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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of Fairfax, Virginia, that Section 26-7, Article I, Chapter 26 of the Code of the City of Fairfax, Virginia, is hereby repealed and reenacted to read in its entirety as follows: Section 26-7.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