Sec. 16.2-59. Enforcement.

 

(a) If it is determined that there is a failure to comply with the approved plan, notice shall be served upon the applicant or person responsible for implementing the plan by registered or certified mail to the address specified in the application or plan certification, or by delivery at the land development site to the agent or employee supervising such activities.

 

(b) The notice shall specify the measures needed to comply with the plan and shall specify the time within which such measures shall be completed.

 

(c) Upon failure to comply within the time specified, the permit or approval may be revoked and the applicant or person responsible for implementing the plan shall be deemed to be in violation of this ordinance.

 

(d) Any person who violates any provision of this ordinance shall be guilty of a misdemeanor and shall be subject to a fine or imprisonment for each violation, or both, as provided for in Section 10.1-603.14 of the Code of Virginia.

 

(e) The program administrator may apply to the circuit court to enjoin a violation or a threatened violation of this chapter as provided for in Section 10.1-603.14 of the Code of Virginia without the necessity of showing that an adequate remedy at law does not exist.

 

 

(f) Without limiting the remedies, which may be obtained in this section, the program administrator may bring a civil action against any person for violation of this chapter, or any condition of the permit or approval, or any provision of the local program. The action may seek to impose of a civil penalty of not more than two thousand dollars ($2,000) for each violation as provided for in Section 10.1-604.14 of the Code of Virginia.

 

(g) With the consent of any person who has violated or failed, neglected or refused to obey this ordinance or any condition of the permit or approval or any provision of the local program, the program administrator may issue an order against or to such person, for the payment of civil charges for violations in specific sums, not to exceed the limit specified in subsection (f) of this section as provided for in Section 10.1-604.14 of the Code of Virginia. Such civil charges shall be instead of any appropriate civil penalty, which could be imposed under subsection (f). (Ord. No. O-01-079, 4-24-01, eff. 5-1-01; Ord. No. O-07-047, 4-10-07)

 

Last updated date: 4/13/2007 3:23:15 PM