1990 Ordinances - Laserfiche WebLink

Home Browse Search

AN ORDINANCE TO ~{END CHAPTER 39 OF THE CODE OF THE CITY OF PORTSMOUTH, VIRGINIA, 1988, BY AMENDING SECTIONS 39-22 AND 39-60 THEREOF, PERTAINING TO WETLANDS. BE IT ORDAINED by the Council of the City of Portsmouth, Virginia: 1. That Section 39-22 of the Code of the City of Portsmouth, Virginia, 1988, be amended by adding subsections (c) and (d) thereto, to read as follows: Section 39-22. Violations. (c) Without limiting the remedies which may be obtained in chapter 2.1 of title 62.1 (section 62.1-13.1 et seq.) of the Code of Virginia or of the provisions contained in this article, any person who violates any provision of the aforementioned chapter or of this article 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 not to exceed $25,000 for each day of violation. Such civil penalties may, at the discretion of the court assessing them, be directed to be paid into the treasury of the city in which the violation occurred for the purpose of abating environmental damage to, or the restoration of wetlands therein, in such a manner as the court may, by order, direct, except that where the violator is the city itself, o~ its agent, the court shall direct the penalty to be paid into the state treasury. (d) Without limiting the remedies which may be obtained in chapter 2.1 of title 62.1 (section 62.1-13.1 et seq.) of the Code of Virginia or the provisions contained in this article and with the consent of any person who has violated any provision of the aforementioned chapter or of this article or who has violated or failed, neglected or refused to obey any Commission or wetlands board order, rule, regulation, or permit condition, the wetlands board may provide, in an order issued by the wetlands board against such person, for the one-time payment of civil charges for each violation in specific sums, not to exceed $10,000 for each violation. Civil charges shall be in lieu of any appropriate civil penalty which could be imposed under subsection (c) of this section. Civil charges may be in addition to the cost of any restoration ordered by the wetlands board. 2. That Section 39-60 of the Code of Portsmouth, Virginia, 1988, be amended by adding subsection (e) to read as follows: