Severability Clauses and Virginia Beach Ordinances

General Governance and Administration Virginia 3 Minutes Read ยท published February 09, 2026 Flag of Virginia

In Virginia Beach, Virginia, severability clauses help determine whether the remaining provisions of a city ordinance survive if one part is struck down by a court. This guide explains how severability language typically works in municipal ordinances, where to find the controlling text in the City of Virginia Beach Code of Ordinances, and which city offices handle enforcement, permits, and appeals. Use the steps below to check specific ordinances and to take action if you believe an ordinance is partially invalid or being enforced improperly.

How severability works in municipal ordinances

A severability clause states that if a court invalidates one section or provision, the rest of the ordinance remains in force unless the remaining text cannot operate independently. In practice, courts examine legislative intent and whether the remaining provisions are functional without the invalidated clause. For the City of Virginia Beach, the operative ordinance language is located in the municipal code and controlling text should be read in context before relying on it for compliance or legal action. See the official City Code for the exact clause text here[1].

Severability preserves enforceable provisions when courts strike parts of an ordinance.

Penalties & Enforcement

Enforcement of Virginia Beach ordinances is carried out by city departments designated in the code and implementing regulations. Specific monetary fines, escalation for repeat or continuing offences, and statutory time limits for appeals are controlled by the ordinance text or implementing regulations; if an ordinance includes a severability clause, the clause itself rarely alters penalties but can affect whether penalties attach to remaining provisions if a part is invalidated.

  • Monetary fines: not specified on the cited page for general severability language; consult the specific ordinance section in the City Code for amounts.[1]
  • Escalation (first/repeat/continuing offences): not specified on the cited page; check the enforcing ordinance or administrative rule.[1]
  • Non-monetary sanctions: typical remedies include administrative orders to comply, abatement actions, and civil court enforcement; exact remedies are set by the ordinance or enforcement policy and are not specified on the cited severability page.[1]
  • Enforcer and complaints: Code Compliance and Neighborhood Preservation handle many local ordinance complaints; file complaints or request inspections via the City Code Compliance pages. [2]
  • Appeals and review: appeal routes depend on the ordinance and may include administrative hearings or circuit court review; specific time limits are not specified on the cited severability page and are listed with each ordinance or enforcement rule.[1]
If you face enforcement actions, obtain the exact ordinance citation and administrative rule before filing an appeal.

Applications & Forms

Permits, variances, and formal applications are handled through Development Services or the department named in the specific ordinance. Where a variance or permit may cure a compliance issue or provide a defense, submit the application form shown on the city permits page; forms and submission instructions are available from Development Services. [3]

Many compliance issues can be resolved by applying for the correct permit or variance.

Action steps

  • Identify the exact ordinance section and read its severability clause directly in the City Code.[1]
  • Report alleged violations to Code Compliance using the official complaint page to request inspection and enforcement.[2]
  • If enforced, note deadlines and follow the ordinance-specific appeal or administrative hearing procedures; seek legal advice if a court challenge is likely.

FAQ

What is a severability clause?
A severability clause says that if part of an ordinance is invalidated, the remaining parts continue in force if they can operate independently.
Does severability change penalties?
No, severability itself usually does not change penalties; penalties are set by the ordinance and enforcement rules and must be checked in the City Code or implementing regulations.[1]
Who enforces city ordinances in Virginia Beach?
Enforcement is handled by the department named in the ordinance, commonly Code Compliance and Neighborhood Preservation for property and nuisance matters.[2]

How-To

  1. Find the ordinance citation and open the City of Virginia Beach Code of Ordinances online.[1]
  2. Read the severability clause and the operative penalty or enforcement sections that reference remedies.
  3. Contact the enforcing department to ask about enforcement practices and file a complaint if necessary.[2]
  4. If you receive an enforcement notice, review appeal procedures and deadlines and consider applying for permits or variances via Development Services if applicable.[3]
Document dates and official notice references when you prepare an appeal or complaint.

Key Takeaways

  • Severability preserves functioning parts of ordinances when courts remove invalid provisions.
  • Enforcement and appeals depend on the specific ordinance and the named enforcing department.

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