Minutes 12/12/1995 - Laserfiche WebLink

Home Browse Search

TUESDAYs'DECEMBER 12, 1995 facts shall not result in civil penalties which exceed a total of $1,000, and designation of a particular Code violation for a civil penalty pursuant to this ordinance shall be in lieu of criminal sanctions, and, except for any violation resulting in injury to persons, such designation shall preclude the prosecution of a violation for a misdemeanor. BE IT FURTHER ORDAINED that-any person summonsed or issued a ticket for a scheduled violation may make an appearance in person or by writing to the Treasurer prior to the date fixed for trial. in court. Any person so appearing may enter a waiver of trial, admit liability, and pay the civil penalty established for the offense charged. Such persons shall be informed of their rights to stand trial, and that a signature to an admission of liability will have the same force and effect as a judgment of court. As a condition of waiver of trial, admission of liability and payment of a civil penalty, the violator shall agree in writing to abate or remedy the violation within six months after the date of payment of the civil penalty. BE IT FURTHER ORDAINED that if a person charged with a scheduled violation does not elect to enter a waiver of trial and admit liability, the violation shall be tried in the General District Court of the City of Martinsville in the same manner and with the same right of appeal as provided for by law, and that in any trial for a scheduled violation authorized by this ordinance, it shall be the burden of the City of Martinsville to show the liability of the violator by a preponderance of the evidence, and an admission or finding of liability shall not be a criminal conviction for any purpose. BE IT FURTHER ORDAINED that if the violation concerns a residential unit, and if the violation remains uncorrected at the time of assessment of the civil penalty, the Court shall order the violator to abate or remedy the violation in order to comply with the Code. Except as otherwise provided by the Court for good cause shown, any such violator shall abate or remedy the violation within six months of the date of the assessment of the civil penalty. Upon motion, duly seconded and by unanimous vote, Council adopted, on second reading, the following Ordinance No. 95-11, to be effective January 1, 1996: WHEREAS, in addition to the remedies provided by Sec. 15.1-29.21 of the 1950 Code of Virginia, as amended, for the abatement or removal of nuisances by cities, which permits immediate action by cities without the enactment of any enabling ordinances, Sec. 15.1-867 of said Code authorizes a city to compel the abatement or removal of all nuisances by the owner or owners, occupant or occupants of the premises upon which said nuisance is located, and provides if, after such reasonable notice as the City may prescribe, the owner or owners, occupant or occupants of the affected property or premises shall fail to abate or obviate the condition or nuisance, then said City may do so and charge and collect the cost thereof from the owner or owners, occupant or occupants of the property affected in any manner provided by law for the collection of state or local taxes,