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1990 Ordinances
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1990 Ordinances
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2/6/2009 3:41:17 PM
Creation date
6/18/2001 5:35:00 PM
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Ord/Resolutions
Year
1990
Ord/Resolutions - Type
Ordinances
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Section 39-60. Issuance of stop-work order. <br /> <br /> (e) Upon receipt of a sworn complaint of a substantial <br />violation of Chapter 2.1 of title 62.1 (section 62.1-13.1 et <br />seq.) of the Code of Virginia, or of the provisions contained <br />in this article, from a designated enforcement officer, the <br />wetlands board may order that the affected site be restored to <br />predevelopment conditions if the board deems restoration <br />necessary to recover lost resources or to prevent further <br />damage to resources. Such an order shall specify the <br />restoration necessary and establish a reasonable time for its <br />completion. Such orders shall be issued only after a hearing <br />with at least thirty days notice to the affected person of the <br />time, place and purpose thereof, and they shall become <br />effective immediately upon issuance by the board. The <br />wetlands board shall require such scientific monitoring plans <br />as it deems necessary to ensure that such pro3ects result in <br />the successful reestablishment of wetlands protected by the <br />aforementioned chapter and may require that a prepaid contract <br />acceptable to the wetlands board be in effect for the purposes <br />of carrying out the scientific monitoring plan. In addition, <br />the wetlands board may require a reasonable bond or letter of <br />credit in an amount and with surety and conditions <br />satisfactory to it securing to the Commonwealth compliance <br />with the conditions set forth in the restoration order. The <br />appropriate court, upon petition by the wetlands board, shall <br />have authority to enforce any such restoration order by <br />in3unction, mandamus, or other appropriate remedy. Failure to <br />complete the required restoration shall constitute a violation <br />of the aforementioned chapter. <br /> <br />3. This ordinance shall take effect on July 1, 1990. <br /> <br /> Adopted by the Council of the City of Portsmouth, <br />Virginia, at a meeting held on June 26, 1990. <br /> <br />Teste: <br /> <br />City Clerk <br /> <br /> <br />
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