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showing that an adequate remedy at law does not exist. However, an owner of property shall not apply for injunctive relief unless: (1) He has notified in writing the alleged violator, and the program authority, that a violation of the local program has caused, or creates a probability of causing, damage to his property; and (2) Neither the alleged violator nor the program authority has taken corrective action within 15 days to eliminate the conditions which have caused, or create the probability of causing, damage to his property. (c) In addition to any civil penalties provided under this article, any person who violates any provision of this article may be liable to the city in a civil action for damages. (d) Without limiting the remedies which may be obtained in this article, any person violating or failing, neglecting, or refusing to obey any injunction, mandamus or other remedy obtained pursuant to this section shall be subject, in the discretion of the court, to a civil penalty not to exceed $2,000.00 for each violation. The city may bring a civil action for such violation or failure. Any civil penalties assessed by a court shall be paid into the treasury of the city, except that where the violator is the locality itself, or its agent, the court shall direct the penalty to be paid into the state treasury. (e) With the consent of any person who has violated or failed, neglected or refused to obey any regulation or condition of a permit or any provision of this article, such person shall pay a civil charge in an amount identified at the time of the issuance of the land disturbing permit. Such charge shall be not less than $100 nor more than $2,000 for each violation or noncompliance with any regulation or condition of a permit or any provision of this article. Such civil charges shall be instead of any appropriate civil penalty that could be imposed under subsection (d) of this section. (f) 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. 4. That Appendix A of the Code of the City of Portsmouth, Virginia (2006) be amended and reordained by the adoption of the following fees: