Virginia Petition for Occupancy Limitation Zoning Enforcement
Whereas, we believe the citizens of Virginia have rights to establish residences in neighborhoods where the number of unrelated occupants per single dwelling unit is limited; and
Whereas, we believe that most municipalities have zoning ordinances that intend to protect such rights; and
Whereas, we believe that the occupation of a single dwelling unit by greater than the maximum number of permitted unrelated occupants in the abovementioned ordinances is unlawful, undermines the nature of single-family neighborhoods, and infringes on the rights of citizens of the Commonwealth; and
Whereas, we believe that the volume of instances in the Commonwealth where the number of unrelated occupants per dwelling unit exceeds the maximum number allowed by law represents a significant problem; and
Whereas, we believe that in many of these instances, municipal zoning enforcement officials are unable to effectively enforce the abovementioned ordinances because occupants are falsely representing permanent residence in the Commonwealth, legal presence in the Commonwealth, and familial relationships with co-occupants in order to circumvent the law; and
Whereas, we believe that municipal zoning and law enforcement personnel are ineffective in their ability to enforce the law because they are not authorized to require proof of identity, permanent residence, and legal presence in the Commonwealth when they reasonably suspect the occupants of violating the zoning ordinance;
We support the passage of legislation in the Commonwealth of Virginia to enable municipal lawmakers to pass ordinances to require zoning and law enforcement officials to inspect state or federally issued identification and proof of permanent residence and legal presence in Virginia (e.g. verify record of occupants in Virginia
This petition is sponsored by concerned citizens of Fairfax County. In an effort to stop the significant recent increase in illegal boarding houses in our neighborhoods, we have organized to ensure our state and municipal representatives understand the importance of this issue to their constituents. We are seeking support for legislation that will be introduced in the Commonwealth in 2007 to enable our zoning officials to effectively enforce the zoning laws of Fairfax County.
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http://leg1.state.va.us/cgi-bin/legp504.exe061+sum+HB1438 (status and description of legislation introduced by Delegate Mark D. Sickles providing penalties for violating limitations of occupancy) http://leg1.state.va.us/cgi-bin/legp504.exe061+sum+HB1451 (status and description of legislation introduced by Delegate Robert D. Hull establishing fines for violation of Maintenance Code relating to occupancy limitations on dwelling and efficiency units)
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