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<br />0R1JINAII( .... 200 7 ~5._. <br /> <br />AN ORDINANCE TO DEEM CERT AIN VIOLATIONS OF USE PERMITS TO <br />BE PUBLIC NUISANCES. <br /> <br />BE IT ORDAINED by the Council of the City of Portsmouth, Virginia: <br /> <br />That the Code of the City of Portsmouth, Virginia (2006) be, and hereby is, <br />amended and reordained by amending Chapter 23 through adding an additional definition <br />to Section 23-1 and enacting a new section, numbered 23-106, as follows: <br /> <br />Sec. 23-1. Definitions <br /> <br />* * * * * <br /> <br />Use Permit means a use permit issued by any political subdivision ofthe Commonwealth <br />of Virginia. <br /> <br />ARTICLE VI. USE PERMITS; VIOLATION OF CONDITIONS DEEMED A <br />PUBLIC NUISANCE <br /> <br />Section 23-106. Violation of Use Permit. <br />A. The violation of any condition in a use permit that results in a materially adverse <br />effect on community quality, public safety, public health, public quality oflife, or <br />traffic on public roads within the City of Portsmouth is hereby deemed a public <br />nuisance. By way of example and without limitation, such adverse effect may be <br />deemed to exist as a result of odor, air emissions, emission of particulate matter, <br />soil or water contamination, environmental violations, noise, vibration, lighting, <br />emergency events such as fires or explosions, increased wear on City streets, or <br />increase of traffic congestion. <br />B. The City of Portsmouth shall be entitled to injunctive relief to enjoin any such <br />violation, without being required to show the absence of an adequate remedy at <br />law. The City shall also be entitled to all other relief authorized by law for public <br />nUIsances. <br /> <br />This ordinance shall take effect on the date of its adoption. <br /> <br />Adopted by the Council of the City of Portsmouth, Virginia, at a meeting held on <br />October 9,2007. <br /> <br />Teste: <br /> <br />City Clerk <br />