19940111 1994-2ORDINANCE NO. 1994-2
AN ORDINANCE AMENDING SECTION 26-7, ARTICLE 1,
CHAPTER 26, OF THE CODE OF THE CITY OF FAIRFAX,
VIRGINIA, REGARDING CRIMINAL AND CIVIL PENALTIES
FOR ZONING VIOLATIONS TO PROVIDE FOR A TICKETING
PROCEDURE AND TO INCREASE THE CIVIL PENALTY
AMOUNTS AND THE VIOLATIONS FOR WHICH A CIVIL
PENALTY MAY BE IMPOSED.
WHEREAS, IT IS good zoning practice to amend the zoning text to reflect current
state regulations, and
WHEREAS, IN THE interest of public welfare, the City seeks to promote compliance
with zoning regulations through appropriate penalties for zoning violations;
THEREFORE, 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 amended to read in its entirety as follows:
Sec. 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. Co) Civil penalties.
(1) Any violation of the following provisions of Chapter 26 shall be punishable by
a civil penalty of one hundred dollars ($100.00) for the initial violation and one hundred and
fifty dollars ($150.00) for each additional violation of the same code section:
a. Section 26-14.1.
Section 26-16 Co).
Section 26-19.2.
Section 26-39.1.
Section 26-39.3.
Section 26-39.4.
b. Sections 26-43 (a) and Co); 26-44 through 26-46, and 26-47 (a) (d), and (e);
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.
Section 26-62 (a)
Sections 26-63 and 26-65
26-104.2 through 26-104.4.
26-105 through 26-108.
26-109 through 26-112.
26-113 through 26-116.
26-117 through 26-120.
26-123 through 26-126.
26-131 through 26-133.
Sections
Sections
Sections
Sections
Sections
Sections
Sections
Sections
Sections
Sections
26-138 through 26-142.
26-148.20 through 26-148.22.
26-149 through 26-153.
Sections 26-159 through 26-161.
Section 26-163.
Sections 26-166 through 26-168.
Sections 26-171 through 26-173.
Sections 26-176 through 26-178.
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Sections 26-181 through 26-184.
Sections 26-187.1, 26-188 through 26-190.
Section 26-194.5.
Section 26-203.
Sections 26-209.2, 26-209.3 and 26-209.5.
Section 26-212.
Sections 26-213.1 and 26-213.2.
Section 26-126.
(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-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 three thousand dollars
($3,000.00).
(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) In the event a summons is issued for a violation enumerated by paragraph (1)
above, the zoning administrator shall cause two (2) copies of a summons to be served upon
the persons committing the violation. In the event a ticket is issued for a violation
enumerated in paragraph (1) above, the zoning administrator shall cause two (2) copies of the
ticket to be mailed by regular or certified mail or hand-delivered to the persons committing
the violation.
(5) Such summons or ticket 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. The amount of the civil penalty assessed for the violation.
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 or ticket to elect to stand
trial for the violation and the date for such trial.
(6) The summons or ticket shall provide that any person charged with 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 or ticket 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 shall be effective as provided by law.
Planning Commission hearing
City Council hearing
Adopted
November 22, 1993
january 11, 1994
January 11, 1994
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