The board may adopt an ordinance which establishes a civil penalty for the wrongful demolition, razing or moving of part or all of a building or structure when such building or structure has been designated as an historic structure or landmark or is part of an historic district. The civil penalty shall be imposed on the party deemed by the court to be responsible for the violation and shall not exceed twice the fair market value of the property, as determined by the county real estate tax assessment at the time of the demolition, razing or moving.
An action seeking the imposition of such a penalty shall be instituted by petition filed by the county in circuit court, which shall be tried in the same manner as any action at law. 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 or finding of liability shall not be a criminal conviction for any purpose. The filing of any action pursuant to this section shall preclude a criminal prosecution for the same offense.
The defendant, within twenty-one days after the filing of the petition, shall file an answer and may, without admitting liability, agree to restore the building or structure as it existed prior to demolition, razing or moving. If the restoration is completed within the time agreed upon by the parties, or as established by the court, the petition may be dismissed from the court's docket upon a finding by the court that the building or structure has been restored as it existed prior to demolition, razing or moving.
Nothing in this section shall preclude action by the zoning administrator under subdivision A 4 of § 15.2-2286 or by the county under § 15.2-2208, either by separate action or as a part of the petition seeking a civil penalty.
1991, c. 467, § 15.1-687.22; 1997, c. 587.
Structure Code of Virginia
Title 15.2 - Counties, Cities and Towns
Chapter 7 - County Manager Plan of Government
§ 15.2-700. Title of plan; applicability of chapter
§ 15.2-701. Adoption of county manager plan
§ 15.2-702. County board; membership, terms, chairman, etc.
§ 15.2-703. Interference by members of board in appointments and removals of personnel
§ 15.2-704. Appointment of clerk of board; powers and duties; obligations and penalties
§ 15.2-705. Election of members of board; filling vacancies
§ 15.2-705.1. Instant runoff voting
§ 15.2-706. Duties of county manager; compensation; appointment of officers and employees
§ 15.2-707. Bonds of county officers and employees
§ 15.2-709. Investigation of county officers or employees
§ 15.2-709.1. Applicant preemployment information in Arlington County
§ 15.2-711. Certification and payment of payrolls
§ 15.2-712. Certification and payment of certain vouchers
§ 15.2-713. Means of transferring funds
§ 15.2-714. Depository for county funds
§ 15.2-715. Abolition of offices and distribution of duties
§ 15.2-716.1. Board of Equalization
§ 15.2-717. Time in which to contest real property assessments
§ 15.2-718. Postponement of payment of certain assessments
§ 15.2-719. Immobilization, etc., of certain vehicles
§ 15.2-719.1. Naming U.S. Route 29
§ 15.2-720. Employee salary reduction agreements
§ 15.2-720.1. Employee benefits; residence in county
§ 15.2-721. Civil service commission
§ 15.2-723. Grievances by police officers
§ 15.2-724. Choice of powers where sanitary district involved
§ 15.2-725. Commission on human rights; subpoena requests
§ 15.2-726. Acquisition of easements
§ 15.2-727. Payment of certain assessments
§ 15.2-728. Title insurance for county real estate
§ 15.2-729. Relocation assistance programs
§ 15.2-730. Civil penalties for violations of zoning ordinance
§ 15.2-731. Retirement benefits for part-time employees
§ 15.2-732. Peddlers; itinerant merchants
§ 15.2-733. Summons for violations of litter control ordinances
§ 15.2-734. Purchase, sale, exchange, or lease of real property
§ 15.2-736. State benefits for certain employees
§ 15.2-737. Tenant relocation payments
§ 15.2-738. Modification of grievance procedure
§ 15.2-739. Diversion of certain waters
§ 15.2-740. Authority to impose assessments for local improvements; purposes
§ 15.2-741. Regulation of child-care services and facilities in certain counties
§ 15.2-742. Lighting level regulation
§ 15.2-743. Fee for certain vacations, encroachments, and abandonments
§ 15.2-745. Ordinance for installment collection of taxes
§ 15.2-746. Board possesses general power of management
§ 15.2-747. Board may prohibit and penalize acts which are misdemeanors under state law
§ 15.2-748. Annexation by city
§ 15.2-749. Certain referenda in certain counties
§ 15.2-750. Board may accept dedication of rights to develop real property