2025 3 18 Packet 2

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ORDINANCE NO. 1138 
Page 18 of 19 
 
(e) Suspension, revocation or modification of permit.  The City may suspend, revoke or 
modify the permit authorizing the land development project or any other project of 
the applicant or other responsible person within the City.  A suspended, revoked or 
modified permit may be reinstated after the applicant or other responsible person has 
taken the remedial measures set forth in the notice of violation or has otherwise cured 
the violations described therein, provided such permit may be reinstated upon such 
conditions as the City may deem necessary to enable the applicant or other 
responsible person to take the necessary remedial measures to cure such violations. 
(f) Conflicting standards.  Whenever there is a conflict between any standard contained 
in this chapter and in the BMP manual(s) adopted by the City under this ordinance, 
the strictest standard shall prevail. 
14-509. Penalties. 
 Violations.   
Any person who shall commit any act declared unlawful under this chapter, who violates any 
provision of this chapter, who violates the provisions of any permit issued pursuant to this 
chapter, or who fails or refuses to comply with any lawful communication or notice to abate or 
take corrective action by the City, shall be guilty of a civil offense. 
(1) Penalties.  Under the authority provided in Tennessee Code Annotated § 68-221-1106, the 
City declares that 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) and not more than five 
thousand dollars ($5,000.00) per day for each day of violation.  Each day of violation 
shall constitute a separate violation. 
(2) Measuring civil penalties. In assessing a civil penalty, the City shall consider: 
(a) The harm done to the public health or the environment; 
(b) Whether the civil penalty imposed will be a substantial economic deterrent to the 
illegal activity; 
(c) The economic benefit gained by the violator; 
(d) The amount of effort put forth by the violator to remedy this violation; 
(e) Any unusual or extraordinary enforcement costs incurred by the City;  
(f) The amount of penalty established by ordinance or resolution for specific 
categories of violations; and 
(g) Any equities of the situation which outweigh the benefit of imposing any penalty 
or damage assessment. 
(3) Recovery of damages and costs.  In addition to the civil penalty in subsection (2) above, 
the City may recover: 
(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. 
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