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 Roanoke
 Code of Ordinances
 CHARTER

  § 62.1. Authority of city council to impose civil penalties for wrongful demolition of historic buildings.  

Latest version.

  • (a)

    Notwithstanding the provisions of any state law which authorizes civil penalties for the violation of a local zoning ordinance, city council may adopt an ordinance which establishes a civil penalty for the demolition, razing or moving of a building or structure without obtaining any required demolition permit and certificate of appropriateness when such building or structure is located within any historic zoning district of the city. The penalty established by the ordinance shall be imposed on the party deemed by the court to be responsible for the violation and shall not exceed twice the fair market value of the building or structure, as determined by the city real estate tax assessment at the time of the demolition.

    (b)

    An action seeking the imposition of such a penalty shall be instituted by petition filed by the city in circuit court, which shall be tried in the same manner as any action at law. It shall be the burden of the city to show the liability of the violator by a preponderance of the evidence. An admission of liability or finding of liability shall not be a criminal conviction for any purpose. The filing of any action pursuant to this section shall preclude a criminal prosecution for the same offense, except where the demolition, razing or moving has resulted in personal injury.

    (c)

    The defendant, within twenty-one days after the filing of the petition, may file an answer and, without admitting liability, agree to restore the building or structure as it existed prior to demolition. If the restoration is completed within the time agreed upon by the parties, or as established by the court, the petition shall be dismissed from the court's docket.

    (d)

    Nothing in this section shall preclude any other action by the zoning administrator or by the city, as authorized by law, either by separate action or as a part of the petition seeking a civil penalty.

    (Acts 1991, Ch. 449, § 1; Acts 2002, Ch. 685, § 1)

(Acts 1991, Ch. 449, § 1; Acts 2002, Ch. 685, § 1)