[R.O. 2009 §1-1; Code 1969 §1-1]
The ordinances embraced in this and the following Chapters and
Sections shall constitute and be designated as the "Brentwood City
Code".
[R.O. 2009 §1-2; Code 1969 §1-2]
In the construction of this Code and of all other ordinances
of the City, the following definitions and rules of construction shall
be observed, unless it shall be otherwise expressly provided in any
Section or ordinance, or unless inconsistent with the manifest intent
of the Board of Aldermen, or unless the context clearly requires otherwise:
The words "Board of Aldermen" or "the Board" shall mean the Board of Aldermen of Brentwood.
Includes certified mail carried by the United States Postal
Service or any parcel or letter carried by an overnight, express or
ground delivery service that allows a sender or recipient to electronically
track its location and provides a record of the signature of the recipient.
The words "the City" or "this City" shall mean the City of Brentwood, Missouri.
The Brentwood City Code as designated in Section 100.010.
The time within which an act is to be done shall be computed
by excluding the first (1st) and including the last day and if the
last day is Sunday or a legal holiday, it shall be excluded.[2]
The words "the County" or "County" shall mean the County of St. Louis, State of Missouri.
When any subject matter, party or person is described or
referred to by words importing the masculine, females as well as males
and associations and bodies corporate as well as individuals shall
be deemed to be included.[3]
Wherever in this Code or other ordinances it is provided
as a part of punishment that one may be imprisoned, this shall be
construed to mean "imprisonment in the City Jail or in the jail of
St. Louis County".
Words importing joint authority to three (3) or more persons
shall be construed as authority to a majority of the persons, unless
otherwise declared in the law giving the authority.
The word "may" shall be construed as being
permissive.
The words "may not" state a prohibition.
Shall be construed to mean and to stand in lieu of the words
"a violation of ordinance".
A calendar month.[4]
When any subject matter, party or person is described or
referred to by words importing the singular number or the masculine
gender, several matters and persons, and females as well as males,
and bodies corporate as well as individuals, are included.
Includes any affirmation in all cases in which, by law, an
affirmation may be substituted for an oath and in such cases the words
"swear" and "sworn" shall be equivalent to the words "affirm" and
"affirmed".
The word "owner", applied to a building
or land, shall include any part owner, joint owner, tenant in common,
joint tenant or tenant by the entirety of the whole or a part of such
building or land.
The word "person" may extend and be applied
to bodies politic and corporate, and to partnerships and other unincorporated
associations.
Includes money, goods, chattels, things in action and evidences
of debt.
The place where the family of any person permanently resides
in this State, and the place where any person having no family generally
lodges.
When used by way of reference to any Section of the Statutes,
mean the Section next preceding or next following that in which the
reference is made, unless some other Section is expressly designated
in the reference.
Includes real and personal property.
Includes any street, alley, boulevard, parkway, highway,
sidewalk or other public thoroughfare.
The terms "real property", "premises", "real estate" or "lands"
is coextensive with lands, tenements and hereditaments.
The latest edition of the Revised Statutes of Missouri, as
amended.
Shall be construed as being mandatory.
That portion of the street between the curb line and the
adjacent property line which is intended for the use of pedestrians.
Where the written signature of any person is required, the
proper handwriting of such person or his/her mark shall be intended.
The words "the State" and "this
State" shall mean the State of Missouri.
Includes any public way, highway, street, avenue, boulevard,
parkway, alley or other public thoroughfare and each of such words
shall include all of them.
The words "tenant" and "occupant", applied to a building or land, shall include any
person who occupies the whole or a part of such building or land,
whether alone or with others.
Words used in the past tense or present tense include the
future tense.
Includes printing, lithographing, or other mode of representing
words and letters, but in all cases where the signature of any person
is required, the proper handwriting of the person, or his/her mark,
is intended.
A calendar year, unless otherwise expressed and the word
"year" shall be equivalent to the words "year of our Lord".
[R.O. 2009 §1-3; Code 1969 §§1-3, 1-7]
The catchlines of the several Sections of this Code printed
in boldface type are intended as mere catchwords to indicate the contents
of the Section and shall not be deemed or taken to be titles of such
Sections, nor as any part of the Section, nor, unless expressly so
provided, shall they be so deemed when any of such Sections, including
the catchlines, are amended or re-enacted.
[R.O. 2009 §1-4; Code 1969 §1-3]
The provisions appearing in this Code, so far as they are the
same as those of ordinances existing at the time of the adoption of
"The Code of the City of Brentwood, Missouri", shall be considered
as a continuation thereof and not as new enactments.
