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Sec. 39 -59. Notice of failure to comply. <br />If it is determined that there is a failure to comply with the permit issued pursuant to <br />Code of Virginia, § 28.2 -1300 et seq., or this ordinance, the wetlands <br />board chair shall serve notice upon the person who is responsible for carrying <br />out the provisions of the permit at the address specified by him in his application or by <br />delivery at the site of the permitted activities to the person supervising such activities and <br />designated in the permit to receive such notice. Such notice shall set forth the measures <br />needed for compliance and the time within which such measures shall be completed. <br />Upon failure of such person to comply within the specified period, he may be deemed to <br />be in violation of this section and upon conviction shall be subject to the penalties <br />provided in this ordinance. <br />Sec. 39 -60. Issuance of stop work order. <br />(a) Upon receipt of a sworn complaint of a substantial violation of Code of Virginia, <br />§ 28.2 -1300 et seq. or of this ordinance from the designated enforcement <br />officer, the wetlands board chair may, in conjunction with or subsequent <br />to a notice to comply as specified in section 39 -59, issue an order requiring all or <br />part of the activities on the site to be stopped until the specified corrective <br />measures have been taken. <br />(b) In the case of an activity not authorized by such chapter or ordinance, or <br />where the alleged permitted noncompliance is causing or is in eminent danger of <br />causing, significant harm to the wetlands protected by such chapter or g <br />ordinance, such an order may be issued without regard to whether the person has <br />been issued a notice to comply as specified in section 39 -59. Otherwise, such an <br />order may be issued only after the permittee has failed to comply with a notice to <br />comply. <br />(c) The stop work order shall be served in the same manner as a notice to comply, <br />and shall remain in effect for a period of seven days from the date of service <br />pending application by the enforcing authority, permit holder or the resident <br />owner, occupier or operator for appropriate relief to the circuit court of the city. <br />Upon completion of corrective action, the order shall immediately be lifted. <br />(d) Nothing in this section shall prevent the wetlands board chair from <br />taking any other action specified in Code of Virginia, § 28.2 -1300 et seq. or this <br />ordinance. <br />(e) Upon receipt of a sworn complaint of a substantial violation of Code of Virginia, <br />§ 28.2 -1300 et seq. or of the provisions contained in this a ordinance from a <br />designated enforcement officer, the wetlands board may order that the affected <br />site be restored to predevelopment conditions if the board deems restoration <br />necessary to recover lost resources or to prevent further damage to resources. <br />Such an order shall specify the restoration necessary and establish a reasonable <br />time for its completion. Such orders shall be issued only after a hearing with at <br />least 30 days' notice to the affected person of the time, place and purpose thereof, <br />and they shall become effective immediately upon issuance by the board. The <br />wetlands board shall require such scientific monitoring plans as it deems <br />