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Minutes 11/27/1990
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Minutes 11/27/1990
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7/24/2000 10:00:29 PM
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City Council
Meeting Date
11/29/1900
City Council - Category
Minutes
City Council - Type
General
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welfare of the people in the City by establishing requirements for the <br /> control of erosion and sedtmentation, and by establishing procedures <br /> whereby these requirements shall be administered and enforced. <br /> (Ord. of 2-23-82, s 1.1) <br /> <br /> See. 8-3. Relationship of chapter to subdivision and zoning ordinances. <br /> <br /> . This chap.terL_.'~is c~'ntended__t~_,h~dj=unct;to 'the di~~bd.i-vi;s.ion <br /> <br />~ubdivided land within the City. <br /> (Ord. of 2-23-82, s 1.1) <br /> --Cross-reference-Subdivision Ordipance; APp.A-;-.-Zoning Ordinance, App. B. <br /> <br /> A violation of this chapter shall be deemed a misdemeanor Punishable <br />"by a fine- of not more than one thousand. dollars ($1,000.00), or by <br /> imprisonment for not more than thirty (30) days or by both such fine and <br /> tmprisonment. ' <br /> <br /> In addition to any criminal penalties provided under this section, any <br /> person who violates any provision of this chapter may be liable to the <br /> City in a civil action for damages, as follows: <br /> <br /> (a) Without limiting the remedies which may be obtained in this <br /> section, any person violating or failing, neglecting or refusing to obey <br /> any injunction, mandamus or other remedy obtained pursuant to this chapter <br /> shall be subject, in the discretion of the court, to a civil penalty not <br /> to exceed two thousand dollars ($2,000.00) for each violation. <br /> <br /> (b) With the consent of any person who has violated or failed, <br />neglected or refused to obey any condition of a permit or any provision of <br />this chapter, the Building Official may provide, in an order issued <br />against such person, for the payment of civil charges for violations in <br />specific sums, not to exceed the limit specified in subsection (a) of this <br />-section. Such civil charges shall be instead of any appropriate civil <br />.-penalty which could be imposed under subsection (a) ............ <br /> (Ord. of 2-23-82, s 5.1) <br /> State law reference--Similar provisions, Code of Virginta,.s-21-89.11. <br /> <br />Sec. 8-5. Enjoining violations; legal action to enforce chapter. <br /> <br /> (a) The Building Official may apply to the Circuit Court of the City <br />for injunctive relief to enjoin a violation or a threatened violation of <br />this chapter, without the necessity of showing that there does not exist <br />an adequate remedy at law. <br /> <br /> (b) The Commonwealth's Attorney shall, upon request of the Building <br />Official, take legal action to enforce the provisions of this chapter. <br />(Ord. of 2-23-82, ss 5.2, 5.3) <br /> State law reference--Similar provisions, Code of Virginia, s 21-89.11. <br /> <br />Sec. 8-6. Effect of compliance with chapter in action for damages. <br /> <br /> Compliance with the provisions of this chapter shall be prima facie <br />evidence, in any legal or equitable proceeding for damages caused by <br /> <br /> <br />
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