Chapter 13.14
ENFORCEMENT AND MISCELLANEOUS

Sections:

13.14.010    Violations and enforcement.

13.14.020    Stop work orders.

13.14.030    Civil and criminal penalties.

13.14.040    Restoration of lands.

13.14.050    Holds on occupation permits.

13.14.060    Appeals.

13.14.070    Severability.

13.14.010 Violations and enforcement.

(1) Violations. Any development activity that is commenced or is conducted contrary to the provisions of Division I of this title or the approved plans and permit may be subject to the enforcement actions outlined in this chapter and the Code of Virginia.

(2) Notice of Violation. When the administrator determines that an activity is not being carried out in accordance with the requirements of Division I of this title, it shall issue a written notice of violation delivered by registered or certified mail to the applicant. The notice of violation shall contain:

(a) The name and address of the applicant;

(b) The address when available or a description of the building, structure or land upon which the violation is occurring;

(c) A statement specifying the nature of the violation;

(d) A description of the remedial measures necessary to bring the development activity into compliance with Division I of this title and a time schedule for the completion of such remedial action;

(e) A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed; and

(f) A statement that the determination of violation may be appealed to the municipality by filing a written notice of appeal within 30 days of service of the notice of violation. (Ord. 2007-20).

13.14.020 Stop work orders.

Persons receiving a notice of violation will be required to halt immediately all construction activities. This “stop work order” will be in effect until the administrator confirms in writing that the development activity is in compliance and the violation is satisfactorily addressed. Upon failure to comply within the time specified, the permit may be revoked and the applicant shall be deemed to be in violation of this chapter and upon conviction shall be subject to the penalties provided by Division I of this title and otherwise permitted by law. (Ord. 2007-20).

13.14.030 Civil and criminal penalties.

Any person who violates any provision of Division I of this title shall be guilty of a Class 1 misdemeanor and shall be subject to a fine not exceeding $2,000 or up to 30 days imprisonment for each violation or both. In addition, without limitation, the administrator may:

(1) Apply to the circuit court to enjoin a violation or a threatened violation of the provisions of Division I of this title without the necessity of showing that an adequate remedy at law does not exist.

(2) Bring a civil action against any person for violation of Division I of this title or any condition of a permit. The action may seek the imposition of a civil penalty of not more than $2,000 against the person for each violation.

(3) Provide, with the consent of any person who has violated or failed, neglected or refused to obey Division I of this title or any condition of a permit, an order issued by the administrator against such person, for the payment of civil charges for violations in specific sums, not to exceed the limit specified by the provisions of this section. Such civil charges shall be instead of any civil penalty which could be imposed. (Ord. 2007-20).

13.14.040 Restoration of lands.

Any violator may be required to restore land to its undisturbed condition or in accordance with a notice of violation, a notice of stop work, or permit requirements. In the event that restoration is not undertaken within a reasonable time after notice, the administrator may take necessary corrective action, the cost of which shall be recovered under the performance bond, or become a lien upon the property until paid, or both. (Ord. 2007-20).

13.14.050 Holds on occupation permits.

Occupation permits shall not be granted until corrections to all stormwater practices have been made in accordance with the approved plans, notice of violation, notice of stop work, or permit requirements, and accepted by the administrator. (Ord. 2007-20).

13.14.060 Appeals.

Final decisions of the administrator or the plan-approving authority under this chapter shall ultimately be subject to review by the circuit court of the city of Staunton, Virginia; provided, that an appeal is filed within 30 days from the date of the final written decision adversely affecting the rights and duties or privileges of the person engaging in or proposing to engage in land-disturbing activities. (Ord. 2007-20).

13.14.070 Severability.

If the provisions of any article, section, subsection, paragraph, subdivision or clause of this division shall be judged invalid by a court of competent jurisdiction, such order or judgment shall not affect or invalidate the remainder of any article, section, subsection, paragraph, subdivision or clause of this division. (Ord. 2007-20).