(A) Any person who has violated or failed, neglected, or refused to obey any order, notice, or requirement of Northampton County, any condition of a land-disturbance approval, or any provision of this chapter shall, upon a finding of the District Court of Northampton County, be assessed a civil penalty. The civil penalty for any one violation shall be not less than $100 nor more than $1,000, except that the civil penalty for commencement of land-disturbing activities without an approved plan shall be $1,000. 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 which exceed a total of $10,000, except that a series of violations arising from the commencement of land-disturbing activities without an approved plan for any site shall not result in civil penalties which exceed a total of $10,000.
(B) (1) The Director of Planning, Permitting and Enforcement, or the owner or property which has sustained damage, or which is in imminent danger of being damaged, may apply to the Circuit Court of Northampton County to enjoin a violation or a threatened violation of VA Code §§ 62.1-44.15:55 or 62.1-44.15:58, without the necessity of showing that an adequate remedy at law does not exist.
(2) However, an owner of property shall not apply for injunctive relief unless: (1) he has notified in writing the person who has violated the local program, and the program authority, that a violation of the local program has caused, or creates a probability of causing, damage to his property; and (2) neither the person who has violated the local program nor the program authority has taken corrective action within 15 days to eliminate the conditions which have caused, or create the probability of causing, damage to his or her property.
(C) In addition to any criminal or civil penalties provided under this chapter, any person who violates any provision of the Erosion and Sediment Control Law may be liable to Northampton County in a civil action for damages.
(D) (1) 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 Northampton County.
(2) Any civil penalties assessed by a court shall be paid into the treasury of Northampton County, except that where the violator is the locality itself, or its agent, the court shall direct the penalty to be paid into the state treasury.
(E) With the consent of any person who has violated or failed, neglected or refused to obey any regulation or condition of a permit or any provision of this chapter, or order of the VESCP authority, Northampton County may provide for the payment of civil charges for violations in specific sums, not to exceed the limit specified in division (D) above. Such civil charges shall be instead of any appropriate civil penalty which could be imposed under division (A) or (D) above.
(F) The Commonwealth's Attorney shall, upon request of Northampton County, take legal action to enforce the provisions of this chapter.
(Ord. passed 4-9-2024)