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• AN ORDINANCE TO AMEND AND REORDAIN ARTICLE XVI OF CHAPTER 31 OF THE CODE OF THE CITY OF CHARLOTTESVILLE, 1976, AS AMENDED, BY ADDING A NEW SECTION TO BE NUMBERED 31-140.3, TO SET FORTH CIVIL PENALTIES FOR THE UNAUTHORIZED DEMOLITION, RAZING OR MOVING OF HISTORIC BUILDINGS OR STRUCTURES. BE IT ORDAINED by the Council of the City of Charlottesville, Virginia, that Article XVI of Chapter 31 of the Code of the City of Charlottesville, 1976, as amended, is hereby amended by adding a new section to be numbered section 31-140.3, which section shall read as follows: Sec. 31-140.3 Civil penalties for the unauthorized demolition, razing or moving of historic buildings or structures. (a) Any person who demolishes, razes or moves any building or structure which is subject to the historic preservation ordinances set forth in this Article, without approval of a board of architectural review or City Council, shall be subject to a civil penalty equal to 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, razing or moving. . (b) For purposes of this section, the term "person" shall include any individual, firm, partnership, association, corporation, company or organization of any kind, which is deemed by the Charlottesville Circuit Court to be responsible for the demolition, razing or moving. (c) An action seeking the imposition of the penalty shall be instituted by petition filed by the City in the Circuit Court for the City of Charlottesville, 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. (d) The defendant may, within twenty-one days after the filing of the petition, 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. (e) 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. Nothing in this section shall preclude action by the zoning • administrator under Virginia Code §15.1-491(d) or by the governing body under Virginia Code §15.1-499, either by separate action or as a part of the petition seeking a civil penalty. Approved by Council June 25, 1990 C k of City Council 9 -7-25