Herndon VA Code of Ordinances - Ch. 78 (Zoning)
Article XVII. - Enforcement, Violations, and Remedies
Sec. 78-170.3. - Types of violations
(b)
Specific violations
(1) Compliance failure. Any failure to comply with a requirement, standard, prohibition, or limitation imposed by this chapter, or the terms or conditions of any permit or other development approval or authorization granted pursuant to this chapter, shall constitute a violation of this chapter.
(2) Unauthorized land disturbance. Excavate, grade, cut, clear, or undertake any other land disturbing activity contrary to the requirements of this chapter without first obtaining all approvals required by this chapter or other applicable regulations.
(6) Development without required permit. Construct, reconstruct, alter, demolish, change the use of or occupy any land, building, or other structure without first obtaining the appropriate permit or permit approval, or without complying with the terms and conditions of the permit or approval required to engage in such activity.
Sec 78-170.4. - Penalties, fines, and remedies for violations
(a)
Penalties, fines, and remedies for civil violations
(1) Penalties and fines. Except as provided in subsections (2) and (3) below, any person, firm or corporation who as the owner of any land, building or structure, or the agent thereof having possession or control of such property as employee, lessee, tenant, architect, builder, contractor or otherwise, who permits, assists in or attempts any violation of this chapter, whether by act or omission, shall be liable for a civil penalty for each individual offense described in Table 78-170.4(a)(5): Summary Table of Common Civil Violations. All civil violations shall be punishable by a fine of $200.00 for the initial violation and $500.00 for each additional violation of the same ordinance section.
(2) Cumulative penalties. Each day during which the violation is found to have existed shall constitute a separate offense. However, specific 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 $5,000.00.
(3) Criminal action. Designation of a particular violation of this chapter for a civil penalty pursuant to this section shall be in lieu of criminal sanctions, and except for any violations resulting in injury to persons such designation shall preclude the prosecution of violation as a criminal misdemeanor, provided however, that when such civil penalties total $5,000.00 or more, the violation may be prosecuted as a criminal misdemeanor.