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ORDINANCE NO. 1138 
Page 25 of 26 
 
(a) All damages proximately caused by the violator to the City, which may include 
any reasonable expenses incurred in investigating violations of, and enforcing 
compliance with, this chapter, or any other actual damages caused by the 
violation. 
(b) The costs of the City’s maintenance of stormwater facilities when the user of such 
facilities fails to maintain them as required by this chapter.   
(4) Referral to TDEC.  In accordance with the City’s Enforcement Response Plan and the 
NPDES Permit requirements, the City may also notify TDEC of violations. 
(5) Other remedies.  The City may bring legal action to enjoin the continuing violation of this 
chapter, and the existence of any other remedy, at law or equity, shall be no defense to 
any such actions. 
(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. 
14-510. A
ppeals .  Pursuant to Tennessee Code Annotated § 68-221-1106(d), any person 
aggrieved by the imposition of a civil penalty or damage assessment as provided by this chapter 
may appeal said penalty or damage assessment to the City’s governing body. 
(1) A
ppeals to be in writing.  The appeal shall be in writing and filed with the municipal 
recorder or clerk within fifteen (15) days after the civil penalty and/or damage assessment 
is served in any manner authorized by law. 
(2) Public hearing.  Upon receipt of an appeal, the City’s governing body, or other appeals 
board established by the City’s governing body shall hold a public hearing within thirty 
(30) days.  Ten (10) days prior notice of the time, date, and location of said hearing shall 
be published in a daily newspaper of general circulation.  Ten (10) days’ notice by 
registered mail shall also be provided to the aggrieved party, such notice to be sent to the 
address provided by the aggrieved party at the time of appeal.  The decision of the 
governing body of the City shall be final. 
(3) A
ppealing decisions of the City’s governing body.  Any alleged violator may appeal a 
decision of the City’s governing body pursuant to the provisions of Tennessee Code 
Annotated, title 27, chapter 8. 
14-511.  Effective Date.  General.  The provisions of this ordinance shall become effective 
on the date spelled out in the Ordinance for approval by the City Council of Athens, Tennessee. 
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 
O
F ATHENS, TENNESSEE: 
SECTION 2.  That all Ordinances or parts of ordinances in conflict with this ordinance are 
hereby repealed to the extent necessary to implement this ordinance. 
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