated or remedied
promptly and within a reasonable period of time as specified by the
Building Official of the department after receipt of a notice of violation(s)
from the Building Official. Violations of the code which result in
injury to any person(s) may be prosecuted as a misdemeanor even if
designated below.
A. Failure to obtain any required inspection.
(1) First ticket or summons, per offense: $100.
(2) Second and subsequent tickets or summonses, per offense:
$350.
B. Violation of any other provision of Part III of the
VUSBC.
(1) First ticket or summons, per offense: $100.
(2) Second and subsequent tickets or summonses, per offense:
$350.
C. Failure to apply and maintain street numbers.
(1) First ticket or summons, per offense: $100.
(2) Second and subsequent tickets or summonses, per offense:
$350.
[Amended 6-15-2010]
Each day during which the violation of the code
is found to have existed shall constitute a separate offense. However,
in no event shall specified violations arising from the same operative
set of 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 operative set of facts result in civil penalties which exceed
a total of $4,000.
Any person, firm or corporation summoned or
issued a ticket for a scheduled violation of the code may make an
appearance in person or in writing by mail to the County Department
of Finance 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. Such person,
persons, firm or corporation shall be informed of their right to stand
trial and that a signature to and an admission of liability will have
the same force and effect as a judgment of court. As a condition of
waiver of trial, admission of liability and payment of a civil penalty,
the violator shall agree, in writing, to abate or remedy the violation
within six months after the date of payment of the civil penalty.
If a person charged with a scheduled violation
of the code 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 by law.
In any trial for a scheduled violation authorized by this section,
it shall be the burden of proof of the county to show the liability
of the violator by a preponderance of the evidence. An admission of
liability of finding shall not be a criminal offense for any purpose.
If a violation of the code concerns a residential
unit, and if the violation remains uncorrected at the time of assessment
of the civil penalty, the court shall order the violator to abate
or remedy the violation in order to comply with the code. Except as
otherwise provided by the court for good cause shown, any such violator
shall abate or remedy the violation within six months of the date
of the civil penalty.