2009-04
ORDINANCE NO. 2009-04
AN OR-DINANCE AJVIENDING CHAPTER- 110. AR-TICLE I. SECTION 9
OF TIIE CODE OF TElE CITY OF FAIR-FAX:. VIR.GINIA.
REGAR.DING VIOLATIONS AND PENALTIES.
NOVV. BE IT ORDAINED by t:he Cit:y Council DC t:he Cit:y DC FairCax. Virginia.
"that: Chapt:er 110, Ar'ticle I, Sect:ion 9 DC t:he Code DC t:he Cit:y DC Fairfax is hereby
amended as "'011101"","5:
Sec. -. 1. 0-9. Viola"tions, penalt:ies.
(a) General provisions
(1) A.r1y building erect.ed or improvements constructed contrary to any of t:he provisions and
an-y use of any building or land ~hich is conducted, operated or maintained contrary to any of
the provisions or contrary to any detailed statement or plan approved under the provisions
shall be and the same is hereby declared to be unlaV\TfuL
(2) Any person,. v.....-hether oVV"ner" lessee" principal, agent" employee or othcrvv-isc" vvho
violates any of the provisions, or permits any such violation,. or fails to comply vvith any of the
requirements hereof", or vvho erects any building or uses any building or lan..d in violation of
the provisions shall be subject to the enforcement provisions of this section.
(3) Upon becoming avvare of any violation of al."l..Y provisions, the zoning administrator may
serve a notice of such violation on the person committing or permitting the same, vv-hich
notice shall require SL1.ch violation to cease vvithin such reasonable time as is specified in such
notice. After such notice is seT1t and such violation is not ceased vvithin such reasonable tin"1e
as is specified in the notice, then the zoning administrator may proceed to remedy the
violation as provided in subsections (b) or (c) belovv. The zoning administrator may also
revoke a residential or nonresidential use permit to terminate the violation.
(4) An..y vvritten notice of a zoning violation or a vvritten order of the zoning administrator
dated on or after July 1, 1993, shall include a statement informing the recipient that a right to
appeal the notice of a zoning violation or a vvritten order vvithin 30 days may exist in
accordance vvith Code of VirgiI"l..ia", S 15.2-2311 and part 3 or article 18 or the ordinance, and
that the decision shall be final and unappealable if not appealed vvithin 30 days. The appeal
period shall not commence until such statement is given.
(5) The remedies provided ror in this section are cumulative and not exclusive and shall be
in addition to any other remedies provided by lavv,. including, but not limited to", actions by the
zoning administrator pursuant to Code of Virginia, S l5.2-2286(A)(4), or action by the city
council under Code of Virginia", S 15.2-2208._In addition to the remedies described hereil."l.., the
zoning administrator may initiate injunction, mandamus, or an.y other appropriate acticH"l.. to
prevent, enjoin, abate or remove such erection or use in violation of any provision.
(b) Crinzinal penalries.
(1) Any violation or the follovving provisions, or any provision or proffers accepted pursuant
thereto 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. Failure to remove or abate a zonmg
violation within the time period established by the Court shall constitute a separate
misdemeanor offense punishable by a fine of not less than $10 nor more than $1000, and any
such failure during any succeeding ten day period shall constitute a separate misdemeanor
offense for each ten day period punishable by a fine of not less than $100 nor more than
$1500.
(a) Section 110, Article II, Division 2: Floodplains;
(b) Section 110, Article II, Division 4: Site Plans;
(c) Section 110, Article II, Division 7: Signs, only as applied to signs placed in the
right of way or on public property;
(d) Section 110, Article II, Division 11: Storm Drainage Facilities; and
(e) Section 110, Article XX: Historical Overlay District.
(2) Each day such violation continues shall constitute a separate offense.
(3) The remedy provided for in this Section shall be in addition to any other remedies
provided by law; however, the designation of a particular violation of this Ordinance as a civil
penalty shall preclude criminal prosecution or sanctions, except for any infraction also
resulting in i11iury or death to any person or persons.
(4) If the zoning administrator determines that a violation of the provisions of this chapter
enumerated in subsection (b) above has occurred, the zoning administrator shall cause a
summons in the form prescribed by the General District Court for the County of Fairfax for
such misdemeanors to be mailed by regular or certified mail or hand-delivered to the persons
committing or permitting the violation.
(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 provisions of Chapter 110 of the
City Code, other than those set forth in subsection (b) above or those for which a specific
enforcement section is included in the Article or Division applicable to that provision,
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 ofthe same Code section.
(2) Each day during which any violation enumerated in subsection (c)(1) 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)(l)
shall be in lieu of criminal sanctions, and except for any violation resulting in injury or death
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 subsection (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 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 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 of treasurer 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 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.
This ordinance shall become effective as provided by law.
City Council Public Hearing: February 24,2009
ADOPTED: February 24, 2009
%,yor
8(~ '09
Date
Attest:
t!i~~
Cit Clerk
Votes
Councilmember Cross
Councilman Drummond
Councilman Greenfield
Councilman Meyer
Councilman Rasmussen
Councilman Stombres
Aye
Aye
Absent
Aye
Aye
Aye