(A) 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 Town Engineer, or his or her designee, shall be guilty of a civil offense.
(B) Under the authority provided in Tenn. Code Ann. § 68-221-1106, the Town declares that any person violating the provisions of this chapter may be assessed a civil penalty by the Town Engineer, or his or her designee, of not less than $50 and not more than $5,000 per day for each day of violation. Each day of violation shall constitute a separate violation. In assessing a civil penalty, the Town Engineer, or his or her designee, 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 Town;
(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.
(Ord. 2012-18, passed 11-12-12)