§ 118-9-1. General Provisions.

(a)

Any building erected or improvements constructed contrary to any of the provisions of this Chapter and any land disturbing activity regardless of area contrary to any of the provisions of this Chapter and any removal of vegetation in Chesapeake Bay Preservation Areas contrary to any of the provisions of this Chapter shall be and the same is hereby declared to be unlawful.

(b)

Any person, whether owner, lessee, principal, agent, employee or otherwise, who violates any of the provisions of this Chapter, or permits any such violation, or fails to comply with any of the requirements hereof, or who erects any building or uses any building or land in violation of the provisions of this Chapter shall be subject to the enforcement provisions of this Article.

(c)

Upon becoming aware of any violation of any provisions of this Chapter, the Director shall serve a notice of violation on the property owner, the person committing or permitting the same either in person or by registered or certified mail to the property or the owner's address. Such notice shall specify the provisions of the Chapter which have been violated, the measures needed to remedy the violation, and a reasonable time in which to remedy the violations. Failure to take steps to comply with such notice within the time provided for therein shall constitute a separate violation of this Chapter.

(d)

Restoration of Chesapeake Bay Preservation Areas shall be performed as necessary to meet the intent of this Chapter, the requirements herein, and the requirements of the Public Facilities Manual. In addition to the plantings required by Section 118-3-3(f) and the Public Facilities Manual, the Director may require that trees illegally removed from Chesapeake Bay Preservation Areas be replaced by other trees of the same or comparable species of equal value and/or be replaced 2 for 1 with 2 inch caliper trees. The value of the replacement trees shall not exceed the value of those illegally removed as determined by the formula in the latest revision of the "Guide for Plant Appraisal" prepared by the Council of Tree and Landscape Appraisers and published by the International Society of Arboriculture.

(e)

The Director may require the submission of a Water Quality Impact Assessment (WQIA) in accordance with the provisions of Article 4 as a condition for remedying a violation. In addition to the components of the WQIA listed in Section 118-4-3, the WQIA shall include a restoration plan acceptable to the Director for any removal of vegetation from Chesapeake Bay Preservation Areas which does not comply with the provisions of this Chapter.

(f)

The Director, on behalf of the Board of Supervisors, may apply to the Fairfax County Circuit Court for injunctive relief to enjoin a violation or a threatened violation of any provision of this Chapter. (32-03-118.)