§ 130-601. Specified.
(a)
An owner of property shall be responsible, and subject to prosecution and conviction, for any violation of this chapter found to exist on his property.
(b)
Any building erected and any alterations or improvements constructed contrary to any of the requirements of this chapter or the DCSM, and any use of any building or land which is conducted, operated, or maintained contrary to any of the requirements of this chapter, the DCSM, or any detailed statement or plan approved under the requirements of this chapter, shall be and the same is hereby declared to be unlawful.
(c)
Any person, whether owner, lessee, principal, agent, employee, or otherwise, who violates any of the requirements of this chapter, permits any such violation, fails to comply with any of the requirements hereof, or who erects or alters any building or structure or uses any building or land in violation of the requirements of this chapter, shall be subject to the enforcement requirements of this part.
(d)
Upon becoming aware of and making a determination of validity of any violation of any requirements of this chapter or the DCSM, the city may, if necessary and appropriate, serve a written notice of such violation on the person committing or permitting the same in accordance with the Code of Virginia, § 15.2-2311.
(1)
Such official notice shall require the violation to cease within reasonable time as is specified in the notice.
(2)
After such notice is sent and the violation is not ceased within such reasonable time as is specified in the notice, then the city may proceed to remedy the violation as provided in section 130-602.
(3)
Unless otherwise specified in section 130-601(d)(4), all notices of violation shall have a 30 calendar day right of appeal.
(4)
For the following temporary uses or uses of recurring nature, an appeal must be filed within 15 calendar days of receipt of a notice of a violation involving the following:
a.
Construction of a fence, structure, planting, or landscaping in violation of section 130-56;
b.
Installation of signage in violation of the requirements of Article IV of this chapter;
c.
Failure to enclose a trash dumpster in accordance with section 130-60;
d.
Permitting a junkyard in any zone in violation of section 130-5;
e.
Vehicle storage in violation of section 130-62; or
f.
Failure to operate in accordance with the performance standards for any use listed under Article III, Division 2 of this chapter.
(e)
In addition to the remedies provided in section 130-601(d), the city may initiate injunction, mandamus, or any other appropriate action to prevent, enjoin, abate, or remove any structure, construction, or use in violation of any provision of this chapter.
(f)
Except as provided in section 130-602(b), the remedies provided for in this article are cumulative and not exclusive, and shall be in addition to any other remedies provided by law. The issuance of a notice of violation shall not be deemed a precondition to the issuance of a warrant or summons or the filing of any other enforcement pleading.