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APPENDIX A-SUBDIVISION ORDINANCE 10-2 to any portion of the plat so vacated as was set apart for other public use shall be re-vested in the owners, proprietors and trustees, if any, who signed the statement as required by section 4-3 of this ordinance free and clear of any rights of public use in the same. SECTION 8. PROCEEDINGS TO PREVENT VIOLATIONS 8.1. Restraining violations of chapter. Any violation or attempted violation of this ordinance, or any regulations adopted hereun- der, may be restrained, corrected, or abated, as the case may be by injunction or other appropriate proceeding. State law reference-Similar provision, Code of Virginia ~ 15.2-2208. SECTION 9. APPEALS 9-1. Procedure. If the agent fails to approve or disapprove the plat within sixty (60) days after it has been officially submitted for approval, the subdivider, after ten (10) days' written notice to the agent, may petition the circuit court of the jurisdiction in which the land involved, or the major part thereof, is located, to decide whether the plat should or should not be approved. The court shall hear the matter and make and enter such order with respect thereto as it deems proper, which may include directing approval of the plat. If the agent disapproves the plat and the subdivider contends that such disapproval was not properly based on the provisions of this ordinance, or was arbitrary or capricious, the subdivider may appeal to the circuit court having jurisdiction of such land and the court shall hear and determine the case as soon as may be provided that said appeal is filed with the circuit court within sixty (60) days of the written disapproval by the agent. SECTION 10. EFFECTUAL CLAUSES 10-1. Exceptions. Where the subdivider can show that the strict adherence of any provision of this subdivision ordinance would cause an unnecessary hardship, council may approve a departure upon the written recommendation of the planning commission. 10-2. Penalties. Any person violating any of the provisions of this ordinance shall be subject to a fine of not more than one hundred dollars ($100.00) for each lot or parcel of land so subdivided or transferred or sold; and the description of such lot or used in the process of selling or transferring shall not exempt the transaction from such penalties or from remedies herein provided. Supp. No. 61 1749