15.2-819 - Demolition of historic structures; civil penalty. - Virginia Statutes

§ 15.2-819. Demolition of historic structures; civil penalty.

A county may adopt an ordinance which establishes a civil penalty for thedemolition, razing or moving of a building or structure which is located inan historic district or which has been designated by the governing body as anhistoric structure or landmark without the prior approval from either thearchitectural review board or the governing body as provided by subdivision A2 of § 15.2-2306.

The civil penalty imposed for a violation of such an ordinance shall notexceed the market value of the property as determined by the assessed valueof the property at the time of the destruction or removal of the building orstructure. Such value shall include the value of any structures and the valueof the real property upon which any such structure or structures werelocated. Such ordinances may be enforced by the county attorney by bringingan action in the name of the county in the circuit court. Such actions shallbe brought against the party or parties deemed responsible for the violation.It shall be the burden of the county to show the liability of the violator bya preponderance of the evidence.

Nothing in this section shall preclude action by the zoning administratorunder subdivision A 4 of § 15.2-2286 or action by the board under § 15.2-2208.

(1991, c. 201, § 15.1-499.2; 1997, c. 587.)