§ 38-32. Penalties; enforcement.

(a)

A violation of this article shall be deemed a misdemeanor and, upon conviction, shall be subject to a fine not exceeding $1,000.00 or 30 days' imprisonment for each violation or both.

(b)

The plan administrator may apply to the county circuit court for injunctive relief to enjoin a violation or a threatened violation of this article, without the necessity of showing that there does not exist an adequate remedy at law.

(c)

The commonwealth's attorney shall, upon request of the plan administrator, take legal action to enforce the provisions of this article.

(d)

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.

(Ord. No. O-01-003, § 10-88, 8-22-2001)

State Law reference— Similar provisions, Code of Virginia, § 10.1-569.

(Ord. No. O-01-003, § 10-88, 8-22-2001)

State law reference

Similar provisions, Code of Virginia, § 10.1-569.