§ 112. Violations; penalties.
(A)
A violation of any of the provisions of this ordinance shall be a misdemeanor punishable by a fine in an amount not exceeding one thousand dollars ($1,000.00) or confinement in jail for a period not exceeding twelve (12) months, either or both.
(B)
(1)
Without limiting the remedies which may be obtained under this ordinance, any person who violates any provision of this ordinance or who violates, fails, neglects, or refuses to obey any variance or permit condition authorized under this ordinance shall, upon such finding by the circuit court, be assessed a civil penalty not to exceed five thousand dollars ($5,000.00) for each day of violation. Such penalties may, at the discretion of the court assessing them, be directed to be paid into the treasury of the City for the purpose of abating environmental damage to or restoring Chesapeake Bay Preservation Areas within the City, in such a manner as the court may direct by order, except that in the event the City or its agent is the violator, the court shall direct the penalty to be paid into the treasury of the Commonwealth.
(2)
Without limiting the remedies which may be obtained under this ordinance, and with the consent of any person who has violated any provision of this ordinance, or who has violated, failed, neglected, or refused to obey any variance or permit condition authorized under this ordinance, the Board may provide for the issuance of an order against such person for the one-time payment of civil charges for each violation in specific sums, not to exceed ten thousand dollars ($10,000.00) for each violation. Such civil charges shall be paid into the treasury of the City for the purpose of abating environmental damage or restoring Chesapeake Bay Preservation Areas in the City, except that in the event the City or its agent is the violator, the civil charges shall be paid into the treasury of the Commonwealth. Civil charges shall be in lieu of any appropriate civil penalty that could be imposed under subdivision (1) of this subsection. Civil charges may be in addition to the coss of any restoration required by the Board.
(C)
In addition to, and not in lieu of, the penalties prescribed in subsections (A) and (B) hereof, the City may apply to the Circuit Court for an injunction against the continuing violation of any of the provisions of this ordinance and may seek any other remedy authorized by law.
(D)
Upon notice from the City Manager or his designee that any activity is being conducted in violation of any of the provisions of this ordinance, such activity shall immediately be stopped. An order to stop work shall be in writing and shall state the nature of the violation and the conditions under which the activity may be resumed. No such order shall be effective until it shall have been tendered to the owner of the property upon which the activity is conducted or his agent or to any person conducting such activity. Any person who shall continue an activity ordered to be stopped, except as directed in the stop-work order, shall be guilty of a violation of this ordinance.
(Ord. No. 2006, 11-6-90; Ord. No. 2154, 6-23-92; Ord. No. 2190, 11-10-92; Ord. No. 2517, 12-8-98; Ord. No. 2790, 12-9-03)
Editor's note— Ord. No. 2790, adopted Dec. 9, 2003, renumbered former § 115 of this appendix as § 112.
(Ord. No. 2006, 11-6-90; Ord. No. 2154, 6-23-92; Ord. No. 2190, 11-10-92; Ord. No. 2517, 12-8-98; Ord. No. 2790, 12-9-03)