(A) In addition to the civil penalty listed above, the Town may recover all damages proximately caused by the violator to the Town, 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, including the costs of the Town's maintenance of stormwater facilities when the user of the facilities fails to maintain them as required by this chapter.
(B) Where the Town has used progressive enforcement to achieve compliance with this chapter, and in the judgment of the Town progressive enforcement has not been successful, the Town may refer the violation to TDEC.
(C) The Town 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.
(D) 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 or more of the remedies set forth herein has been sought or granted.
(E) The use of other escalated measures provided under Town ordinances, including the use of Town forces to perform work necessary to improve erosion control measures and collect reimbursement and administrative fees from the responsible person in an appropriate manner, such as collecting against the project's bond or directly billing the responsible party to pay for work and materials, is hereby authorized at the discretion of the Town Engineer, or his or her designee.
(Ord. 2012-18, passed 11-12-12)