§ 26-157. Penalties and appeals.

(a)

Violations of this article shall be cause for the requirement for corrective action(s), the issuance of a stop work order, withholding of a permit, withholding of permit inspections, withholding of a certificate of occupancy, and/or civil penalties and/or damage assessments as set forth below.

(b)

Any person who violates the provisions of this article shall be subject to a civil penalty of not less than $250.00 or more than $5,000.00 per day for each day of each violation. Each day of violation may constitute a separate violation. The county shall give the alleged violator reasonable notice of the assessment of any civil penalty. The county may also recover all damages proximately caused to the county by such violations.

(c)

In assessing a civil penalty, the following factors may be considered:

(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; and

(7)

Any equities of the situation which outweigh the benefit of imposing any penalty or damage assessment.

(d)

In addition to the civil penalty in subsection (b), the county may also assess damages proximately caused by the violator to the county which may include any reasonable expenses incurred in investigating and enforcing violations of this part, or any other actual damages caused by the violation.

(e)

Notice shall be served upon the alleged violator either by personal service or certified mail. Where such methods are a known, reliable method of communication, notice may be additionally served by fax or regular mail. Upon receipt of notice from the county of the assessment of a civil penalty and/or damages, the alleged violator may request a meeting with the director of engineering and public works. Said request must be made in writing and received by the county within ten business days after the date of the notice. The meeting shall be held within ten business days of the request for the meeting. Within ten business days after the meeting, the county shall issue a second notice to the alleged violator of its decision. If the alleged violator is dissatisfied with the decision of the county, the alleged violator may appeal said civil penalty or damage assessment to the county board of zoning appeals. Said appeal must be received by the board within 30 days after the date of the second notice. The appeal shall be heard by the board at its next regularly scheduled meeting following receipt of the appeal. If a timely appeal of the second notice of damage assessment or civil penalty is not filed with the board, the violator shall be deemed to have consented to the damage assessment or civil penalty and it shall become final. If the alleged violator files a timely appeal with the board and the violator is dissatisfied with the decision of the board, the alleged violator may appeal the decision of the board pursuant to T.C.A. § 27-8-101. Said appeal must be filed within 30 days after the decision of the board.

(f)

Whenever any damage assessment or civil penalty has become final because of a person's failure to appeal the damage assessment or civil penalty, the county may apply to the appropriate chancery court for a judgment and seek execution of such judgment. The court, in such proceedings, shall treat the failure to appeal such damage assessment or civil penalty as a confession of judgment.

(Ord. No. O-07-12-101, § 2(§ 16), 1-28-08)