2007-17
ORDINALNCE NO. 2007 - 17
AN ORDINALNCE AJVJ:ENDING CIIALPTER 110. ARTICLE I. SECTION 110-9 TO
REVISE TIIE PROCEDURE FORTIIE ISSUANCE OF CIVIL PENALTIES FOR
CIVIL VIOLALTIONS OF CIIALPTER 110 ZONING.
NOV\!'. HE IT ORDALINED by 1;he Ci1;y Council oC 1;he Ci1;y oC FairCax. Virginia.
1;ha1; Chap1;er 110. Ar1;icle I. Sec1;ion 110-9 oC 1;he Code oC 1;he Ci1;y oC FairCax. are hereby
amended as Collo""",5:
ARTICLE I. IN GENERA.L
Sect:ion 110-9. Violat:ions., penalt:ies.
Sec. 110-9. Violations" penalties.
(a~ General Provisions
(1) Any building erected or improvements constructed contrary to any of the
provisions of this Chapter a.nd any use of any building or land VV"hich is
conducted,. operated or maintained contrary to any of the provisions of this
Chapter or contrary to any detailed statement or plan approved under the
provisions of this Chapter shall be and the same is hereby declared to be
unlavvful.
(2) Arly person" VV'hether ovvner" lessee, principal" agent, employee or othcrvv"ise,
V\.Tho violates any of the provisions of this Chapter" or permits any such
violation, or fails to comply VV"ith any of the requirements hereof, or VV"ho erects
any building or uses any building or land in violation of the provisions of this
Chapter shall be subject to the enforcement provisions of this Section.
(3) Upon becoming aVV"are of any violation of any provisions of this Chapter, the
Zoning Administrator may serve a notice of such violation on the person
committing or permitting the same, V\fhich notice shall require such violation to
cease VV"ithin such reasonable time as is specified in such notice. After such
notice is sent and such violation is not ceased VV"ithin such reasonable time as is
specified in the notice, then the Zoning Administrator may proceed to remedy
the violation as provided in Section 110-9(b) or I IO-9(c) belo'-V. The Zoning
Administrator may also revoke a Residential or Non-Residential .Use Permit to
terminate the violation.
An..y VV"ritten notice of a zoning violation or a vvritten order of the Zoning
Administrator dated on or after July 1, 1993 shall include a statement
(4)
informing the recipient that a right to appeal the notice of a zoning violation or
a VV"ritten order VV"ithin thirty (30) days may exist in accordance- VV"ith Sect. 15.2-
231 I of the Code of Virginia and Part 3 of Article 18 of the Ordinance, and
that the decision shall be final and unappealable ifnot appealed vvithin thirty
(30) days. The appeal period shall not commence- until such statement is given.
In addition to the remedies described herein, the Zoning Administrator may
initiate injunction, mandamus, or any other appropriate action to prevent,
(5)
enjoin, abate or remove such erection or use in violation of any provision of
this Chapter.
(b) Criminal penalties. Any violation of the provisions of this chapter, or any provision of
proffers accepted pursuant thereto, other than those set forth in Section 110-9(c) below,
shall be deemed a misdemeanor and, upon conviction, shall be fined not less than $10.00
nor more than $1,000.00 for each offense. Each day such violation continues shall
constitute a separate offense.
(c) Civil penalties.
(1) Any person, whether owner, lessee, principal, agent, employee or otherwise who
commits, permits, assists in or attempts any violation of the following provisions
of this chapter, whether by act or omission, shall be punishable by a civil penalty
of$200.00 for the initial violation and $500.00 for each additional violation of the
same Code section:
a. Section 110-38 (visual clearance).
Section 110-57(b) (Floodplains; general provisions).
Section 110-80 (Permitted uses).
Section 110-152 (Off-street parking and loading; general provisions).
Section 110-154 (Off-street parking in Old Town Fairfax).
b. Sections 11O-179(a) and (b) (Signs; general provisions), 110-180 (Signs
permitted), 110-181 (Tables), 110-182 (Temporary signs), 110-183 (Prohibited
signs), and 110-184(1), (4) and (5) (Administration and enforcement); 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.
c. Section 110-207 (Performance standards in certain districts).
Section 110-208 (Vibration).
Section 110-209 (Radioactivity).
Section 110-210 (Electrical interference).
Section 110-211 (Liquid or solid wastes).
Section 110-212 (Glare and heat).
d. Section 110-252 (Tree preservation, landscaping and screening; tree removal
permit).
e. Section 110-253 (Acts harmful to trees).
Section 110-255 (Canopy cover required).
f. Section 110-387 (Accessory structures in R-l, R-2 and R-3 districts; permitted
accessory structures).
Section 110-388 (Use limitations of accessory structures).
Section 110-389 (Location requirements for accessory structures).
Section 110-451 (R-l residential district; permitted use--By right).
Section 110-453 (Uses prohibited).
Section 110-454 (Height, area, setback and lot width).
Section 110-481 (R-2 residential district; permitted uses--By right).
