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. Subsection (d) of this section. Such civil charges shall be instead of any appropriate civil penalty that could be imposed under Subsection (d). (t) The Commonwealth's Attorney shall, upon request of the City or the permit issuing authority, take legal action to enforce the provisions of this article. (g) Compliance with the provisions of this article shall be prima facie evidence in any legal or equitable proceeding for damages caused by erosion, siltation or sedimentation that all requirements of law have been met, and the complaining party must show negligence in order to recover any damages. Section 11-8. Appeals and judicial review . (a) Any applicant who is aggrieved by any action of the City or its agent in disapproving plans submitted pursuant to this article shall have the right to apply for and receive a review of such action by the Public UtilitiesIPublic Works Director or his designee provided an appeal is filed with the Public UtilitiesIPublic Works Director or his designee within 30 days from the date of the action. The Public UtilitiesIPublic Works Director or his designee shall conduct an appeal hearing within 30 days from receiving a request for such hearing. In reviewing the agent's actions, the Public UtilitiesIPublic Works Director or his designee shall consider credible evidence and professional opinions presented by the aggrieved applicant and the City's agent. After considering the credible evidence and professional opinions, the action may be affirmed, reversed or modified. The Public UtilitiesIPublic Works Director's or his designee's decision shall be in writing, setting forth factual findings and conclusions, and shall be final, except as provided in (b) below. (b) The decision of the Public UtilitiesIPublic Works Director or his designee shall be subject to review by the Circuit Court, provided an appeal is filed within 30 days from the date of any written decision adversely affecting the rights, duties, or privileges of the person engaging in or proposing to engage in land-disturbing activities. Section 11-9. Variances The Plan-approving authority may waive or modify any of the regulations in this section that are deemed inappropriate or too restrictive for site conditions by granting a variance. A variance may be granted under these conditions: (i) At the time of plan submission, an applicant may request a variance to become part of the approved erosion and sediment control plan. The applicant shall explain the reasons for requesting variances in writing. Specific variances that are allowed by the Plan-approving authority shall be documented in the plan. (ii) During construction, the person responsible for implementing the approved plan may request a variance in writing from the Plan-approving authority. The Plan-approving authority shall respond in writing either approving or disapproving such a request. If . 11