Legal Documents of Maryville

Code of Maryville

Table of Contents » Title 19 Stormwater » Chapter 4 Stormwater Discharges » § 19-409 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 4 : Stormwater Discharges

19-409 : Violations and penalty.

  1. Any person violating the provisions of his chapter shall be guilty of a misdemeanor and punished as provided in the general penalty clause of the city code. Each day of a continuing violation of this chapter shall constitute a separate offense.
  2. Any person violating the provisions of this chapter may further be assessed by the director of engineering and public works, or his/her designee, a civil penalty of not less than fifty dollars ($50.00) or more than five thousand dollars ($5,000.00) per day for each violation. Each day of violation shall constitute a separate offense.
  3. In assessing a civil penalty, the municipality may consider:


    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 or resolution for specific categories of violations, if any; and
    7. The equities of the situation that outweigh the benefit of imposing any penalty or damage assessment.
  4. In addition to the civil penalty set forth in subsection (2) above, the city may recover all damages proximately caused by the violator to the municipality, including, but not limited to, reasonable expenses incurred in investigating violations and enforcing 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, at law or in equity, shall be no defense to such actions.
  6. 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.
  7. Any civil penalty assessed by the city may be appealed to the Blount County Circuit Court. (1999 Code, § 19-609)