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(b) In accordance with a performance bond with surety, cash escrow, letter of credit, any combination thereof,
<br />or such other legal arrangement, the city may also enter any establishment or upon any property, public or
<br />private, for the purpose of initiating or maintaining appropriate actions that are required by conditions
<br />imposed by the city on a land -disturbing activity when an owner, after proper notice, has failed to take
<br />acceptable action within the time specified.
<br />Section 11.1-19 Enforcement.
<br />(a) If the administrator determines that there is a failure to comply with the permit conditions or determines
<br />there is an unauthorized discharge, notice shall be served upon the permittee or person responsible for
<br />carrying out the permit conditions by any of the following: verbal warnings and inspection reports, notices of
<br />corrective action, consent special orders, and notices to comply. Written notices shall be served by
<br />registered or certified mail to the address specified in the permit application or by in person or electronic
<br />mail delivery at the site of the development activities to the agent or employee supervising such activities.
<br />(1) The notice shall specify the measures needed to comply with the permit conditions and shall specify the
<br />time within which such measures shall be completed. Upon failure to comply within the time specified,
<br />a stop work order may be issued in accordance with subsection (a)(2) or the permit may be revoked by
<br />the Administrator.
<br />(2) If a permittee fails to comply with a notice issued in accordance with this section within the time
<br />specified, the administrator may issue an order requiring the owner, permittee, person responsible for
<br />carrying out an approved plan, or the person conducting the land -disturbing activities without an
<br />approved plan or required permit to cease all land -disturbing activities until the violation of the permit
<br />has ceased, or an approved plan and required permits are obtained, and specified corrective measures
<br />have been completed. Such orders shall become effective upon service on the person by certified mail,
<br />return receipt requested, sent to his address specified in the land records of the locality, or by personal
<br />delivery by an agent of the Administrator. However, if the administrator fines that any such violation is
<br />grossly affecting or presents an imminent and substantial danger of causing harmful erosion of lands or
<br />sediment deposition in waters within the watersheds of the Commonwealth or otherwise substantially
<br />impacting water quality, it may issue, without advance notice, or hearing, an emergency order directing
<br />such person to cease immediately all land -disturbing activities on the site and shall provide an
<br />opportunity for a hearing, after reasonable notice as to the time and place thereof, to such person, to
<br />affirm, modify, amend, or cancel such emergency order. If a person who has been issued an order is
<br />not complying with the terms thereof, the administrator may institute a proceeding for an injunction,
<br />mandamus, or other appropriate remedy in accordance with section (c).
<br />(b) In addition to any other remedy provided by this article, if the administrator or his designee determines that
<br />there is a failure to comply with the provisions of this article, the administrator may direct the appropriate
<br />city official to suspend or revoke other city -issued licenses and permits that may be reasonably associated
<br />with the proper execution of the approved plan. Such suspension or revocation shall remain in effect until
<br />the permittee becomes compliant with the approved plan and has satisfactorily addressed the issues
<br />identified in the written notice, as determined by the administrator. Such other permits or licenses shall
<br />include, but are not necessarily limited to, building permits, zoning permits and clearances, health permits,
<br />land disturbing permits, right-of-way permits, etc. In the event of a revocation of a land disturbing permit or
<br />the issuance of stop work order, the owner or applicant shall be required to re -apply for the land disturbance
<br />permit and submit the required land disturbance permit fees based on the fee schedule that was in place at
<br />the time of the revocation or issuance, respectively. In addition, the site must be in compliance and pass a
<br />site inspection conducted by a city inspector before the new land disturbance permit will be issued.
<br />(c) Any person violating or failing, neglecting or refusing to obey any rule, regulation, ordinance, order, approved
<br />standard or specification, or any permit condition issued by the administrator may be compelled in a
<br />proceeding instituted in the circuit court for the City of Portsmouth by the city to obey the same and to
<br />comply therewith by injunction, mandamus, or other appropriate remedy.
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