§ 37.1-57. Enforcement.

(a)

Any person who violates any of the provisions of this article shall be guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000.00). Each day's continuance of such violation shall constitute a separate offense.

(b)

Any person who: (i) violates any provision of this article or (ii) violates or fails, neglects, or refuses to obey any final notice, order, rule, regulation or variance or permit condition authorized under such chapter shall, upon such finding by an appropriate circuit court, be assessed a civil penalty not to exceed five thousand dollars ($5,000.00) for each day of violation. Such civil penalties may, at the discretion of the court assessing them, be directed to be paid into the treasury of the city for the purpose of abating environmental damage to or restoring Chesapeake Bay Preservation Areas therein, in such a manner as the court may direct by order.

(c)

With the consent of any person who: (i) violates any provision of this article related to the protection of water quality in Chesapeake Bay Preservation Areas or (ii) violates or fails, neglects, or refuses to obey any notice, order, rule, regulation, or variance or permit condition authorized under such chapter, the city may provide for the issuance of an order against such person for the one-time payment of civil charges for each violation in specific sums, not to exceed ten thousand dollars ($10,000.00) for each violation. Such civil charges shall be paid into the treasury of the city for the purpose of abating environmental damage to or restoring Chesapeake Bay Preservation Areas therein. Civil charges shall be in lieu of any appropriate civil penalty that could be imposed under subsection (b) of this section. Civil charges may be in addition to the cost of any restoration required or ordered by the city.

(Ord. No. 7017-13, § 1)

(Ord. No. 7017-13, § 1)