10.1-613 - Enforcement. - Virginia Statutes

§ 10.1-613. Enforcement.

Any person or legal entity failing or refusing to comply with an order issuedpursuant to this article may be compelled to comply with the order in aproceeding instituted in any appropriate court by the Board. The Board shallbring suit in the name of the Commonwealth in any court of competentjurisdiction to enjoin the unlawful construction, modification, operation, ormaintenance of any dam regulated under this article. Such court may requirethe removal or modification of any such dam by mandatory injunction. If thecourt orders the removal of the dam, the owner shall be required to bear theexpenses of such removal.

Should the Board be required to implement and carry out the action, the Boardshall charge the owner for any expenses associated with the action, and ifthe repayment is not made within 90 days after written demand, the Board maybring an action in the proper court to recover this expense. The Board shallfile an action in the court having jurisdiction over any owner or the owner'sproperty for the recovery of such costs. A lien in the amount of such costsshall be automatically created on all property owned by any such owner at orproximate to such dam or reservoir.

(1982, c. 583, § 62.1-115.10; 1988, c. 891; 2006, c. 30.)