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Section 40-292. Enforcement. (a) Any person who violates any of the provisions of this Article, upon conviction thereof, shall be fined not less than ten ($10) dollars, nor more than two hundred fifty ($250) dollars. Each day's continuance of such violation shall constitute a separate offense. (b) The erection of a slgn in contravention of the requirements of this Article shall constitute a nuisance. The Building Official, any other appropriate authority, or any adjacent, nearby or neighboring property owner who would be affected by such violation, may, in addition to the remedies set forth in subsection (a), institu~e injunction, mandamus, or other appropriat~ action or proceeding to prevent the unlawful erection~ construction, reconstruction, alteration, repair or conversion of any sign, to restrain, abate, or correct such violation, to prevent the use of any such sign, and to require its removal from the premises. 2. That S~ction 40-210(b) of the Code of the City of Portsmouth: V!rgln~a, 1973~ be amended ~o read as follows: Section 40-210. Jurisdiction, powers and duties. The Bo~d of Zoning Appeals shall have the following powers, and it shall be its duty: (b) ~o grant a variation only in the dimensional re- quirements hereof when a property owner can show that his property was acquired in good faith and where by reason of exceptional narrowness, shallowness or shape of a specific piece of property at the time of the effective date of this chapter~ or where by reason of exceptional topographical conditions or other extraordinary situation or condition of such piece of property, or of the use or development of property adjacent thereto, that the strict application of the terms of this chapter actually prohibit or unreasonably restr£ct the use of his property, and where the board ~s satisfied, under the evidence heard before it, the granting of such variation will alleviate a clearly demonstrable hardship approaching confiscation as distinguished from a special privilege or convenience sought by the owner; provided, however, that all variations granted under this clause shall be in harmony with the intended spirit and purpose of the chapter and shall not constitute a direct and obvious amend- men~ of any district regulations or district boundaries. 12