Sunday, September 7, 2008
The General Assembly is not in session.
Tracking Virginia’s General Assembly
since 2007.
HB466: Zoning ordinance; administrator or locality may record a memorandum of lis pendens to enforce.
Be it enacted by the General Assembly of Virginia:
1. That § 15.2-2208 of the Code of Virginia is amended and reenacted as follows:
§ 15.2-2208. Restraining violations of chapter.
A. Any violation or attempted violation of this chapter, or of any regulation adopted hereunder may be restrained, corrected, or abated as the case may be by injunction or other appropriate proceeding.
B. At any time after the filing of an injunction or other appropriate proceeding to restrain, correct, or abate a zoning ordinance violation and where the owner of the real property is a party to such proceeding, the zoning administrator or governing body may record a memorandum of lis pendens pursuant to § 8.01-268. Any memorandum of lis pendens admitted to record in an action to enforce a zoning ordinance shall expire after 180 days. If the local government has initiated an enforcement proceeding against the owner of the real property and such owner subsequently transfers the ownership of the real property to an entity in which the owner holds an ownership interest greater than 50 percent, the pending enforcement proceeding shall continue to be enforced against the owner.
Be it enacted by the General Assembly of Virginia:
1. That § 15.2-2208 of the Code of Virginia is amended and reenacted as follows:
§ 15.2-2208. Restraining violations of chapter.
A. Any violation or attempted violation of this chapter, or of any regulation adopted hereunder may be restrained, corrected, or abated as the case may be by injunction or other appropriate proceeding.
B. At any time after the filing of an injunction or other appropriate proceeding to restrain, correct or abate a zoning ordinance violation related to the maximum number of residential dwelling units permitted on a lot or the maximum occupancy limitations of a residential dwelling unit and where the owner of the real property is a party to such proceeding, the zoning administrator or governing body may file a notice of zoning ordinance enforcement action in the land records of the circuit court where the injunction or other proceeding is pending. Such notice of zoning ordinance enforcement action shall set forth the title of the injunction or other proceeding, the court where the proceeding is pending, the nature of the zoning ordinance violation, a description of the real property, and the name of the real property owner. Upon filing with the circuit court land records, the notice of zoning ordinance enforcement action shall be admitted to record in a deed book by the clerk of the circuit court and shall be indexed in the grantor’s index in the name of the owner of the real property. Once recorded and indexed, the owner’s successors in interest and assigns shall be bound by the outcome of the court proceedings.
Additional Data
Explanation
This is the actual text of the bill — the legislation itself. Generally this is amending existing law, proposing the addition or removal of words from laws that are already on the books.
Words that are highlighted in yellow are
proposed additions, and words that are crossed out in
red are proposed removals.
The numbers with the § symbol before them are references to existing laws, and if you click on them they’ll take you to that part of the law on the state's website.