Legal Documents of Maryville

Code of Maryville

Table of Contents » Title 19 Stormwater » Chapter 2 Grading, Soil Erosion And Sedimentation Control » § 19-224 Violations and penalty.
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19
Title 19
19-1
Title 19, Chapter 1
19-101
§ 19-101
Maryville
Title 19 : Stormwater
Chapter 2 : Grading, Soil Erosion And Sedimentation Control

19-224 : Violations and penalty.

  1. Any person violating the provisions of this chapter shall be guilty of a misdemeanor and punished as provided in the general provisions of the city code. Each day that a continuing violation of this chapter is maintained or permitted to remain shall constitute a separate offense.
  2. Any person violating the provisions of this chapter may be assessed a civil penalty by the city of not less than fifty dollars ($50.00) nor more than five thousand dollars ($5,000.00) per day for each day of the violation. Each violation shall constitute a separate violation. The city may also recover all damages proximately caused to the city by such violation.
  3. In assessing the civil penalty, the city shall follow the provisions of the chart set forth herein and for any violation not listed may consider the following in determining the appropriate amount:
    1. The harm done to the public health or the environment;
    2. Whether the civil penalty imposed will be of substantial economic detriment 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 or resolution for specific categories for violations; and
    7. All equities of the situation which outweigh the benefit of imposing any penalty or damage assessment.
  4. In addition to the civil penalty, the city may recover all damages proximately caused by the violator to the city which may include any reasonable expenses and attorney's fees incurred in investigating, enforcing and/or correcting the violations of this chapter.
  5. The city may bring legal action to enjoin the continuing violation of this chapter, and the existence of any other remedy in law or equity shall be no defense to any such action. The city attorney may also initiate civil proceedings in any court of competent jurisdiction seeking monetary damages for any damages caused to publicly owned stormwater facilities by any person.
  6. The remedies set forth in this section shall be cumulative, not exclusive, and is not to 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.
  7. If the director of engineering and public works, or his/her designee, finds any person, firm, or entity has engaged in or directed land-disturbing activities without having obtained a required grading permit from the City of Maryville, the following shall occur:
    1. First offense. A stop work order and a notice of violation will be issued.
    2. If work continues. Assessment of civil penalties in the minimum amount of fifty dollars ($50.00) and a maximum amount of five thousand dollars ($5,000.00) for each day work continues without a grading permit.
    3. The permit fees will automatically double.
  8. If the director of engineering and public works, or his/her designee, finds any person, firm, or entity has engaged in or directed land-disturbing activities that is subject to the State of Tennessee general NPDES permit for discharges of stormwater associated with construction activities without having obtained the required NPDES permit, the following shall occur:
    1. First offense. A stop work order and a notice of violation will be issued. TDEC will be notified of the violation. The owner/operator will be required to obtain a grading permit per § 19-206(3). The stop work order will not be rescinded until the required NPDES and grading permits are obtained.
    2. If work continues. Assessment of civil penalties in the minimum amount of five hundred dollars ($500.00) and a maximum amount of five thousand dollars ($5,000.00) for each day work continues without the required permits.
    3. The permit fees will automatically double.
  9. Enforcement and penalties for all other violations of this chapter shall occur in the following manner:
    1. First offense. Written warning with a maximum of two (2) days for compliance. If conditions warrant in the judgment of the director of engineering and public works, or his/her designee, a stop work order will be immediately issued.
    2. Second offense. Notice of violation, stop work order, suspension of all city inspections until violation is corrected.

    3. Third offense. Notice of violation, stop work order, suspension of all city inspections until the violation is corrected, TDEC notification and the imposition of a civil penalty in accordance with the following:
       

    4. An additional penalty of five hundred dollars ($500.00) shall be added to the schedule of penalties, up to a maximum of five thousand dollars ($5,000.00), for any person or entity that has more than three (3) related offenses or has a documented history of three (3) or more offenses at multiple development or redevelopment sites in the City of Maryville.
  10. Any performance bond posted may be forfeited based on the circumstances if compliance is not achieved after notice of violation within the time specified in the notice. Any grading permit granted may also be suspended.
  11. All stop work orders shall be effective immediately upon issuance and shall be in effect until the necessary corrective action or mitigation has occurred, and the City of Maryville has released the stop work order after inspection of the site indicates conformance. Such notice shall be in writing and shall be given to the owner of the property, or an agent of the owner, or the person in charge of the job site, or conspicuously posted at the project location, and shall state the necessary corrective actions with a completion date before other activities can resume.
  12. Any person or entity who receives three (3) related written notices of violations shall be required to retake or, in the case of an entity, to have its management retake the Level I Fundamentals of Erosion Prevention and Sediment Control Workshop sponsored by the TDEC or approved equal. If after completing the course again, the same person or entity receives a subsequent written environmental violation within three (3) years of completing the course, requests for other city grading permits will be denied to that person. The person may appeal within thirty (30) days of the denial by requesting a hearing by the city manager, or his designee, to attempt to obtain the desired permits. (1999 Code, § 19-321)