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<br />. <br /> <br />stopped until an approved plan and any required permits have been obtained. Such an order shall be <br />served upon the owner by registered or certified mail to the address specified in the permit <br />application or the land records of the City. The owner may appeal the issuance of an order to the <br />Portsmouth Circuit Court. <br /> <br />Any person violating or failing, neglecting or refusing to obey an order issued by the Plan- <br />approving authority may be compelled in a proceeding instituted in the Portsmouth Circuit Court to <br />obey same and to comply therewith by injunction, mandamus or other appropriate remedy. Upon <br />completion and approval of corrective action or obtaining an approved plan or any required permits, <br />the order shall immediately be lifted. <br /> <br />Nothing in this section shall prevent the Plan-approving authority from taking any other <br />action authorized by this article. <br /> <br />Section 11-7. Violations, penalties, legal remedies. <br /> <br />(a) Violators of this ordinance shall be guilty ofa Class 1 misdemeanor. <br /> <br />(b) The Plan-approving authority or the owner of property which has sustained damage or <br />which is in imminent danger of being damaged, may apply to the Circuit Court to enjoin a violation <br />or a threatened violation of this article, without the necessity of showing that an adequate remedy at <br />law does not exist. <br /> <br />. <br /> <br />However, an owner of property shall not apply for injunctive relief unless (i) he has notified <br />in writing the alleged violator, and the program authority, that a violation of the local program has <br />caused, or creates a probability of causing, damage to his property, and (ii) neither the alleged <br />violator nor the program authority has taken corrective action within fifteen days to eliminate the <br />conditions which have caused, or create the probability of causing, damage to his property. <br /> <br />(c) In addition to any criminal penalties provided under this ordinance, any person who <br />violates any provision of this article may be liable to the City in a civil action for damages. <br /> <br />(d) Without limiting the remedies which may be obtained in this section, any person <br />violating or failing, neglecting, or refusing to obey any injunction, mandamus or other remedy <br />obtained pursuant to this section shall be subject, in the discretion ofthe court, to a civil penalty not <br />to exceed $2,000 for each violation. The City may bring a civil action for such violation or failure. <br /> <br />Any civil penalties assessed by a court shall be paid into the treasury of the City of <br />Portsmouth, except that where the violator is the locality itself, or its agent, the court shall direct the <br />penalty to be paid into the state treasury. <br /> <br />(e) With the consent of any person who has violated or failed, neglected or refused to <br />obey any regulation or condition of a permit or any provision ofthis article, the City may provide for <br />the payment of civil charges for violations in specific sums, not to exceed the limit specified in <br /> <br />. <br /> <br />10 <br /> <br />