Notwithstanding the provisions of sections 1601 through 1610, sand grading activities are permitted on coastal primary sand dunes located on the
Atlantic shoreline of the City of Virginia Beach if otherwise permitted by law, and
if the city manager has declared an emergency and has issued a permit for this purpose.
Such activities may be conducted without advance notice and hearing; however, the
city manager, upon request and after reasonable notice as to time and place, shall
hold a hearing to affirm, modify, amend, or cancel such emergency permit. "Emergency,"
as used in this section, means a sudden and unforeseeable occurrence or condition,
either as to its onset or as to its extent, of such disastrous severity or magnitude
that governmental action beyond that authorized or contemplated by existing law is
required because governmental inaction for the period required to amend the law to
meet the exigency would work immediate and irrevocable harm upon the citizens of the
Commonwealth or some clearly defined portion or portions thereof.
(Ord. No. 1805, 8-22-88; Ord. No. 2203, 1-26-93)
