1220.12   VIOLATIONS; REMEDIES; CIVIL PENALTY; NOTICE.
   (a)   Stop Work Order.  Upon receipt of a sworn complaint of a substantial violation of this chapter from the Director of the Department of Building and Development, or his designee, a representative of the program authority, the County Administrator, or his designee, may issue an order requiring that all or part of the land-disturbing activities on a site be stopped until the corrective measures specified in the order have been fully satisfied.  If land-disturbing activities have commenced without an approved plan as provided in Section 1220.06 , the County Administrator, or his designee, shall issue a Stop Work Order and all of the land-disturbing activities must cease until an approved Erosion and Sediment Control plan and any required permits are obtained. Where the alleged violation 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, the Stop Work Order may be issued whether or not the alleged violator has been issued a notice to comply under this chapter. Otherwise, the Stop Work Order may be issued only after the alleged violator has failed to comply with a notice to comply issued under this chapter.  The Stop Work Order shall be served in the same manner as a notice to comply and shall remain in effect for up to seven days.  Upon the determination that appropriate corrective measures have been undertaken, the Stop Work Order shall be lifted immediately.  If the alleged violator has not obtained an approved plan or any required permits within seven days from the date of service of the Stop Work Order, the County Administrator, or his designee or the Director of the Department of Building and Development, or his designee, may issue an Administrative 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.  The Administrator 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 Loudoun County.  Any person violating or failing, neglecting or refusing to obey an Administrative Order issued by the County Administrator, or his designee, or the Director of the Department of Building and Development, or his designee, may be compelled in a proceeding instituted in the Circuit Court of Loudoun County to obey the same and to comply therewith by injunction, mandamus or other appropriate remedy.  Upon completion and approval of corrective action or obtaining an approved plan or any required permits, the Administrative Order shall immediately be lifted.  Nothing in this section shall prevent the County Administrator or the Director of the Department of Building and Development from taking any other action specified in this section.
   (b)   Schedule of Civil Penalties. Any person who violates any provision of this Chapter shall be subject to a civil penalty. Each day during which the violation is found to have existed shall constitute a separate offense. In no event shall a series of specified violations arising from the same operative set of facts result in civil penalties that exceed a total of $10,000. Civil penalties shall be in lieu of criminal sanctions and shall preclude the prosecution of such violation as a misdemeanor pursuant to 1220.99 . A civil penalty in the amount listed below shall be assessed for each violation of the respective offenses:
      (1)   Commencement of land disturbing activity without an approved erosion control plan shall be $500 for the first offense and $1,000 for each offense thereafter.
      (2)   Failure to comply with Minimum Standards 1, 2, 3, 5, and 7 (vegetative measures) shall be $500 for the first offense and $1,000 for each offense thereafter.
      (3)   Failure to comply with Minimum Standards 2, 4, 6, 8, 9, 10, 11, 15, and 17 (structural measures) shall be $500 for the first offense and $1,000 for each offense thereafter.
      (4)   Failure to comply with Minimum Standards 12, 13, 14, and 15 (watercourse measures) shall be $500 for the first offense and $1,000 for each offense thereafter.
      (5)   Failure to comply with Minimum Standards 16(a) and/or (c) (underground utility measures) shall be $500 for the first offense and $1,000 for each offense thereafter.
      (6)   Failure to obey a stop work order shall be $500 for the first offense and $1,000 for each offense thereafter.
      (7)   Failure to stop work when permit is revoked shall be $500 for the first offense and $1,000 for each offense thereafter.
      (8)   All other violations not specifically referenced herein shall be $500 for the first offense and $1,000 for each offense thereafter.
   The County of Loudoun may issue a summons for collection of the civil penalty. In any trail for a scheduled violation, it shall be the burden of the County of Loudoun to show, the liability of the violator by a preponderance of the evidence. An admission or finding of liability shall not be a criminal conviction for any purpose. Any civil penalties assessed by a court shall be paid into the treasury of the County of Loudoun.
   (c)   Civil Damages.  In addition to any penalty provided in this chapter, any person who violates this chapter may be liable to the County in a civil action for damages, as appropriate.
   (d)   Civil Charges.  With the consent of any person who has violated or failed, neglected or refused to obey any condition of a permit, the Director of Building and Development may order the payment of civil charges for violations in specific sums, not to exceed two thousand dollars ($2,000).  Such civil charges shall be instead of any appropriate civil penalty which could be imposed.
   (e)   Injunctions and Other Relief.  Notwithstanding any other relief or remedy available under this chapter, the Director of the Department of Building and Development may apply to the Circuit Court of the County for injunctive or such other equitable relief as might be appropriate in the case of a violation or threatened violation of any of the provisions of this chapter, without the necessity of showing that there does not exist an adequate remedy at law. An owner of property which has sustained damage or which is in imminent danger of being damaged, may apply to the Circuit Court of Loudoun County to enjoin a violation or a threatened violation of this chapter, without the necessity of showing that an adequate remedy at law does not exist.
   (f)   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 for each violation. A civil action for such violation or failure may be brought by the Director of the Department of Building and Development. Any civil penalties assessed by a court shall be paid into the treasury of the County of Loudoun, except that where the violator is the locality itself, or its agents, the court shall direct the penalty to be paid into the state treasury.
   (g)   Notice of Violation.  In no case shall the Director of Building and Development bring legal action to enforce the provisions of this chapter unless and until he has first given, or made diligent effort to give, specific notice to the applicant or permittee, as the case may be, of any violation of this chapter for which such legal or equitable relief is to be sought.  Such notice shall give the applicant or permittee a reasonable opportunity under the particular circumstances to correct the situation before enforcement action is brought.
   (h)   Cumulative Remedies.  The remedies provided for in this chapter shall be cumulative in the sense that the imposition of, or attempt to impose, one remedy shall not act as a restriction on any right to impose, or attempt to impose, any other remedy authorized by this chapter.
(Ord. 95-08.  Passed 9-20-95; Ord. 05-01.  Passed 1-11-05; Ord. 17-12.  Passed 12-13-17.)