Sec. 16.1-15. Penalties, injunctions and other legal actions.
(a) Violators of this chapter shall be deemed guilty of a class 1 misdemeanor for each violation.
(b) The City of Lynchburg may apply to the circuit court of the city of Lynchburg to enjoin a violation or a threatened violation of this chapter, without the necessity of showing that an adequate remedy at law does not exist.
(c) In addition to any criminal penalties provided under this chapter, any person who violates any provision of this chapter may be liable to the City of Lynchburg in a civil action for damages.
(d) Without limiting the remedies which may be obtained in this section, any person violating or failing, neglecting, or refusing to obey any injunction, mandamus or other remedy obtained pursuant to this section shall be subject, in the discretion of the court, to a civil penalty not to exceed two thousand dollars ($2,000) for each violation.
(e) With the consent of any person who has violated or failed, neglected or refused to obey any regulation or condition of a permit or any provision of this chapter, the City of Lynchburg may provide for the payment of civil charges for violations in specific sums, not to exceed the limit specified in paragraph (d) of this section. Such civil charges shall be instead of any appropriate civil penalty which could be imposed under paragraph (d).
(f) For the purpose of enforcing the provisions of this chapter, the program administrator, or his duly authorized agent, shall have the authority to apply for the issuance of inspection warrants by a magistrate or court of competent jurisdiction. The program administrator or his agent may present sworn testimony to a magistrate or court of competent jurisdiction and if such sworn testimony establishes probable cause that a violation of this chapter has occurred, request that the magistrate or court grant the program administrator or his agent an inspection warrant to enable the program administrator or his agent to enter the subject property for the purpose of determining whether violations of this chapter exist. The program administrator or his agent shall make a reasonable effort to obtain consent from the owner or managing agent of the subject property prior to seeking the issuance of an inspection warrant under this section. It shall be a violation of this chapter for any owner, managing agent or other person, to deny the program administrator, or his duly authorized agent, access to any property after the program administrator, or his duly authorized agent have obtained an inspection warrant from a magistrate or a court of competent jurisdiction.
(g) The city attorney shall, upon request of the city, take legal civil action to enforce the provisions of this chapter.
(h) Compliance with the provisions of this chapter shall be prima facie evidence in any legal or equitable proceeding for damages caused by erosion, siltation or sedimentation that all requirements of law have been met, and the complaining party must show negligence in order to recover any damages. (Ord. No. O-93-039, 2-9-93; Ord. No. O-09-121, 10-13-09)
Last updated date: 10/15/2009 9:23:34 AM