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AN ORDINANCE TO AMEND CHAPTER 39 OF THE CODE OF THE CITY OF PORTSMOUTH, VIRGINIA (1988), BY A~ENDING SECTIONS 39-21, 39-22, 39-23, 39-56, 39-57, 39-58, 39-59, 39-60 (a), (d) AND (e) AND 39-87 THEREOF PERTAINING TO WETLANDS. ' BE IT ORDAINED by the Council of the City of Porusmouth, Virginia: 1. That Sections 39-21, 39-22, 39-56, 39-59, 39-60 (a), (d) and (e), and 39-87 of of Portsmouth, Virginia (1988), be amended Sec. 39-21. Intent. 39-57, 39-58, the Code of the City to read as follows: The city council, acting pursuant to chapter 13 of title 28.2 (section 28.2 1300 eu seq.) of the Code of Virginia, for purposes of fulfilling the policy standards set forth in such chapuer, adopus this article reoulating the use and development of wetlands. - Sec. 39-22. Violations. (a) Any person who knowingly, intentionally, negligently or continually violates any order, rule or regulation of the commzssion or of the wetlands board or violates any provision of chapEer 13 of title 28.2 (section 28.2 1300 eu seq.) of the Code of Virginia or of the provisions contained in this arnicle or any provision of a permit granted by the wetlands board or the commissmon pursuant to chapter 13 of title 28.2 (section 28.2 1300 et seq.) of the Code of Virginia, shall be guilty of a Class 1 misdemeanor. Following a convzcuion, every day the violation continues shall be deemed a separate offense. (b) In addition to, and notwithstanding the provisions of chapter 13 of title 28.2 (section 28.2 1300 eu seq.) of the Code of Virginia or any provisions of this Code, upon petition of the wetlands board to the circuit court of the city, the court may enjoin any unlawful act referred ~o in subsection (a) of this section and may order the person so acting unlawfully mo take such sneps as are necessary to resnore, protect and preserve the wetlands involved. (c) Without limiting the remedies which may be obtained in chapner 13 of title 28.2 (section 28.2 - 1300 en seq.) of the Code of Virginia or of the provisions contained in this article, any person who violates any provision of the aforementioned chapuer or of this artiule or who violates or fails, neglects or refuses to obey any commission or wetlands board notice, order, rule, regulation or permit condition shall, upon such finding by an appropriate circuit court, be assessed a civil penalty non uo exceed twenuy-five thousand dollars ($25,000.00) for each day of violation. Such civil penalties may, at the discreuion of the court assessing them, be directed to be paid into the treasury of the city for the