(A) (1) With respect to permits required pursuant to this chapter, VA Code Title 28.2, Chapter 13, the Wetlands Board Chairperson may require of the person responsible for carrying out the provisions of the permit such monitoring and reports as they may reasonably deem necessary. With respect to any reported activity not authorized by this chapter, or aforementioned chapters, or with respect to the violation of any permit issued pursuant thereto, they may direct such onsite inspections as are deemed reasonably necessary to determine whether the measures required by the permit are being properly performed, or whether the provisions of this chapter or aforementioned chapters are being violated. Prior to conducting such inspections, notice shall be provided to the resident owner, occupier or operator.
(2) The resident owner, occupier or operator shall be given an opportunity to accompany the site inspector. If it is determined that there is a failure to comply with the permit, the Wetlands Board Chairperson shall serve notice upon the person who is responsible for carrying out the provisions of the permit at the address specified by him in his application or by delivery at the site of the permitted activities to the person supervising such activities and designated in the permit to receive such notice. The notice shall set forth the measures needed for compliance and the time within which such measures shall be completed. Upon failure of such person to comply within the specified period, he may be deemed to be in violation of this section and upon conviction shall be subject to the penalties provided in this chapter.
(B) Upon receipt of a sworn complaint of a substantial violation of this chapter, VA Code Title 28.2, Chapter 13, from the designated enforcement officer, the Chairperson may, in conjunction with or subsequent to a notice to comply as specified in division (A) of this section, issue an order requiring all or part of the activities of the site to be stopped until the specified corrective measures have been taken. In the case of an activity not authorized by this chapter, or subsequent chapters, or where the alleged permit noncompliance is causing, or is in imminent danger of causing, significant harm to the wetlands or the coastal primary sand dunes protected by this chapter or subsequent chapters such an order may be issued without regard to whether the person has been issued a notice to comply as specified in division (A) of this section. 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 days from the date of service pending application by the enforcing authority, permit holder or the resident owner, occupier or operator for appropriate relief to the circuit court of the jurisdiction wherein the violation was alleged to have occurred. Upon completion of corrective action, the order shall immediately be lifted. Nothing in this section shall prevent the Chairperson from taking any other action contained in this chapter.
(C) Upon receipt of a sworn complaint of a substantial violation of this chapter, VA Code Title 28.2, Chapter 13, from a designated enforcement officer, the Wetlands Board may order that the affected site be restored to pre-development conditions if the Wetlands Board deems restoration necessary to recover lost resources or to prevent further damage to resources. Such an order shall specify the restoration necessary and establish a reasonable time for its completion. The orders shall be issued only after a hearing with at least 30 days notice to the affected person of the time, place and purpose thereof, and they shall become effective immediately upon issuance by the Wetlands Board. The Wetlands Board shall require such scientific monitoring plans as it deems necessary to ensure that such projects result in the successful reestablishment of the wetlands, or coastal primary sand dunes protected by this chapter or subsequent chapters and may require that prepaid contract acceptable to the Wetlands Board be in effect for the purposes of carrying out the scientific monitoring plan. In addition, the Wetlands Board may require a reasonable bond or letter of credit in an amount and with surety and conditions satisfactory to it securing to the Commonwealth compliance with the conditions set forth in the restoration order. The appropriate court, upon petition by the Wetlands Board, shall have authority to enforce any such restoration order by injunction, mandamus or other appropriate remedy. Failure to complete the required restoration shall constitute a violation of this chapter.
(D) The duties of the Wetlands Board Chairperson prescribed in this section may be delegated to their respective designees; however, designees shall not be those persons who are designated as enforcement officers.
(Ord. passed 4-12-1993; Am. Ord. passed 5-14-2013)