Legal Documents of Gatlinburg

In addition to the provisions set out in 18-409, the inspector shall have the following powers:

1. Penalties. To issue a citation upon finding that the person or permit holder has violated a provision of this ordinance. The violator may be subject to a penalty of not less than fifty dollars ($50.00) and not more than five thousand dollars ($5,000.00) as provided by Tennessee Code Annotated, § 68-221-1106. Each day during which a provision of this ordinance is violated shall constitute a separate violation when actual site visits and conditions are properly documented by the inspector or other agents. Appeals shall be made to the municipal board of appeals.
2. Injunctions, etc. To institute injunction, mandamus, abatement and any other appropriate judicial actions or proceedings to prevent, enjoin or abate the violations of any provision of this ordinance or the provisions of any permit, condition or limitation in the Chancery Court for Sevier County.
3. Measuring civil penalties. In assessing a civil penalty, the following may be considered:
   
   1. The harm done to the public health or the environment;
   2. Whether the civil penalty imposed will be a substantial economic deterrent to the illegal activity;
   3. The economic benefit gained by the violator;
   4. The amount of effort put forth by the violator to remedy this violation;
   5. Any unusual or extraordinary enforcement costs incurred by the municipality;
   6. The amount of penalty established by ordinance for specific categories of violations; and;
   7. Any equities of the situation which outweigh the benefit of imposing any penalty or damage assessment.
4. Recovery of damages and costs. In addition to the civil penalty in subsection (1) above, the municipality may recover:
   
   1. All damages proximately caused by the violator to the municipality, which include any reasonable expenses incurred in investigating violations of, and enforcing compliance with, this ordinance, or any other actual damages caused by the violation.
   2. The costs of the municipality for maintenance of stormwater facilities when the user of such facilities fails to maintain them as required by this ordinance.
5. Other remedies. The municipality may bring legal action to enjoin the continuing violation of this ordinance, and the existence of any other remedy, at law or equity, shall be no defense to any such actions. The inspector may prosecute the alleged violator of this ordinance criminally in General Session Court of Sevier County pursuant to Tennessee Code Annotated, § 5-1-123. Any appeal of criminal convictions shall be made through the Circuit Court of Sevier County.
6. Remedies cumulative. The remedies set forth in this section shall be cumulative, not exclusive, and it shall not be a defense to any action, civil or criminal, that one (1) or more of the remedies set forth herein has been sought or granted. (as added by Ord. #2331, June 2005, and replaced by Ord. #2387, June 2008, Ord. #2399, Oct. 2008, and Ord. #2467, Sept. 2013)