A.
If the Administrator shall find that any of the provisions
of this chapter are being violated, he or she shall notify, in writing,
the person responsible for such violations, indicating the nature
of the violation and ordering the action necessary to correct it.
The Administrator shall order discontinuance of illegal use of land,
buildings or structures; removal of illegal buildings or structures
or of illegal work being done; or shall take any other action authorized
by this chapter to ensure compliance with or to prevent violation
of its provisions. If such violation continues, the Administrator
shall immediately notify the County Attorney of such violation.
B.
The County Attorney shall immediately institute an
appropriate action or proceeding in law or equity to prevent such
violations or to restrain, correct or abate such violation.
In case any building, structure or land is or
is proposed to be erected, constructed, reconstructed, altered, converted,
maintained or used in violation of this chapter, the Administrator,
with the assistance of the commonwealth's Attorney, in addition to
other remedies, may institute in the name of the County any appropriate
action or proceeding to prevent, restrain, correct or abate such building,
structure or land or to prevent, in or about such premises, any act,
conduct, business or use constituting a violation.
A.
All departments, officials and public employees of
Northumberland County which are vested with the duty and authority
to issue permits, approve plans or conduct other activities to ensure
compliance with this chapter shall conform to the provisions of this
chapter. They shall issue permits, approve plans and conduct other
activities that allow uses, buildings or purposes only when they are
consistent with the provisions of this chapter. Any such permit or
plan, if issued or approved in conflict with the provisions of this
chapter, shall be null and void.
B.
Any person who violates any provision of any such
ordinance or violates or fails, neglects, or refuses to obey any local
governmental body's or official's final notice, order, rule, regulation,
or variance or permit condition authorized under such ordinance shall,
upon such finding by an appropriate circuit court, be assessed a civil
penalty not to exceed $5,000 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 County, city or town in which
the violation occurred 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, except that where the violator
is the County, city or town itself or its agent, the court shall direct
the penalty to be paid into the state treasury.
C.
With the consent of any person who violates any provision of any local ordinance related to the protection of water quality in Chesapeake Bay Preservation Areas or violates or fails, neglects. or refuses to obey any local governmental body's or official's notice, order, rule, regulation, or variance or permit condition authorized under such ordinance, the local government 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 $10,000 for each violation. Such civil charges shall be paid into the treasury of the County, city or town in which the violation occurred for the purpose of abating environmental damage to or restoring Chesapeake Bay Preservation Areas therein, except that where the violator is the County, city or town itself or its agent, the civil charges shall be paid into the state treasury. 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 local governmental body or official.
