§ 4-9. Penalties; sanctions, injunctive relief, fines.

A.

It shall be unlawful for any owner or any other person, firm or corporation, on or after the effective date of any building code provisions or fail to comply with any of the requirements thereof or erect, construct, alter or repair a building or structure in violation of an approved plan or directive of the building official or in violation of a permit or certificate issued under the building code, and shall be punishable pursuant to section 36-106 of the Code of Virginia (1950, as amended) as follows:

(1)

Criminal sanctions. .....Upon conviction, any owner or any other person, firm or corporation shall be guilty of a misdemeanor and shall be punished by a fine of not more than two thousand five hundred dollars. Any person convicted of a second offense committed within less than five years after a first offense shall be punished by a fine of not less than one thousand dollars nor more than two thousand five hundred dollars. Any person convicted of a third or subsequent offense involving the same property committed within ten years of an offense shall be punished by confinement in jail for not more than ten days and a fine of not less than two thousand five hundred dollars nor more than five thousand dollars, either or both. No portion of the fine imposed for such third or subsequent offense committed within ten years shall be suspended. Provisions requiring a minimum fine shall apply only to convictions for building code violations which cause a building or structure to be unsafe or unfit for human habitation.

(2)

Civil fines:

(a)

Any person who violates any provision of the building code and who fails to abate or remedy the violation promptly after receipt of notice of violation from the local enforcement officer shall be assessed a civil penalty in accordance with the following uniform schedule:

1.

Failure to obtain a building permit before work begins:

a.

First offense, per day .....$100.00

b.

Subsequent offenses for same violation, per day .....$350.00

2.

Failure to obtain a certificate of occupancy before commencement of occupancy:

a.

First offense, per day .....$100.00

b.

Subsequent offenses for same violation, per day .....$350.00

3.

Failure to obtain any required inspection:

a.

First offense, per day .....$100.00

b.

Subsequent offenses for same violation, per day .....$350.00

4.

Violation of any other provision of the building code:

a.

First offense, per day .....$100.00

b.

Subsequent offenses for same violation, per day .....$350.00

Each day during which a violation is found to exist shall be a separate offense. However, in no event shall specified violations arising from the same set of operative facts be charged more frequently than once in a ten-day period and in no event shall a series of such violations result in civil penalties of more than four thousand dollars.

Designation of a particular Code of Virginia violation for a civil penalty pursuant to this section shall be in lieu of criminal sanctions, and except for any violation resulting in injury to persons, such designation shall preclude the prosecution of a violation as a misdemeanor.

(b)

Any person summoned for a scheduled violation may make an appearance in person or in writing by mail to the county treasurer prior to the date fixed for trial in court. Any person so appearing may enter a waiver of trial, admit liability, and pay the civil penalty established for the offense(s) charged. Such persons shall be informed of their right to stand trial and that a signature to an admission of liability will have the same force and effect as a judgment of court. As a condition of waiver of trial, admission of liability, and payment of a civil penalty, the violator and a representative of the county shall agree in writing to terms of abatement or remediation of the violation within six months after the date of payment of the civil penalty.

If a person charged with a scheduled 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 for by law. In any trial for a scheduled violation authorized by this section, it shall be the burden of the locality to show the liability of the violator by a preponderance of the evidence. An admission of liability or finding of liability shall not be a criminal conviction for any purpose.

(3)

Injunctive relief. .....Except as otherwise provided by the court for good cause shown, any violation or attempted violation of this chapter shall be abated or remedied within six months of the date of the assessment of the conviction. If the violation concerns a residential unit and if the violation remains uncorrected at the time of the conviction, the court shall order that the violation be abated or remedied in order to comply with the Code of Virginia. If the violation concerns a nonresidential building or structure, and if the violation remains uncorrected at the time of assessment of the civil penalty, the court may order the violator to abate or remedy the violation in order to comply with the Code of Virginia. Injunctive relief shall be in addition to any criminal or civil penalty imposed by the court. Civil or criminal action may be brought in con junction with a separate action for injunctive relief. However, the offenses designated for civil penalties above shall be in lieu of criminal enforcement.

B.

Any owner or any other person, firm or corporation violating any code provisions relating to the removal or the covering of lead-based paint which poses a hazard to the health of pregnant women and children under the age of six years who occupy the premises shall, upon conviction, be guilty of a misdemeanor and shall be subject to a fine of not more than two thousand five hundred dollars. If the court convicts pursuant to this subsection and sets a time by which such hazard must be abated, each day the hazard remains unabated after the time set for the abatement has expired shall constitute a separate violation of the Uniform Statewide Building Code. Upon a reasonable showing to the court by a landlord as defined in section 55-248.4, that such landlord is financially unable to abate the lead-based paint hazard, the court shall order any rental agreement related to the affected premises terminated effective thirty days from the entry of the court order. For the purposes of the preceding sentence, termination of the rental agreement shall not be deemed noncompliance by the landlord pursuant to section 55-248.1.

C.

Any prosecution under this section shall be commenced within two years as provided in section 19.2-8 of the Code of Virginia. (10-20-16.)