SB 1495 (Surovell) provides that any person aggrieved by an enforcement action by a locality, where the enforcement action was based upon a willful disregard for applicable law, regulation, or ordinance, shall be entitled to an award of compensatory damages and to an order remanding the matter to the locality with a direction to terminate such enforcement and may be entitled to reasonable attorney fees and court costs. The bill will be heard in the Senate Judiciary Committee on February 1.
SB 1495 would likely increase the number of legal claims brought against a local government and would have a chilling effect on the ability of local governments to pursue enforcement actions for violation of ordinances.
Contact members of the Senate Judiciary Committee to vote “NO” on SB 1495.
VACo Contacts: Phyllis Errico, Esq., CAE and Joe Lerch, AICP