Sec. 11-9. Violation Penalties.

 

Sec. 11-9. Violation penalties.
 
(a) Violations of the provisions of Part I, the Virginia Construction Code and Part II, the Virginia Rehabilitation Code, 2006 Edition, of the Uniform Statewide Building Code, shall be prosecuted as violations of the state code and the penalties, upon conviction, for violations of Part I, the Virginia Construction Code and Part II, the Virginia Rehabilitation Code, of the Virginia Uniform Statewide Building Code, shall be as set out in Section 36-106 of the Code of Virginia. All fines imposed for violations of the provisions of Part I, the Virginia Construction Code and Part II, the Virginia Rehabilitation Code of the Uniform Statewide Building Code, shall be payable to the Commonwealth of Virginia.
 
(b) Violations of the provisions of Part III, the Virginia Maintenance Code, 2006 Edition, of the Uniform Statewide Building Code, shall be prosecuted as violations of the city code and the penalties, upon conviction, for violations of Part III, of the Virginia Uniform Statewide Building Code, shall be punished by a fine of not more than two thousand five hundred dollars ($2,500). If the violation remains uncorrected at the time of the conviction, the court shall order the violator to abate or remedy the violation in order to comply with the maintenance code. Except as otherwise provided by the court for good cause shown, any such violator shall abate or remedy the violation within six (6) months of the date of conviction. Each day during which the violation continues after the court-ordered abatement period has ended shall constitute a separate offense. Any person convicted of a second offense committed within less than five (5) years after a first offense under this chapter shall be punished by a fine of not less than one thousand dollars ($1,000) nor more than two thousand five hundred dollars ($2,500). Any person convicted of a second offense committed within a period of five (5) to ten (10) years of a first offense under this chapter shall be punished by a fine of not less than five hundred dollars ($500) nor more than two thousand five hundred dollars ($2,500). Any person convicted of a third or subsequent offense involving the same property committed within ten (10) years of an offense under this chapter after having been at least twice previously convicted shall be punished by confinement in jail for not more than ten (10) days and a fine of not less than two thousand five hundred dollars ($2,500) nor more than five thousand dollars ($5,000), either or both. No portion of the fine imposed for such third or subsequent offense committed within ten (10) years of an offense under this chapter shall be suspended. All fines imposed for violations of the provisions of Part III, the Virginia Maintenance Code, of the Uniform Statewide Building Code, shall be payable to the city.
 
(c) Any owner or any other person, firm or corporation violating any code provisions relating to lead hazard controls that poses a hazard to the health of pregnant women and children under the age of six (6) 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 ($2,500) as provided by Section 36-106 of the Code of Virginia. If the court convicts pursuant to this subsection and sets a time by which such hazard must be controlled, each day the hazard remains uncontrolled after the time set for the lead hazard control has expired shall constitute a separate violation of the Uniform Statewide Building Code.
 
The landlord shall maintain the painted surfaces of the dwelling unit in compliance with the Maintenance Code of the Uniform Statewide Building Code. The landlord’s failure to do so shall be enforceable in accordance with the Uniform Statewide Building Code and shall entitle the tenant to terminate the rental agreement.
 
Termination of the rental agreement or any other action in retaliation against the tenant after written notification of (i) a lead hazard in the dwelling unit or (ii) that a child of the tenant, who is an authorized occupant in the dwelling unit, has an elevated blood lead level, shall constitute retaliatory conduct in violation of Section 55-248.39 of the Code of Virginia.
 
(d) Any prosecution under this section shall be commenced within the time period provided in Section 19.2-8 of the Code of Virginia. (Ord. of 10-28-03, O-03-177, eff. 10-1-03; Ord. No. O-08-144, 11-25-08)
 
Last updated date: 12/1/2008 9:50:32 AM