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1988 Ordinances
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1988 Ordinances
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Last modified
2/6/2009 3:41:44 PM
Creation date
6/19/2001 5:37:30 PM
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Ord/Resolutions
Year
1988
Ord/Resolutions - Type
Ordinances
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Section 40-316. Injunctions. <br /> <br /> In addition to, and notwithstanding the provisions of <br />Chapter 2.1 of Title 62.1 of the Code of Virginia and the <br />provisions of Section 40-314 of this Code, upon petition of <br />the Wetlands Board to the Circuit Court of the Citv, the Court <br />may enjoin such unlawful act and may order the person so <br />acting unlawfully to take such steps as are necessary to <br />restore, protect and preserve the wetlands involved. <br /> <br />Section 40-317. <br /> <br />Reporting, site inspections and notice to <br />comply; Wetlands Board to issue stop-work <br />order. <br /> <br /> (a) With respect to permits required pursuant to Chapter <br />2.1 of Title 62.1 of the Code of Virginia or this Article, the <br />Board chairman may require of the person responsible for <br />carrying out the provisions of the permit such monitoring and <br />reports as he may reasonable deem necessary. With respect to <br />any reported activity not authorized by the aforementioned <br />Chapter or Article, or with respect to the violation of any <br />permit issued pursuant thereto, he may direct such on-site <br />inspections as are deemed reasonable necessary to determine <br />whether the measures required by the permit are being properly <br />performed, or whether the provisions of the aforementioned <br />Chapter or Article are being violated. Prior to conducting <br />such inspections, notice shall be provided to the resident <br />owner, occupier or operator. <br /> <br /> Such resident owner, occupier or operator shall be given <br />an oDportunity to accompany the site inspector. If it is <br />determined that there is failure to comply with the permit, <br />the Board Chairman shall serve notice upon the person who is <br />responsible for carrying out the provisions of the permit at <br />the address specified by him~ i~ his application or by delivery <br />at the site of the permitted~ ~ctivities to the person <br />supervising such activities and designated in the permit to <br />receive such notice. Such notice shall set forth the measures <br />needed for compliance and the time within which such measures <br />shall be completed. Upon failure of such person to comply <br />within the specified period, he may be deemed to be in <br />violation of this section and upon conviction shall be subject <br />to the penalties provided in this Article. <br /> <br /> (b) Issuance of stop-work order. Upon receipt of a <br />sworn complaint of a substantial violation of Chapter 2.1 of <br />Title 62.1 of the Code of Virginia or of this Article from the <br />designated enforcement officer, the Board Chairman may, in <br />conjunction with or subsequent to a notice to comply as <br />specified in subsection (a) of this section, issue an order <br />requiring all or part of the activities on the site to be <br />stopped until the specified corrective measures have been <br />taken. In the case of an activity not authorized be the <br />aforementioned Chapter or Article, or where the alleged permit <br /> <br /> <br />
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