Code Compliance

CONTACT INFORMATION: Code Compliance is open 8AM - 4PM Mon-Thurs and 9:15AM - 4PM Fridays.
703-324-1300 TTY 711
12055 Government Center Parkway, Suite 1016
Fairfax, VA 22035
Gabriel M. Zakkak
Director

Department Resources

Notices of Violation (NOVs)

What is a Notice of Violation (NOV)?

A Notice of violation, or NOV, is the primary method used by the Department of Code Compliance to notify a responsible part of an observed violation of the Fairfax County Zoning Ordinance, Virginia Property Maintenace Code, Statewide Fire Prevention Code, Vegetation Ordinance, or Noise Ordinance.

These legal notices are issued to the owner, tenant, or person responsible for the maintenance or use of the building, structure, or property.

A NOV is not an invoice or bill. While DCC includes potential penalties (fines) associated with the violations, the NOV itself does not require payment. Fines or other monetary penalties are only applied if DCC proceeds with legal action against the property owner or responsible party.

If you have any questions about a NOV you have received, contact your assigned investigator.


Why might you receive a NOV?

Upon receiving a report about alleged issues on a property, DCC investigates to find out if there is a violation. If there is a violation, DCC can issue an NOV. The notice will alert the responsible party to the presence of a violation and provide guidance on the appropriate corrective action. For more information about the investigations process, please see DCC’s About Us website.

How are NOV’s delivered?

As a legal document, the NOV must be served on the property and receipt confirmed to make sure that all responsible parties have received the NOV. The NOV will always be mailed to the property owner(s) address(es) on file and will be hand delivered with the assistance of the Fairfax County Sheriff’s Deputies who are assigned as our public safety liaisons. This process ensures that service has been made legally and that the County may pursue legal action if the situation warrants.

We recognize that this process may be worrisome for a property owner, but our goal remains to achieve voluntary compliance. Sheriff’s deputies are not present to arrest, interrogate, or intimidate anyone on the property.
 

NOV Basics - What’s in the NOV?

NOV PDFLike many legal notices, NOVs may be overwhelming at first glance. However, these notices will typically communicate the following important information:

 

The type of violation; when and where the violation was observed; a specific code section for the responsible party to review. 

All notices will provide the responsible party with directions for how to resolve a violation. In certain circumstances, the corrective action may require the responsible party to refer additional building codes unique to their property.

All notices will include a timeframe for the corrective action to be completed.

A relevant contact information of the responsible investigator is included in each notice. DCC encourages the responsible party to contact the investigator with any questions, or to provide additional information that may be helpful to achieving voluntary compliance.

The NOV will provide alternative options for obtaining permits or appealing the findings, depending on the nature of the violation. This may include being granted an approval through a public hearing, such as a special permit or variance to resolve a zoning violation. For building code violations, the NOV will provide information about how to obtain a building permit if one is required. Once the relevant application is accepted and progress is being made toward approval, DCC does not proceed with enforcement until or if the application is denied.

DCC’s goal is not to impose fines. However, if we cannot work with responsible parties to achieve voluntary compliance, DCC may ask a court to impose fines and/or for an order to abate the violation. Until the matter is heard in court, there are no fines or amounts due.

Anything else to know?

While few people are glad to receive a NOV, the document is required as DCC’s way to legally communicate what the violation(s) are, how the violation can be resolved, and the timeframe to comply.

Cited language in the NOVs may come directly from codes and ordinances and is sometimes wordy or confusing. If you have a question about the NOV, please contact the DCC Investigator who wrote the NOV. The Investigator provides a direct phone number and email address on the NOV.

If you need other assistance, such as translation services, please contact the DCC main office at 703-324-1300, TTY 711.

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