Bill Text: VA HB1059 | 2012 | Regular Session | Chaptered
Bill Title: Zoning Appeals, Board of; jurisdictions imposing civil penalties for violations of ordinances, etc.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2012-04-04 - Governor: Acts of Assembly Chapter text (CHAP0606) [HB1059 Detail]
Download: Virginia-2012-HB1059-Chaptered.html
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Be it enacted by the General Assembly of Virginia: 1. That §15.2-2311 of the Code of Virginia is amended and reenacted as follows: §15.2-2311. Appeals to board. A. An appeal to the board may be taken by any person aggrieved
or by any officer, department, board or bureau of the locality affected by any
decision of the zoning administrator or from any order, requirement, decision
or determination made by any other administrative officer in the administration
or enforcement of this article, any ordinance adopted pursuant to this article,
or any modification of zoning requirements pursuant to §15.2-2286.
Notwithstanding any charter provision to the contrary, any written notice of a
zoning violation or a written order of the zoning administrator dated on or
after July 1, 1993, shall include a statement informing the recipient that he
may have a right to appeal the notice of a zoning violation or a written order
within 30 days in accordance with this section, and that the decision shall be
final and unappealable if not appealed within 30 days. The zoning violation or
written order shall include the applicable appeal fee and a reference to where
additional information may be obtained regarding the filing of an appeal. The
appeal period shall not commence until the statement is given. A written notice
of a zoning violation or a written order of the zoning administrator that
includes such statement sent by registered or certified mail to, or posted at,
the last known address of the property owner as shown on the current real
estate tax assessment books or current real estate tax assessment records shall
be deemed sufficient notice to the property owner and shall satisfy the notice
requirements of this section. The appeal shall be taken within 30 days after
the decision appealed from by filing with the zoning administrator, and with
the board, a notice of appeal specifying the grounds thereof. The zoning
administrator shall forthwith transmit to the board all the papers constituting
the record upon which the action appealed from was taken. The fee for filing an
appeal shall not exceed the costs of advertising the appeal for public hearing
and reasonable costs. A decision by the board on an appeal taken pursuant to
this section shall be binding upon the owner of the property which is the
subject of such appeal only if the owner of such property has been provided
notice of the zoning violation or written order of the zoning administrator in
accordance with this section. The owner's actual notice of such notice of
zoning violation or written order or active participation in the appeal hearing
shall waive the owner's right to challenge the validity of the board's decision
due to failure of the owner to receive the notice of zoning violation or
written order. For jurisdictions that impose civil penalties for violations of
the zoning ordinance, any such civil penalty shall not B. An appeal shall stay all proceedings in furtherance of the action appealed from unless the zoning administrator certifies to the board that by reason of facts stated in the certificate a stay would in his opinion cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order granted by the board or by a court of record, on application and on notice to the zoning administrator and for good cause shown. C. In no event shall a written order, requirement, decision or determination made by the zoning administrator or other administrative officer be subject to change, modification or reversal by any zoning administrator or other administrative officer after 60 days have elapsed from the date of the written order, requirement, decision or determination where the person aggrieved has materially changed his position in good faith reliance on the action of the zoning administrator or other administrative officer unless it is proven that such written order, requirement, decision or determination was obtained through malfeasance of the zoning administrator or other administrative officer or through fraud. The 60-day limitation period shall not apply in any case where, with the concurrence of the attorney for the governing body, modification is required to correct clerical or other nondiscretionary errors. |
