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EROSION AND SEDIMENT CONTROL § 8-7 <br /> <br />Sec. 84. Penalty for violations of chapter. <br /> <br /> A violation of this chapter shall be deemed a misdemeanor punishable by a fine of not <br />more than one thousand dollars ($1,000.00), or by imprisonment for not more than thirty (30) <br />days, or by both such fine and imprisonment. <br /> In addition to any criminal penalties provided under this section, any person who violates <br />any provision of this chapter may be liable to the city in-a civil action for damages, as follows: <br /> <br /> (1) Without limiting the remedies which may be obtained in this section, any person <br /> violating or failing, neglecting or refusing to obey any injunction, mandamus or other <br /> remedy obtained pursuant to this chapter shall be subject, in the discretion of the <br /> court, to a civil penalty not to exceed two thousand dollars ($2,000.00) for each vio- <br /> lation. <br /> <br /> (2) With the consent of any person who has violated or failed, neglected or refused to obey <br /> any condition of a permit or any provisions of this chapter, the building official may <br /> provide, in an order issued against such person, for the payment of civil charges for <br /> violations in specific sums, not to exceed the limit specified in subsection (1) of this <br /> section. Such civil charges shall be instead of any appropriate civil penalty which <br /> could be imposed under subsection (1). <br /> (Ord. of 2-23-82, § 5.1; Ord. No. 90-15, 11L27-90) <br /> State law reference--Similar provisions, Code of Virginia, § 21-89.11. <br /> <br />Sec. 8-5. Enjoinlug violations; legal action to enforce chapter. <br /> <br /> (a) The building official may apply to the circuit court of the city for injunctive relief to <br />enjoin a violation or a threatened violation of this chapter, without the necessity of showing <br />that there does not exist an adequate remedy at law. <br /> <br /> (b) The commonwealth's attorney shall, upon request of the building official, take legal <br />action to enforce the provisions of this chapter. <br />(Ord. of 2-23-82, §§ 5.2, 5.3) <br /> State law reference--Similar provisions, Code of Virginia, § 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 evidence, in any legal <br />or equitable proceeding for damages caused by erosion, siltation or sedimentation, that all <br />requirements of law have been met and the complaining party must show negligence in order <br />to recover any damages. <br />(Ord. of 2-2-82, § 5.4) <br /> State law reference-Similar provisions~ Code of Virginia, § 21-89.11. <br /> <br />Sec. 8-7. State regulations adopted. <br /> <br /> The regulations as adopted and amended from time to time in the state erosion control <br />program are adopted and incorporated into this chapter by reference as if they were set forth <br />verbatim. <br />(Ord. of 2-23-82, § 1.1; Ord. No. 90-15, 11-27-90) <br />Supp. No. 24 <br /> 493 <br /> <br /> <br />