§ 5003. Enforcement, violation and penalties.

(a)

The primary responsibility for administering and enforcing this ordinance shall be assigned to the zoning administrator or a duly authorized designee. The zoning administrator or his duly authorized designee, planning commission members and board of supervisors' members including other persons designated by the board of supervisors, shall have authority to conduct inspections and surveys upon the property affected by this ordinance to determine compliance with this ordinance. The zoning administrator shall seek criminal or civil enforcement for any provision of this ordinance and take any action on behalf of the county to prevent or abate any violation or potential violation of this ordinance. The zoning administrator, upon written request of an interested person whose property may be affected, shall render an opinion as to the applicability of this ordinance to particular uses in its application to the factual circumstances presented. The zoning administrator shall design and distribute applications and forms required for this ordinance and request information that is pertinent to the request of the approval and shall perform such other duties as are necessary for the proper enforcement and administration of this ordinance.

(b)

In addition to any other remedies in subsection (a) of this section, the following penalties are incorporated in this ordinance as follows:

1.

Any person who: (i) violates any provision of the ordinance or (ii) violates or fails, neglects, or refuses to obey any board of supervisors' or the zoning administrator's final notice, order, rule, regulation, or variance or permit condition authorized under this ordinance shall, upon such finding by an appropriate circuit court, be assessed a penalty not to exceed five thousand dollars ($5,000.00) for each day of violation.

2.

With the consent of any person who: (i) violates any provision of this ordinance or (ii) violates or fails, neglects, or refuses to obey any board of supervisors' or zoning administrator's, notice, order, rule, regulation, or variance or permit condition authorized under this ordinance, the board of supervisors' may provide for the issuance of an order against such person for the one (1) time payment of civil charges for each violation in specific sums, not to exceed ten thousand dollars ($10,000.00) for each violation. Such civil charges shall be paid into the treasury of Isle of Wight County for the purpose of abating environmental damage to or restoring Chesapeake Bay Preservation Areas in the county except that where the violator is the county or its agent, the civil charges shall be paid into the state treasury. The civil charges shall be in lieu of any appropriate civil penalty imposed under subdivision 1. of this subsection. Civil charges may be in addition to the cost of any restoration required or ordered by the board of supervisors or zoning administrator. (8-21-06.)