Plea Agreement 6.7.2020

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PLEA AGREEMENT

COMMONWEALTH OF VIRGINIA VS. JOSEPH LONG AND JOHN CAPPIALI


GC 19 56-00 and GC 19 60-00
The above named defendants shall enter a plea of guilty to the
charge as set forth in the summons in this case, they shall stipulate
the facts are sufficient for a finding of guilt and the court shall
find them guilty upon their pleas, whereupon the Commonwealth will
recommend the following disposition in the case:
1. A fine of $1000, all suspended. Pursuant to the provisions of
Virginia Code §15.2-2286(A)(5), the court in addition to
imposition of a fine shall ORDER the violators to abate or remedy
the violation in compliance with the Zoning Ordinance on or
before May 8, 2020 and shall inform the zoning administrator of
the removal of the items listed below and allow inspection to
confirm the removal of the items not later than a date set by the
court;
2. The defendants shall be on unsupervised probation for a period of
one year;
3. The defendants shall cause to be removed from the subject
property the following equipment:
a. 1996 Yellow Komatsu W250A Loader
b. 1996 Purple Komatsu Excavator 128UU
c. 1999 Yellow ASV Loader 4520
d. 1999 Yellow ASV Loader 4500
e. 1969 Yellow Michigan Loader 175A
f. Yellow Caterpillar D4C LGP Bulldozer
g. 1977 Yellow P&H Omega 18 Crane
h. 1996 Yellow JLG 355 Man Lift
i. 1994 Orange/Yellow JLG Scissor Lift
j. 2005 White JLG 35 Scissor Lift
k. 1989 Yellow WS200 Mitsubishi Loader
l. 1998 Yellow Dynapack Roller
m. 1996 Yellow Rammax 33/24 Roller
n. 2001 Yellow Rammax 33/24 Roller
o. 1996 Yellow JLG manlift
p. 1990 Yellow Caterpillar C-70 Forklift
q. 1986 Orange/White Nissan Mod 20 Forklift
r. 1994 Green Mitsubishi Forklift
s. 1990 Yellow Hyster Electric Forklift
t. 1976 Yellow Hyster Propane Forklift
u. All but 3 generators
v. All but 1 salt spreader and 1 snow plow
And not to return the above items to the subject property, and
not to bring in further equipment of like kind unless such
equipment is clearly subordinate to agricultural or residential
use, and is customarily found in association with and in service
of the principal use that in this case is a single family
dwelling and agriculture. And further, any additional equipment
proposed to be brought in to this property shall be described in
a letter to the Zoning Administrator of Rappahannock County,
together with a photograph thereof prior to bringing the
equipment upon the property.

_______________________________ _________________
Joseph Long Date

_______________________________ _________________
John Cappiali Date

_______________________________ _______________
Commonwealth Attorney Date

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