1 Sevier County Construction Board of Appeals

2 SEVIER COUNTY STORM WATER APPEALS BOARD Section 1 Purpose The purpose of this document is in creating the Construction Board of Appeals (shall be referred to as the “Board” hereafter) is to provide an appeal to any person or entity incurring a civil penalty, damage assessment or other matter (e.g. the denial of a permit or variance) from municipality departments (Sevier County Storm Water Management Department, Sevier County Building Inspections Department).

3 Section 2 Board Members (1)The Board shall be composed of five (5) members (“Members”) and two (2) alternates. (2)The five (5) Members, by lot, shall be designated “Member I”, “Member II”, “Member III” and “Member IV”, Member I initially serving five (5) years, Member II initially serving four (4) years, Member III initially serving three (3) years, and Member IV initially serving two (2) years, Member V shall serve one (1) year. Sevier County Construction Board of Appeals

4 Section 2 Board Members – cont. (3) At the termination of the first year, twelve (12) months after this document is adopted, the County officials, shall choose or reappoint Member V who shall serve five (5) years. At the termination of the second year, Member IV shall be replaced or reappointed to serve for five (5) years. At the termination of the third year, Member III shall be replaced or reappointed to serve five (5) years. At the termination of the fourth year, Member II shall be replaced or reappointed to serve five (5) years. At the termination of the fifth year, Member I shall be replaced or reappointed to serve five (5) years. This schedule of appointments and/ or reappointments shall continue annually. Sevier County Construction Board of Appeals

5 Section 2 Board Members – cont. (4) Members can serve an unlimited number of terms. (5) When a Member ceases to serve for any reason, the municipal official(s) appointing him or her shall replace the departed member to serve out the remaining term. (6) The Board shall select a Member to serve as the Chair. The Chair shall preside over meetings and carry out the usual responsibilities of a Chair. Additionally, the Chair shall vote on all matters the same as other Members. (7) The Board shall select a Member to serve as the Vice-Chair. The Vice-Chair shall have the same duties as the Chair in the absence of the Chair and to carry out the other usual responsibilities of a Vice-Chair. Sevier County Construction Board of Appeals

6 Section 2 Board Members – cont. (8) The Board shall select a Member to serve as the Secretary. The Secretary shall keep the records and carry out the usual responsibilities of a secretary. (9) The Board shall elect its officers annually, each officer being able to serve an unlimited number of terms. (10) Alternate members may be called by board chairman to hear appeals during the absence, disqualification or recusal of a member. Alternate members shall possess the qualifications required for board membership and shall be appointed for five years, or until a successor has been appointed. Sevier County Construction Board of Appeals

7 Section 2 Board Members – cont. (11) Three (3) Members shall constitute a quorum. The concurrence of a majority of the Members (if a quorum) voting shall be required for a determination of any matter. When five members are not present to hear an appeal, either the appellant or the appellant’s representative shall have the right to request a postponement for the hearing; this right not being used to unnecessarily cause delay in due process. (12)No Member shall participate in the appeal of any matter in which he or she has a direct personal or financial interest. Any indirect interest shall be announced. (13)The Board shall have the power to issue subpoenas requiring attendance of witnesses and production of such evidence as requested. Sevier County Construction Board of Appeals

8 Section 2 Board Members – cont. (14)The Board shall administer oaths and take testimony as is necessary to fulfill its purpose.

9 Section 3 General Duties The Board shall have the duty and power: (1) To hear appeals and decide appeals of orders, decisions, or determinations made by the building official relative to the application and interpretation of the most current adopted International Building Codes (residential and commercial) or the rules legally adopted thereunder. (2) To hold hearings of appeals of civil penalties, damage assessments, rulings and orders, etc., issued by the Sevier County Storm Water Management Department. The rulings and orders shall include decisions relating to suspension, revocation or modification of permits and also the refusal to issue variances. Sevier County Construction Board of Appeals

10 Sevier County Construction Board of Appeals Section 4 Limitation of Authority (1)An application for appeal shall be based on a claim that the true intent of the most current Sevier County Storm Water Authority Resolution or the rules legally adopted thereunder have been incorrectly interpreted (2) An application for appeal shall be based on a claim that the true intent of the most current adopted International Building Codes (residential and commercial) or the rules legally adopted thereunder have been incorrectly interpreted, the provisions do not fully apply, or an equally good or better form of development or construction is proposed. This board shall have no authority to waive or disregard requirements of any adopted codes. A. Storm Water – TCA B. Building Codes – TCA

11 Section 5 Procedure (1)A person or entity who incurs a civil penalty, damage assessment or other order, decision or determination from a County official shall have the right to appeal. (2) The appellant shall file a written appeal with the respective municipal department within thirty (30) days after the civil penalty, damage assessment or other order or ruling has been issued. An appeal filing deadline is established at a minimum of ten (10) working days prior to the next hearing or stated periodic meeting. This filing deadline will also be used by all County departments as the deadline for notification of board members as well as the necessary public notice deadline. (3) Each County department shall make available the applicable appeal applications to each appellant. Sevier County Construction Board of Appeals

12 Section 5 Procedure – cont. (4) The appellant shall file appropriate appellant documents such as appeal applications accompanied by a checklist (if required by the County department). (5) The appellant shall pay the publication costs to the Authority upon filing an appeal. ($100.00) (6)The County department shall promptly present the appellate documents to the Board. (7)The Board shall schedule a hearing for the appeal within thirty (30) days after receiving the appellant documents from the County official or at the stated periodic meeting. (8)The respective department shall cause notice of the Board hearing of the appeal to be published according to law, the hearing being open to the public. Sevier County Construction Board of Appeals

