2019 US Virgin Islands Code
Title 12 - Conservation
Chapter 21 - Virgin Islands Coastal Zone Management
§ 913. Enforcement, penalties and judicial review

(a) General. The provisions of this section shall be cumulative and not exclusive and shall be in addition to any other remedies available at law or equity.

(b) Enforcement.

• (1) Any person may maintain an action for declaratory and equitable relief to restrain any violation of this chapter. On a prima facie showing of a violation of this chapter, preliminary equitable relief shall be issued to restrain any further violation hereof. No bond shall be required for an action under this subsection.

• (2) Any person may maintain an action to compel the performance of the duties specifically imposed upon the Commission or the Commissioner of any public agency by this chapter; provided, however, that no such action shall be brought prior to thirty days after written notice has been given to the Commission, its Committees, the Commissioner, or such public agency by the complainant specifying the duties which the complainant alleges have not been performed. No bond shall be required for an action under this subsection.

• (3) The appropriate Committee of the Commission and the Commissioner shall regularly monitor a permittee's compliance with the terms and conditions of its coastal zone permit.

• (4) The Commission, its Committees and the Commissioner shall have the power to enter at reasonable times upon any lands or waters in the coastal zone for which a coastal zone permit has been issued, and the permittee shall permit such entry for the purpose of inspecting and ascertaining compliance with the terms and conditions of said coastal zone permit, and to have access to such records as the Commission, its Committees or the Commissioner in the performance of its or his duties hereunder may require permittee to maintain. Such records may be examined and copies shall be submitted to the Commission or Commissioner upon request.

• (5) Violation of any term or condition of any coastal zone permit issued or approved pursuant to this chapter shall be grounds for revocation or suspension thereof. Violation of any term or condition of any occupancy or development permit or lease issued prior to the effective date of this chapter shall, to the maximum extent permitted by law, be grounds for revocation or suspension thereof.

• (6) When the Commission or Commissioner has reason to believe that any person has undertaken, or is threatening to undertake, any activity that may require a coastal zone permit without securing a coastal zone permit, or that may be inconsistent with any coastal zone permit previously issued, the Commission or Commissioner may issue a written order directing such person to cease and desist. The cease and desist order shall state the reasons for the Commission's or Commissioner's decision and may be subject to such terms and conditions as the Commission or Commissioner deems necessary to insure compliance with the provisions of this chapter including, without limitation, immediate removal of any fill or other material, suspension of the coastal zone permit, or the setting of a schedule within which steps must be taken to obtain a coastal zone permit pursuant to this chapter. Said order shall be served by certified mail or hand delivery upon the person being charged with the actual or threatened violation of this chapter, and shall be effective upon issuance; provided, however, that such order shall grant the opportunity for a hearing.

• (7) In addition to any other remedy provided herein or at law or equity, the Attorney General, the Commission or Commissioner may institute a civil action in the District Court of the United States Virgin Islands for an injunction or other appropriate relief, including revocation of a permit issued hereunder, or an order to prevent any person from violating the provisions of this chapter, including occupying or developing the trust lands or other submerged or filled lands, or to enforce any cease and desist order or any regulations issued hereunder.

(c) Penalties.

• (1) Any person who violates any provision of this chapter, or any regulation or order issued hereunder, shall be subject to a civil fine of not to exceed ten thousand ($10,000) dollars.

• (2) Any violation of this chapter or any regulation or order issued hereunder shall constitute a misdemeanor. Any person convicted of such a violation shall be fined in accordance with the provisions of subsection (c), paragraph (1) hereinabove, or imprisoned not more than one year, or both.

• (3) In addition to any other penalties provided by law, any person who intentionally and knowingly performs any development in violation of this chapter shall be subject to a civil fine of not less than one thousand dollars nor more than ten thousand dollars per day for each day during which such violation occurs.

• (4) In addition to the foregoing and in order to deter further violations of the provisions of this chapter, the Attorney General, the Commission or Commissioner may maintain an action for exemplary damages, the amount of which is left to the discretion of the court, against any person who has intentionally and knowingly violated any provisions of this chapter.

• (5) All civil penalties permitted herein shall be assessed by the appropriate court; provided, however, that at such time, if any, that the Commission may promulgate rules and regulations establishing a procedure for the administrative assessment of civil penalties, it or the Commissioner shall have the alternative of proceeding by means of court assessment or such administrative procedure. The Commission is hereby authorized to promulgate all rules and regulations it deems necessary to implement the alternatives allowed by this paragraph.

• (6) All fines collected under the provisions of this subsection (c) shall be deposited into the Natural Resources Reclamation Fund provided for in section 911, subsection (f), paragraph (4) of this chapter.

(d) Judicial review—Writ of review. Pursuant to Title 5, chapter 97 and Appendix V, Rules 10 and 11 of this Code, a petition for writ or review may be filed in the District Court of the United States Virgin Islands in the case of any person aggrieved by the granting or denial of an application for a coastal zone permit, including a permit or lease for the development or occupancy of the trust lands or other submerged or filled lands, or the issuance of a cease and desist order, within forty-five days after such decision or order has become final provided that such administrative remedies as are provided by this chapter have been exhausted.