§ 23-1. General Provisions.

A.

Any building erected or improvements constructed contrary to any of the provisions of this Ordinance and any use of any building or land which is conducted, operated or maintained contrary to (i) any of the provisions of this Ordinance, or (ii) any development condition imposed under the provisions of this Ordinance, or (iii) proffer statement accepted by the Board pursuant to this Ordinance or (iv) plan approved under the provisions of this Ordinance, shall be and the same is hereby declared to be unlawful.

B.

Any person, firm or corporation, whether owner, occupant, lessee, principal, agent, employee or otherwise, who violates any of the provisions of this Ordinance, or permits any such violation by act or failure to act, or fails to comply with any of the requirements hereof, or who erects any building or uses any building or land in violation of the provisions of this Ordinance shall be subject to the enforcement provisions of this Part.

C.

Upon becoming aware of any violation of any provisions of this Ordinance, the Zoning Administrator or his Deputy shall serve a notice of such violation on the person committing or permitting the same, which notice shall require such violation to cease within such reasonable time as is specified in such notice (a "Notice of Violation"). After such notice is sent and such violation is not ceased within such reasonable time as is specified in the notice, then the Zoning Administrator may institute such action as necessary to terminate and/or remedy the violation.

D.

If the person responsible for the alleged violation responds in writing to a notice of violation, within thirty (30) days of receipt of such violation, by agreeing to cease and/or remedy said violation, no civil fines shall be levied, if such violation is in fact ceased or remedied within thirty days of such response.

E.

If the person responsible for the alleged violation denies under oath and in writing that a violation exists, he may appeal the decision, determination and/or Notice of Violation issued by the Zoning Administrator or his Deputy pursuant to the provisions of Section 15.2-2311 of the Code of Virginia and this Ordinance. Notwithstanding the provisions of Section 15.2-2311 of the Code of Virginia, a person appealing under this section a Notice of Violation involving temporary or seasonal commercial uses, the parking of commercial trucks in residential zoning districts, or similar short-term or recurring violations shall file their appeal within 10 days of receipt of the Notice of Violation.

F.

In addition to the remedies provided herein, the Zoning Administrator may initiate injunction, mandamus, or any other appropriate legal or equitable action to prevent, enjoin, abate or remove such erection or use in violation of any provision of this Ordinance.

G.

Such civil actions identified in paragraph F herein may also be instituted by any citizen who owns or leases real estate in Culpeper County and who is aggrieved or particularly damaged by any violation of any provisions of this Ordinance.

(Ord. of 8-1-2006(1))

(Ord. of 8-1-2006(1))