Certain zoning violations could become criminal offenses in Loudoun, under a resolution the Board of Supervisors is set to weigh this week.
The 2008 Virginia General Assembly amended statutes to allow zoning violations to be enforced as misdemeanors once civil penalties reached $5,000. The assembly also authorized local magistrates or courts to issue inspection warrants if they have probable cause to believe there is a violation.
The board will consider amending the county’s zoning rules to incorporate both changes.
The ultimate goal behind the proposal is to get people to obey the ordinances, said Stevens Miller, D-Dulles, who chairs the county’s Public Safety/Human Services Committee.
“Sometimes you have to pursue alternate methods,” he said. “Again, it’s to give [inspectors] another tool.”
A maximum of four unrelated adults can live in a home, under the county’s zoning ordinance. Before officials take action, however, they need to have evidence, and it’s difficult to get it without actually going into the dwelling, Miller said.
“What we’ve got here is the usual constitutional requirement” prohibiting search and seizure, he added.
There were 465 residential overcrowding complaints in the county in fiscal 2008, more than double the 214 received in fiscal 2007. The zoning department levied nearly $2,000 in fines for zoning violations last year as part of a six-month crackdown, though none was for overcrowding.
Supervisor Eugene Delgaudio, R-Sterling, said overcrowding was an issue that affected property assessments, quality of life and public safety in the county. He estimated that 60 percent of zoning complaints came from Eastern Loudoun and that 40 percent of zoning complaints came from Sterling Park.
He said he was a huge supporter of zoning enforcement, but said the new, stricter penalties would basically be nullified if the county took inspectors “off the ground” and moved their focus to Western Loudoun.
“Five thousand dollars in penalties are for people who willfully overcrowd their home,” he said. “You don’t discover these people unless you have feet on the ground.”
The board is scheduled to take up the item at its May 19 business meeting.
