§ 8-1. Violations/Civil Penalties.

Any owner of any parcel of land who violates any provision of Appendix B, shall pay a civil penalty in the amount of two hundred dollars ($200.00) for the initial summons and five hundred dollars ($500.00) for each additional summons. Each day during which the violation is found to have existed shall constitute a separate offense. Specified violations arising from the same operative set of facts shall not be charged more frequently than once in any ten-day period, and a series of specified violations arising from the same operative set of facts shall not result in civil penalties which exceed a total of five thousand dollars ($5,000.00).

These civil penalties are in lieu of criminal sanctions, and except for any violation resulting in injury to persons, these civil penalties shall preclude the prosecution of a violation as a criminal misdemeanor, provided, however, that when such civil penalties total five thousand dollars ($5,000.00) or more, the violation may be prosecuted as a criminal misdemeanor.

The imposition of civil penalties shall not preclude additional action by the zoning administrator or the governing body as permitted by law.

The zoning administrator shall issue a civil summons for any violation of Appendix B. Any person summoned for a violation may make an appearance in person or in writing by mail to the treasurer of the Town of Colonial Beach 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 right to stand trial and that a signature to an admission of liability will have the same force and effect as a judgment of court.

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 in the same manner and with the same right of appeal as provided for by law. In any trial for a scheduled violation authorized by this section, it shall be the burden of the Town to show the liability of the violator by a preponderance of the evidence. If the violation remains uncorrected at the time of the admission of liability or finding of liability, the court may order the violator to abate or remedy the violation in order to comply with the zoning ordinance. Except as otherwise provided by the court for good cause shown, any such violator shall abate or remedy the violation within a period of time as determined by the court, but not later than six (6) months of the date of admission of liability or finding of liability. Each day during which the violation continues after the court-ordered abatement period has ended shall constitute a separate offense. An admission of liability or finding of liability shall not be a criminal conviction for any purpose.