§ 104-1-12. Penalties, injunctions and other legal actions.

(a)

Violations: Violators of this Chapter shall be guilty of a Class 1 misdemeanor.

(b)

Civil Action for Damages: In addition to any criminal penalties provided under this Article, any person who violates any provision of this Article may be liable to the County in a civil action for damages.

(c)

Stop-Work Order: Upon receipt of a sworn complaint of a violation under this Chapter, the Director may, in conjunction with or subsequent to a notice to comply as specified above, issue an order requiring that all or part of the land-disturbing activities permitted on the site be stopped until the specified corrective measures have been taken or, if land-disturbing activities have commenced without an approved plan as provided in Section 104-1-2, the Director may issue an order requiring that all of the land-disturbing activities be stopped until an approved plan or any required permits are obtained. Where the alleged noncompliance is causing or is in imminent danger of causing harmful erosion of lands or sediment deposition in waters within the watersheds of the Commonwealth or where the land-disturbing activities have commenced without an approved plan or any required permits, such an order may be issued without regard to whether the permittee has been issued a notice to comply as specified in Sections 104-1-2 and 104-1-5. Otherwise, such an order may be issued only after the permittee has failed to comply with such a notice to comply. The order shall be served in the same manner as a notice to comply, and shall remain in effect for a period of seven (7) days from the date of service pending application by the Director or the permit holder for appropriate relief to the Circuit Court. If the alleged violator has not obtained an approved plan or any required permits within seven (7) days from the date of service of the order, the Director may issue an order to the owner requiring that all construction and other work on the site, other than corrective measures, be stopped until an approved plan and any required permits have been obtained. Such an order shall be served upon the owner by registered or certified mail to the address specified in the permit application or the land records of the County. The owner may appeal the issuance of an order to the Circuit Court. Any person violating or failing, neglecting or refusing to obey an order issued by the Director may be compelled in a proceeding instituted in the Circuit Court to obey same and comply therewith by injunction, mandamus or other appropriate remedy. The order shall be lifted immediately following completion and approval of the corrective action or obtaining the approved plan or any required permits. Nothing in this section shall prevent the Director from taking any other action specified in this Chapter.

(d)

Injunctive Relief: The County may apply to the Fairfax County Circuit Court for injunctive relief to enjoin a violation or a threatened violation under this Chapter, without the necessity of showing that there does not exist an adequate remedy at law.

(e)

Enforcement: The Commonwealth's Attorney shall, upon request of the County, take legal action to enforce the provisions of this Article.

(f)

Compliance as Defense Against Damages: 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.

(g)

Use of Escrow: As provided for in Section 104-1-5 of this Article, the Director may authorize the County agents to use escrow funds posted by the applicant to provide conservation measures as may be necessary due to the applicant's failure to initiate appropriate conservation action as a result of his land-disturbing activity. In the event that escrow funds are used by the County pursuant to this Article, the applicant shall deposit, within ten (10) days of such disbursement, an amount sufficient to restore the amount to its original balance.

(h)

Civil Penalty: Without limiting the remedies which may be obtained in this Section, 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.

(i)

With the consent of any person who has violated or failed, neglected or refused to obey any regulation or any condition of a permit or any provision of this Article, the Director may provide, in an order issued by the Director against such person, for the payment of civil charges for violations in specific sums, not to exceed the limit specified in Subsection (h) of this Section. Such civil charges shall be instead of any appropriate civil penalty which could be imposed under Subsection (h). (5-82-104; 37-86-104; 15-89-104; 21-93-104; 38-94-104; 24-11-104.)

Footnotes:

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5. Formerly, section 104-1-13; renumbered by 21-93-104.