19890711 1989-33ORDINANCE NO. 1989-
AN ORDINANCE REPEALING AND REENACTING SECTION
26-7, ARTICLE I, CHAPTER 26, OF THE CODE OF THE
CITY OF FAIRFAX, VIRGINIA, REGARDING CRIMINAL
AND CIVIL PENALTIES FOR ZONING VIOLATIONS
BE IT ORDAINED by the City Council of the City of Fairfax,
Virginia, that Section 26-7, Article I, Chapter 26 of the Code of
the City of Fairfax, Virginia, is hereby repealed and reenacted to
read in its entirety as follows:
Section 26-7. Violations; penalties.
(a) Criminal penalties.
Any person violating any provision of this chapter or any
provision of proffers accepted pursuant thereto shall upon
conviction be fined not less than ten dollars ($10.00) nor more
than one thousand dollars ($1,000.00) for each offense. Each day
such violation continues shall constitute a separate offense.
(b)
Civil Penalties.
26 shall
($50.00):
1. Any violation of the following provisions of Chapter
be punishable by a civil penalty of fifty dollars
(a)
(b)
(c)
(U)
Sections 26-43 (a) and (b); 26-44 through 26-
46, and 26-47 (a) and (d); except, however,
violations of these sections relating to the
posting of signs on public property or public
rights-of-way shall not be punishable by a
civil penalty.
Sections 26-50 through 26-55.
Sections 26-63 through 26-65.
Sections 26-105 through 26-107.
Sections 26-109 through 26-111.
Sections 26-113 through 26-115.
Sections 26-117 through 26-119.
Sections 26-123 through 26-125.
Sections 26-130 through 26-133.
Sections 26-138 through 26-140.
Sections 26-148.20 and 26-148.21.
Sections 26-149 through 26-151.
Sections 26-159 through 26-161.
Sections 26-166 and 26-167.
Sections 26-171 and 26-172.
Sections 26-176 and 26-177.
Sections 26-181 through 26-183.
Sections 26-187.1, 26-188 and 26-189.
Sections 26.194.2.
2. Each day during which any violation enumerated in
Paragraph 1 above is found to have existed shall constitute a
separate offense. However, in no event shall any such violation
arising from the same set of operative facts be charged more
frequently than once in any ten (10) day period, nor shall a series
of such violations arising from the same set of operative facts
result in civil penalties which exceed a total of two hundred fifty
dollars ($250.00).
1989-33
3. The designation of a particular violation for a civil
penalty pursuant to Paragraph 1 above 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 such violation as a criminal misdemeanor.
4. The Zoning Administrator shall cause two (2) copies of
a summons to be served upon persons committing a violation
enumerated in Paragraph 1 above.
5. Such summons shall contain the following information:
(a) The name and address of the person charged.
(b) The nature of the violation and the provision(s)
being violated.
(c) The location, date and time that the violation
occurred or was observed.
(d)
violation.
The amount of the civil penalty assessed for the
(e) The manner, location and time in which the civil
penalty may be paid to the City.
(f) The right of the recipient of the summons to elect
to stand trial for the violation and the date for such trial.
6. The summons shall provide that any person summoned for
a violation may make an appearance in person or in writing by mail
to the Office of Treasurer at least three (3) working days prior
to the time and date fixed for trial and, at such time, may enter
a waiver of trial, admit liability, and pay the civil penalty
established for the offense charged. Such summons shall provide
that signature to an admission of liability shall have the same
force and effect as a judgment of court; however, an admission
shall not be deemed a criminal conviction for any purpose.
7. 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 by law. A finding of
liability shall not be deemed a criminal conviction for any
purpose.
8. The remedies provided for in this section are cumulative
and not exclusive and shall be in addition to any other remedies
provided by law, including, but not limited to, actions by the
zoning administrator pursuant to Section 15.1-491(d) of the Code
of Virginia or action by the governing body under Section 15.1-499
of the Code of Virginia.
This ordinance will become effective upon execution by the
Mayor.
1989-33 -3
PLANNING COMMISSION PUBLIC HEARING:
CITY COUNCIL PUBLIC HEARING:
ADOPTED:
June 26, 1989
July 11, 1989
July 11, 1989
ATTEST:
City Clerk