§ 25-800.1. Civil penalties.

(a)

Violation of the following scheduled provisions of this chapter shall be deemed an infraction and shall be punishable by a civil penalty of one hundred dollars ($100.00):

(1)

Section 25-16. Use, occupancy and construction.

(2)

Section 25-120. Junk yards.

(3)

Section 25-138. Short-term tourist rentals.

(4)

Section 25-474. Piers and docks regulated.

(5)

Section 25-476. Supplementary regulations for private dock, pier, or boathouse.

(6)

Reserved.

(b)

Each day during which any violation of the provisions scheduled 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 any such violation arising from the same set of operative facts result in civil penalties which exceed a total of three thousand dollars ($3,000.00).

(c)

The designation of a particular violation of this section as an infraction under this section shall preclude the prosecution of such as a criminal misdemeanor, except for any violation resulting in injury to any person or persons, which may be so prosecuted as well.

(d)

The zoning administrator shall notify by summons a person committing or suffering the existence of an infraction by certified, return receipt requested mail, of the infraction. The Franklin County Sheriff's Office may also deliver the summons. The first or initial summons shall contain the following information:

(1)

The name and address of the person charged.

(2)

The nature of the infraction and the ordinance provision(s) being violated and the remedies necessary to correct the infraction.

(3)

The location, date, and time that the infraction occurred, or was observed.

(4)

The amount of the civil penalty assessed for the infraction.

(5)

The right of the recipient of the summons to elect to stand trial for the infraction and the date of such trial.

(6)

A statement that an appeal may be filed with the board of zoning appeals within thirty (30) days of receipt of the summons. If no appeal is made within thirty (30) days, the finding of the violation contained in the summons shall be final and unappealable.

(e)

The final summons shall provide that any person summoned for a violation may, within fourteen (14) days from the date of mailing of the summons, elect to pay the civil penalty by making an appearance in person, or in writing by mail to the Franklin County Treasurer's Office at least seventy-two (72) hours prior to the time and date fixed for trial and, by such appearance, may enter a waiver of trial, admit liability, and pay the civil penalty established for the violation charged and provide that a signature to an admission of liability shall have the same force and effect as a judgement in court; however, an admission shall not be deemed a criminal conviction for any purpose.

(f)

If a person charged with a violation does not elect to enter a waiver of trial and admit liability, the zoning administrator shall cause the sheriff of Franklin County to serve the summons on the person charged in the manner prescribed by law. The violation shall be tried in general district court in the same manner prescribed by law. The violation shall be tried in general district court in the same manner and with the same right of appeal as provided for in Title 8.01 of the Code of Virginia. In any trial for a scheduled violation authorized by this section, it shall be the burden of the county to show the liability of the violator by a preponderance of the evidence. An admission of liability, of finding of liability shall not be a criminal conviction for any purpose.

(g)

The remedies provided for in this section are cumulative, and are not exclusive and, except as provided above, shall be in addition to any other remedies provided by law.

(h)

The provisions of this section shall supplement the provisions of section 25-768 et seq. of this chapter dealing with the board of zoning appeals. Use of these provisions shall stay any proceeding under this section.

(Ord. No. 28-09-99, 9-21-99)

(Ord. No. 28-09-99, 9-21-99)