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County proposes to criminalize overcrowding, zoning violations
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WASHINGTON (Map, News) - Fairfax County supervisors are considering jail time for some of the county’s worst zoning violations, possibly giving new teeth to a campaign to crack down on overcrowded boarding houses.
The Board of Supervisors is proposing to turn what would normally be a civil penalty into a criminal one, if the civil fines for the violation are worth at least $5,000. If passed after a public hearing in September, the measure would mean landlords who cram residents into unsafe dwellings would face much more than a set of fines sometimes regarded as “the cost of doing business.”
“It’s going to be at the discretion of the individual judge who’s hearing the case and the evidence that’s before him,” said Lee District Supervisor Jeff McKay. “But I certainly think it’s a good thing to give the judge more latitude to put people in jail if he finds that’s the most appropriate punishment.”
The General Assembly granted local governments the authority to impose the tougher penalties this year.
The move is part of a larger initiative to rid neighborhoods of blighted, overcrowded structures that began in June 2007 with the creation of two “strike teams” of county staff. Since then, the county has funded a third team to handle the demand for the crackdown. Last month, Fairfax County won $23,900 in criminal and civil penalties, the largest in county history, against a landlord who illegally set up five basement bedrooms in a Springfield house.
Fairfax County officials, under fire for lack of action on illegal immigration, last year pointed to the existence and success of the strike teams as evidence that they are doing something about the problem, though by targeting “illegal behavior” and not simply legal status.
Prosecuting the zoning violations as a criminal misdemeanor would mean the county couldn’t impose the civil fines. The measure also would reduce the appeal period for a overcrowding and some parking violations from 30 days to 10 days.
wflook@dcexaminer.com
Comments from Examiner Readers
10:42 AM MST on Wed., Jul. 23, 2008 re: "County proposes to criminalize overcrowding, zoning violations"
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6:29 PM MST on Sun., Mar. 30, 2008
re: "Some raise concerns over land use appeals bill"
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4:09 AM MST on Sat., Mar. 29, 2008
re: "County executive eyes zoning changes"
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8:15 AM MST on Fri., Jun. 15, 2007
re: "Entire county to be rezoned"
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8:05 AM MST on Fri., Jun. 15, 2007
re: "Entire county to be rezoned"
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7:40 AM MST on Tue., May. 22, 2007
re: "Cosi battles zoning law, community in Cleveland Park"
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10:57 AM MST on Tue., May. 15, 2007
re: "Graham anticipates resistance to relocating nude bars in Ward 5"
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10:55 AM MST on Tue., May. 15, 2007
re: "Thomas to fight nude dance club relocation bill"
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3:13 PM MST on Thu., May. 3, 2007
re: "Zoning official calling it quits"
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Examiner Reader said:
Something more than lip service must be done to fight illegal immigration. Let's get the Fairfax County Sheriff involved, too.
5 agree | 3 disagree
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Examiner Reader said:
Why did Ms. Michael fail to mention that one of the four residents fighting plans to build a high rise tower, and who have thus far have been denied standing, is noneother than Bobo's husband, Lloyd Knowles?
4 agree | 5 disagree
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Examiner Reader said:
Ulman will make whatever zoning changes will keep him in office. Just like Ulman changes his resume to get elected. whatever works - Ulman has no principles.
7 agree | 6 disagree
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Kelkyen said:
"Included are representatives from the Home Builders Association of Maryland..." Oh yea, those are the people I want rezoning my county. Why don't we just pave over the whole county now to save time?
184 agree | 162 disagree
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Harford County, MD reader said:
The whole county is NOT being REZONED! All this group is doing is revamping/rewriting some of the ancient zoning codes! Who's idea was it to give the title to this article?
174 agree | 173 disagree
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Former Cleveland Park Resident said:
The Cosi restaurant, and any others, should be allowed in Cleveland Park and the overlay zoning scrapped. The long-time residents who support the regulation are living in a fantasyland, with the perception that their vibrant, urban community along Connecticut Ave NW is some kind of sleepy suburban glade. They dream of small, independent hardware and bookstores, butg that will never happen. Instead of more restaurant and food options, they're stuck with a vacuum cleaner store, I kid you not, and a creepy hair salon that never seems open. The former McDonalds space is languishing, and would also be better used for restaurant space. Like it or not, with the Metro right there and noteworth restaurants line Dino, Palema, Lavandou, etc, Cleveland Park is a natural dining destination. Not a "red light district" or "another Adams-Morgan" as the NIMBY residents constantly invoke. I'm not even goibng to talk about increasing the density by the metro station, that would really get them riled up
573 agree | 203 disagree
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Examiner Reader said:
Over our dead bodies!
245 agree | 211 disagree
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Examiner Reader said:
No red light district for Ward 5
429 agree | 266 disagree
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Examiner Reader said:
I am really beginning to wonder what Jim Smith's administration is doing to the county. First, Brian Rowe leaves his post as Auditor and now John Murphy resigns? It seems to me that there may be more going on in Towson than we are hearing or know about. This is another instance where tax payers need to ask our elected officials, "What is going on with our current administraion?"
239 agree | 200 disagree
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