Section 110-482 (Same-- With special use permit).
Section 110-483 (Uses prohibited).
Section 110-484 (Height, area, setback and lot width).
Section 110-511 (R-3 residential district; permitted uses--By right).
Section 110-512 (Same-- With special use permit).
Section 110-513 (Uses prohibited).
Section 110-514 (Height, area, setback and lot width).
Section 110-541 (RT townhouse district; permitted uses--By right).
Section 110-542 (Same-- With special use permit).
Section 110-543 (Uses prohibited).
Section 110-544 (Area, setback, height and density).
Section 110-571 (R-T6 townhouse district; permitted use; by right).
Section 110-572 (Same-- With special use permit).
Section 110-573 (Uses prohibited).
Section 110-574 (Area, setback, height and density).
Section 110-602 (RM multifamily district; permitted uses--By right).
Section 110-603 (Same-- With special use permit).
Section 110-604 (Bulk and lot area requirements).
Section 110-631 (P-D planned development district; permitted uses--By right).
Section 110-632 (Same-- With special use permit).
Section 110-633 (Uses prohibited).
Section 110-634 (Area, setback, height, coverage, density and floor are ratio).
Section 110-635 (Parking requirements).
Section 110-671 (RPD residential planned development district; permitted
uses--By right).
Section 110-672 (Same-- With special use permit).
Section 110-673 (Bulk and lot area requirements).
Section 110-701 (CPD commercial planned development district; permitted
uses--By right).
Section 110-702 (Same-- With special use permit).
Section 110-703 (Uses prohibited).
Section 110-704 (Area, setback, height, density and floor area ratio).
Section 11 0-705 (Parking requirements).
Section 110-731 (C-l L limited office district; permitted uses--By right).
Section 110-732 (Same-- With special use permit).
Section 110-733 (Uses prohibited).
Section 110-735 (Height, area, setback, lot width, floor area ratio, open space
and maximum building size).
Section 110-761 (C-l office commercial district; permitted uses--By right).
Section 110-762 (Same-- With special use permit).
Section 110-763 (Bulk and lot area requirements).
Section 110-781 (C-2 retail commercial district; permitted uses--By right).
Section 11 0-782 (Same-- With special use permit).
Section 110-783 (Bulk and lot area requirements).
Section 110-801 (C-3 general commercial district; permitted uses--By right).
Section 110-802 (Same-- With special use permit).
Section 110-803 (Bulk and lot area requirements).
Section 110-821 (1-1 industrial district; permitted uses--By right).
Section 110-822 (Same--With special use permit).
Section 110-823 (Uses prohibited).
Section 110-824 (Area, setback, height and coverage).
Section 110-841 (1-2 industrial district; permitted uses--By right).
Section 110-843 (Same-- With special use permit).
Section 110-844 (Uses prohibited).
Section 110-845 (Area, setback and height).
g. Section 110-952 (Historic overlay district; generally; approval required for
improvements ).
Section 110-976 (Old Town Fairfax Historic District; permitted uses; by right
and with special use permit).
Section 110-977 (Bulk and lot area requirements).
Section 110-996 (Fairfax Public School Historic District; permitted uses; by
right and with special use permit).
Section 110-1043 (Old Town Fairfax Transition Overlay District; approval
required for improvements).
Section 110-1045 (Uses permitted).
Section 110-1046 (Bulk and lot area requirements).
(2) Each day during which any violation enumerated in subsection (b)(l) of this
section 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 $5,000.00.
(3) The designation of a particular violation for a civil penalty pursuant to subsection
(c)( 1) of this section 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) If the Zoning Administrator determines that a violation of the provisions of this
chapter enumerated in Section 11 0-9( c) above has occurred, the Zoning
Administrator shall cause a ticket to be mailed by regular or certified mail or hand-
delivered to the persons committing or permitting the violation.
(5) Such ticket shall contain the following information:
a. The name and address of the person charged.
b. The nature of the violation and the provision being violated.
c. The location, date and time that the violation occurred or was observed.
d. The amount ofthe 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 ticket to elect to stand trial for the violation.
(6) The ticket shall provide that any person charged with a violation may make an
appearance in person or in writing by mail to the office oftreasurer and, at such
time, may enter a waiver of trial, admit liability and pay the civil penalty
established for the offense charged. Such 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 oftrial 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 Code of Virginia, ~
l5.2-2286(A)(4), or action by the city council under Code of Virginia, S 15.2-
2208.
This ordinance shall become effective as provided by law.
Planning Commission Public Hearing: July 9,2007
City Council Public Hearing: July 24, 2007
Adopted: July 24,2007
~\~~~~
ayor
3/?f /07
I Date I
Attest:
~
City Clerk
The vote on the motion to approve was recorded as follows:
VOTE:
Councilwoman Cross Aye
Councilman Greenfield Aye
Councilwoman Lyon Aye
Councilman Rasmussen Aye
Councilman Silverthorne Aye
Councilmember Winter Aye