STATE STATUTES & CODES
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VIRGINIA STATUTES AND CODES
15.2-744 - Authority of county board to impose civil penalties for wrongful demolition, razing or moving of historic buildings.
§ 15.2-744. Authority of county board to impose civil penalties for wrongfuldemolition, razing or moving of historic buildings.
The board may adopt an ordinance which establishes a civil penalty for thewrongful demolition, razing or moving of part or all of a building orstructure when such building or structure has been designated as an historicstructure or landmark or is part of an historic district. The civil penaltyshall be imposed on the party deemed by the court to be responsible for theviolation 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 thedemolition, razing or moving.
An action seeking the imposition of such a penalty shall be instituted bypetition filed by the county in circuit court, which shall be tried in thesame manner as any action at law. It shall be the burden of the county toshow the liability of the violator by a preponderance of the evidence. Anadmission of liability or finding of liability shall not be a criminalconviction for any purpose. The filing of any action pursuant to this sectionshall preclude a criminal prosecution for the same offense.
The defendant, within twenty-one days after the filing of the petition, shallfile an answer and may, without admitting liability, agree to restore thebuilding or structure as it existed prior to demolition, razing or moving. Ifthe restoration is completed within the time agreed upon by the parties, oras established by the court, the petition may be dismissed from the court'sdocket upon a finding by the court that the building or structure has beenrestored as it existed prior to demolition, razing or moving.
Nothing in this section shall preclude action by the zoning administratorunder 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 civilpenalty.
(1991, c. 467, § 15.1-687.22; 1997, c. 587.)