Legal Documents of Maryville

Code of Maryville

Table of Contents » Title 14 Zoning and Land Use Control » Chapter 2 Zoning And Land Use Ordinance » § 14-207 Enforcement and review.
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14
Title 14
14-1
Title 14, Chapter 1
14-101
§ 14-101
Maryville
Title 14 : Zoning and Land Use Control
Chapter 2 : Zoning And Land Use Ordinance

14-207 : Enforcement and review.

  1. Complaints regarding violations. Whenever the administrator receives a written, signed complaint alleging a violation of this chapter he shall investigate the complaint, take whatever action is warranted, and inform the complainant in writing what actions have been, or will be, taken.
  2. Persons liable. The owner, tenant, or occupant of any building or land, or part thereof, and any architect, builder, contractor, agent or other person who participates in, assists, directs, creates, or maintains any situation that is contrary to the requirements of this chapter may be held responsible for the violation and suffer the penalties and be subject to the remedies herein provided.
  3. Procedures upon discovery of violations.
    1. If the administrator finds that this chapter is being violated, he shall send a written notice to the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. Additional written notices may be sent at the administrator's discretion.
    2. The final written notice (and the initial written notice may be the final notice) shall state what action the administrator intends to take if the violation is not corrected and shall advise that the administrator's decision or order may be appealed to the board of zoning appeals.
    3. Notwithstanding the foregoing, in cases when delay would seriously threaten the effective enforcement of this chapter or pose a danger to the public health, safety, or welfare, the administrator may seek enforcement without prior written notice by invoking any of the penalties or remedies authorized in subsection (5) of this section.
  4. Penalties and remedies for violations.
    1. Any person violating any provision of this section shall be guilty of a misdemeanor, punishable as other misdemeanors as provided by laws. Each day such violation shall continue shall constitute a separate offense. In case any building or structure is erected, constructed, reconstructed, repaired, converted or maintained, or any building structure or land use in violation of this section, the building official, in addition to other remedies may institute injunction, mandamus, or other appropriate action or procedure to prevent the occupancy or such building, structure or land.
    2. Any act constituting a violation of the provisions of this section or a failure to comply with any of its requirements, including violations of any conditions and safeguards established in connection with the grants of variances or special exception permits, shall also subject the offender to a civil penalty of fifty dollars ($50.00) per day per violation. If the offender fails to pay this penalty within ten (10) days after being cited for a violation, the penalty may be recovered by the city in a civil action in the nature of debt. Any one (1), all, or combination of the foregoing penalties and remedies may be used to enforce this chapter. Violations of this section may be heard by the administrative hearing officer in accordance with Tennessee Code Annotated, §§ 6-54-1001 to 6-54-1018, and as established in title 12, chapter 9 of the Maryville Municipal Code.
    3. This section may also be enforced by any appropriate equitable action.
  5. Permit revocation.
    1. A zoning, sign, or special exception permit may be revoked by the permit-issuing authority (in accordance to the provisions of this section) if the permit recipient fails to develop or maintain the property in accordance with the plans submitted, the requirements of this section or any additional requirements lawfully imposed by the issuer of the permit.
    2. Before a special exception permit may be revoked, notice shall be provided and a hearing held before the board of zoning appeals as set forth in § 14-206. The notice shall inform the permit recipient of the alleged grounds for the revocation.
      1. The burden of presenting evidence sufficient to authorize the permit-issuing authority to conclude that a permit should be revoked for any of the reasons set forth in subsection (a) above shall be upon the party advocating that position. The burden of persuasion shall also be upon that party.
      2. A motion to revoke a permit shall include, insofar as practicable, a statement of the specific reasons or findings of fact that support the motion.
    3. Before a zoning or sign permit may be revoked, the administrator shall give the permit recipient ten (10) days' notice of intent to revoke the permit and shall inform the recipient of the alleged reasons for the revocation and/or his right to obtain an informal hearing on the allegations. If the permit is revoked, the administrator shall provide to the permitted a written statement of the decision and the reasons therefor.
    4. No person may continue to make use of land or buildings in the manner authorized by any zoning, sign, or special exception permit after such permit has been revoked in accordance with this section.
  6. Judicial review. Every final decision of the board of zoning appeals shall be subject to review by the Chancery Court of Blount County or the Blount County Circuit Court, Equity Division by proceedings in the nature of certiorari. (Ord. #2019-26, Dec. 2019)