13 Section 5 Procedure – cont. (9)While an appeal filed in a timely manner cannot be dismissed for the informality of the written appeal documents, the hearing of the appeal may be delayed by the Board only as long as is necessary (not allowing for unnecessary postponements placing undue hardships on County officials and thereby on taxpayers) in order to allow the appellant to provide appropriate documents such as are set out in the appeals application checklist. (10)At the hearing either party may be represented by legal counsel. (11) At the hearing the County department shall first state its position and a recounting of the facts; the appellant shall then state the appellant’s case for appeal. (12) At the hearing the municipal department shall produce witnesses who may be questioned by the appellant; and the appellant shall produce witnesses who may be questioned by representatives of the County. Sevier County Construction Board of Appeals

14 Section 5 Procedure – cont. (13)Rebuttal witnesses may be called by either party. (14) The Chair and other Members shall have the right to question any witnesses. (15) The Chair shall rule on any evidentiary questions although the Board shall not be bound by or limited to rules of evidence applicable to legal proceedings. (16) Upon agreement of the parties, testimony of witnesses may be presented through depositions and written interrogatories. (17) Every person before the rostrum shall abide by the order and direction of the Chair. Conduct that is discourteous or contemptuous shall not be allowed and may result in the dismissal of the appeal. Sevier County Construction Board of Appeals

15 Section 5 Procedure – cont. (18)Every person attending the public hearing shall likewise conduct himself or herself in a civil and respectful manner or be expelled from the hearing. (19) At the conclusion of all evidence in each appeal, the Members may deliberate opening or privately, but the ruling shall be rendered publicly after due deliberation. Only the board chair can call for any extended deliberation. (20) The appellant may obtain a copy of the recording (by whatever means applicable) of the hearing at the appellant’s cost. If, however, the appellant brings a writ of certiorari in Chancery Court to review the Board’s ruling, the respective County department shall cause the recording of the hearing to be prepared and filed in Chancery Court. (21) The office of the pertaining department shall preserve the records of the applicable hearing. Sevier County Construction Board of Appeals

16 Section 6 Review Any decision or ruling made by the Board is reviewable by Writ of Certiorari in the Sevier County, Tennessee, Chancery Court or the applicable adjudicating authority filed on or before thirty (30) days after the decision or ruling is issued. Sevier County Construction Board of Appeals

17 Storm Water Management Responsibilities 1.Make appeals applications and checklists available – sec 5 (3-4) 2.Forward documents to the Board – sec 5 (6) 3.Handle fees – sec 5 (5) 4.File and track public notices – sec 5 (8) 5.Present gov’t case – sec 5 (10) 6.Forward transcripts to courts as necessary – sec 5 (20) Sevier County Construction Board of Appeals

18 Appellant Responsibilities 1.File appeal within 30 days – sec 5 (2,6) 2.Pay publications fees – sec 5 (5) 3.Supply appeals materials – sec 5 (4) 4.Provide your own counsel – sec 5 (10) 5.Testimonies/ cross examination – sec 5 (11-17) Sevier County Construction Board of Appeals

19 Board Responsibilities 1.Administer oaths – sec 2 (14) 2.Hear presentation of facts – sec 5 (10-14) 3.Question witnesses when necessary – sec 5 (14) 4.Accept and examine evidence – sec 4 (15) 5.Issue subpoenas when necessary – sec 2 (13) 6.Maintain order and meeting process – sec 5 (18-19) 7.Deliberate and issue rulings – sec 5 (19) Sevier County Construction Board of Appeals

Civil penalty for violation of ordinance. (a) A municipality may establish by ordinance or resolution that any person who violates the provisions of any ordinance or resolution regulating storm water discharges or facilities shall be subject to a civil penalty of not less than fifty dollars ($50.00) or more than five thousand dollars ($5,000) per day for each day of violations. Each day of violation may constitute a separate violation. A municipality shall give the violator reasonable notice of the assessment of any penalty. A municipality may also recover all damages proximately caused to the municipality by such violations. (b) 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 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. (c) The municipality may also assess damages proximately caused by the violator to the municipality which may include any reasonable expenses incurred in investigating and enforcing violations of this part, or any other actual damages caused by the violation. (d) The municipality shall establish a procedure for a review of the civil penalty or damage assessment by either the governing body of the municipality or by a board established to hear appeals by any person incurring a damage assessment or a civil penalty. If a petition for review of such damage assessment or civil penalty is not filed within thirty (30) days after the damage assessment or civil penalty is served in any manner authorized by law, the violator shall be deemed to have consented to the damage assessment or civil penalty and it shall become final. The alleged violator may appeal a decision of the governing body or board pursuant to the provisions of title 27, chapter 8. (e) Whenever any damage assessment or civil penalty has become final because of a person's failure to appeal the municipality's damage assessment or civil penalty, the municipality 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. [Acts 1993, ch. 257, § 6.]

Penalties for violations. (a)Any person who violates a provision of this chapter or fails to comply with this chapter, or with any of the requirements of this chapter, or who erects, constructs, alters, or has erected, constructed, or altered a building or structure in violation of this chapter, commits a Class B misdemeanor. (b)The owner of a building, structure or premises where any willful violation if this chapter has been constructed or exists, and any architect, builder, contractor, person or corporation who has constructed or designed, or assisted in the construction or design of the building, structure, or premises each have committed a separate offense and, upon conviction of the offense, shall be fined as provided in subsection (a). The owner of a building, structure, or premises where anything in willful violation of this chapterothre than as referred to in this subsection (b) is placed or exists, and any agent, person or corporation employed in connection wiot the violation and who assisted in the commission of such violation each have committed a separate offense and, upon conviction of the offense, shall be fined as provided in subsection (a). Acts 1947, ch.211, § 29; C. Supp. 1950, § ; T.C.A. (orig. ed), § ; Acts 1991, ch. 464, § 2; T.C.A., §