In addition to, and not in lieu of, any other enforcement remedies provided in this article, the Village may pursue the following:
(a) Legal Action. If any person violates a provision of this article, any order of the Board, or any term or condition under this article, the Village may commence an action for appropriate legal and/or equitable relief in Cabell County Circuit Court, seeking damages and costs associated with damage to or increased operating costs of the Village, payment of any fines or penalties that the Village may be assessed by any regulatory agency, and attorney fees and court costs.
(b) Injunctive Relief. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this article. If a person has violated, or continues to violate the provisions of this article, the Village may petition a court of competent jurisdiction for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation, including a requirement for the person to conduct environmental remediation. Any such person against whom such an injunction is issued shall be responsible for paying all costs of the Village in obtaining and enforcing such injunction, including the court costs and attorney’s fees.
(Ord. 2022-05. Passed 9-5-22.)