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<br />'" <br /> <br />ORDINANCE IIO~QQkJL <br /> <br />AN ORDINANCE TO AMEND CHAPTER 11 OF THE CODE OF THE CITY OF <br />PORTSMOUTH, VIRGINIA (2006) TO ESTABLISH OR AMEND FEES <br />PERT AINING TO EROSION AND SEDIMENT CONTROL. <br /> <br />BE IT ORDAINED by the Council of the City of Portsmouth, Virginia: <br /> <br />1. That Section 11-4( a) of the Code of the City of Portsmouth, Virginia <br />(2006) be amended and reordained to read as follows: <br /> <br />Sec. 11-4. Submission and approval of plans; contents of plans. <br /> <br />(a) Except as provided herein, no person may engage in any land disturbing <br />activity until he has submitted to the city an erosion and sediment control plan for the <br />land disturbing activity and such plan has been approved by the plan-approving authority. <br />Where land disturbing activities involve lands under the jurisdiction of more than one <br />local control program, an erosion and sediment control plan, at the option of the <br />applicant, may be submitted to the board for review and approval rather than to each <br />jurisdiction concerned. Where the land disturbing activity results from the construction of <br />a single-family residence, an "agreement in lieu of a plan" may be substituted for an <br />erosion and sediment control plan if executed by the plan-approving authority. Any <br />person who commences land disturbing activities prior to the approval of an erosion and <br />sediment control plan or an agreement in lieu of a plan may be liable for a civil charge in <br />an amount not to exceed $1,000 per day. <br /> <br />2. That Section 11-6 of the Code of the City of Portsmouth, Virginia (2006) <br />be amended by the adoption of a new subsection (d) to read as follows: <br /> <br />Sec. 11-6. Monitoring, reports, and inspections. <br /> <br />(d) The permittee or person responsible for carrying out the plan shall pay <br />such inspection fees as are set out in Appendix A of this Code. <br /> <br />3. That Section 11-7 of the Code of the City of Portsmouth, Virginia (2006) <br />be amended by repealing subsection (a) and by amending subsections (c) and (d) thereof <br />to read as follows: <br /> <br />Sec. 11-7. Violations, penalties, legal remedies. <br /> <br />( a) Reserved. <br /> <br />(b) The plan-approving authority or the owner of property which has sustained <br />damage or which is in imminent danger of being damaged, may apply to the circuit court <br />to e11ioin a violation or a threatened violation of this article, without the necessity of <br />