(A) 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.
(B) Penalties. Under the authority provided in T.C.A. § 68-221-1106, the municipality declares that any person violating the provisions of this chapter may be assessed a civil penalty by the city 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.
(C) Recovery of damages and costs. In addition to the civil penalty in division (B) above, the municipality may recover:
(1) All damages proximately caused by the violator to the municipality, which may include any reasonable expenses incurred in investigating violations of, an enforcing compliance with, this chapter or any other actual damages caused by the violation; and
(2) The costs of the municipality's maintenance of storm water facilities when the user of the facilities fails to maintain them as required by this chapter.
(D) Other remedies. The municipality 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 actions.
(E) 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 or more of the remedies set forth herein has been sought or granted.
(Ord. 1167, passed 4-24-2008)