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.
Code 1950, §§ 15-840, 15-851, 15-969; 1962, c. 407, § 15.1-499; 1997, c. 587; 2008, c. 583.
Notes of Decisions
USCOC of Virginia RSA 3, Inc. v. Montgomery Cnty. Bd. of Supervisors (W.D. Va. 2003).
· cites it 6× “The plaintiffs assert this claim under Va.Code § 15.2-2208 (Michie 1997), which provides: “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…”
Chilton-Belloni v. Angle Ex Rel. City of Staunton (Va. 2017).
· cites it 2× “On July 10, 2014, pursuant to Code §§ 15.2-2208(A) and 15.2-2286(A), Angle sought an injunction compelling Chilton-Belloni's compliance with the City Code and removal and remediation of the wall.”
Alan D. Weber v. Cnty. of Henrico (Va. Ct. App. 2018).
· cites it 2× “” Pursuant to this statutory authority, Henrico County adopted a zoning ordinance at Chapter 24 of its Municipal Code. The ordinance includes a provision that forbids -6- “[j]unk storage” within six hundred feet of a residential district.”
Nelson Cnty. v. Horizons, L.L.C. (Nelson Cir. Ct. 2003).
· cites it 3× “Further, Va. Code § 15.2-2208 grants the authority to restrain, correct, or abate by injunction any violation of zoning and subdivision laws adopted by either statute or regulation.”
Fields v. Elkins (Alexandria Cir. Ct. 2000).
“2-2209) as well as injunctive or other appropriate relief to abate or correct any violations (§ 15.2-2208). Nowhere in the legislative scheme can any language be found from which the Court could find a legislative intent to create a private cause of action to enjoin violations…”
Fong Yuen Gray v. Zoning Appeals Bd. (Norfolk Cir. Ct. 2004).
“1-499 (superseded by § 15.2-2208)). Also, the equitable remedies do not apply against the government in the discharge of governmental functions.”
— Va. Code Ann. § 15.2-2208(A) — 2 cases
Chilton-Belloni v. Angle Ex Rel. City of Staunton (Va. 2017).
“On July 10, 2014, pursuant to Code §§ 15.2-2208(A) and 15.2-2286(A), Angle sought an injunction compelling Chilton-Belloni's compliance with the City Code and removal and remediation of the wall.”
Alan D. Weber v. Cnty. of Henrico (Va. Ct. App. 2018).
“” Pursuant to this statutory authority, Henrico County adopted a zoning ordinance at Chapter 24 of its Municipal Code. The ordinance includes a provision that forbids -6- “[j]unk storage” within six hundred feet of a residential district.”
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