[R.O. 2009 §1-6; Code 1969 §1-5]
Whenever any ordinance or part of any ordinance shall be repealed
or modified, either expressly or by implication, by a subsequent ordinance,
the ordinance or part of an ordinance thus repealed or modified shall
continue in force until the ordinance repealing or modifying the same
shall go into effect unless therein otherwise expressly provided;
but no suit, prosecution, proceeding, right, fine or penalty instituted,
created, given, secured or accrued under any ordinance previous to
its repeal shall in any way be affected, released or discharged but
may be prosecuted, enjoyed and recovered as fully as if such ordinance
or provisions had continued in force, unless it shall be therein otherwise
expressly provided.
[R.O. 2009 §1-7; Code 1969 §1-6]
When an ordinance repealing a former ordinance, clause or provision
shall itself be repealed, such repeal shall not be construed to revive
such former ordinance, clause or provision unless it be expressly
so provided and such former ordinance, clause or provision is set
forth at length.
[R.O. 2009 §1-8; Code 1969 §1-4]
It is the intention of the Board of Aldermen that the Sections,
paragraphs, sentences, clauses and phrases of this Code are severable
and if any phrase, clause, sentence, paragraph or Section of this
Code shall be declared unconstitutional or otherwise invalid by the
valid judgment or decree of any court of competent jurisdiction, such
unconstitutionality or invalidity shall not affect any of the remaining
phrases, clauses, sentences, paragraphs and Sections of this Code
since the same would have been enacted by the Board of Aldermen without
the incorporation in this Code of any such unconstitutional or invalid
phrase, clause, sentence, paragraph or Section.
A.Â
Whenever
in this Code or any other ordinance of the City, or in any rule, regulation,
notice or order promulgated by any officer or agency of the City under
authority duly vested in him/her or it, any act is prohibited or is
declared to be unlawful or an offense, misdemeanor or ordinance violation
or the doing of any act is required or the failure to do any act is
declared to be unlawful or an offense, misdemeanor or ordinance violation,
and no specific penalty is provided for the violation thereof, upon
conviction of a violation of any such provision of this Code or of
any such ordinance, rule, regulation, notice or order, the violator
shall be punished by a fine not exceeding one thousand dollars ($1,000.00)
or by imprisonment in the City or County Jail not exceeding three
(3) months, or by both such fine and imprisonment; provided, that
in any case wherein the penalty for an offense is fixed by a Statute
of the State, the statutory penalty, and no other, shall be imposed
for such offense, except that imprisonments may be in the City prison
or workhouse instead of the County Jail.
B.Â
Whenever
any provision of the Revised Statutes of Missouri or other Statute
of the State limits the authority of the City to punish the violation
of any particular provision of these ordinances or rules, regulations
or orders promulgated pursuant thereto to a fine of less amount than
that provided in this Section or imprisonment for a shorter term than
that provided in this Section, the violation of such particular provision
of these ordinances or rules, regulations or orders shall be punished
by the imposition of not more than the maximum fine or imprisonment
so authorized, or by both such fine and imprisonment.
C.Â
Whenever
any provision of the Revised Statutes of Missouri or other Statute
of the State establishes a penalty differing from that provided by
this Section for an offense similar to any offense established by
these ordinances, rules, regulations or other orders of the City,
the violation of such City law, ordinance, rule, regulation or order
shall be punished by the fine or imprisonment established for such
similar offense by such State law.
D.Â
Every
day any violation of this Code or any other ordinance or any such
rule, regulation, notice or order shall continue shall constitute
a separate offense.
E.Â
Whenever
any act is prohibited by this Code, by an amendment thereof, or by
any rule or regulation adopted thereunder, such prohibition shall
extend to and include the causing, securing, aiding or abetting of
another person to do said act. Whenever any act is prohibited by this
Code, an attempt to do the act is likewise prohibited.
[Ord. No. 4914, 2-3-2020]
In addition to any other penalties established for violations
of any of the ordinances of the City and/or any provisions or Sections
of this Code, the City Administrator and/or officials of the City
responsible for enforcement of any such ordinance or Code Section
may apply to a court of competent jurisdiction for such legal or equitable
relief as may be necessary to enforce compliance with the provisions
of this Code and any other ordinances adopted by the City. In such
action the court may grant such legal or equitable relief, including,
but not limited to, mandatory or prohibitory injunctive relief, as
the facts may warrant.
[Ord. No. 4914, 2-3-2020]
A.Â
APPLICANT
RELATED PERSON OR ENTITY
1.Â
2.Â
3.Â
RELEVANT LAW
1.Â
2.Â
3.Â
For
the purposes of this Section, the following terms shall have the following
meanings:
An individual or a corporation, firm, partnership, joint
venture, association, organization or entity of any kind, including
any shareholder, owner, officer, partner, joint venturer or member
of such entity or any other person holding an ownership interest in
such entity, requesting any City permit, license, franchise or other
approval.
A firm, partnership, joint venture, association, organization
or entity of any kind in which the applicant holds any stock, title,
or other ownership interest of at least twenty percent (20%);
A firm, partnership, joint venture, association, organization
or entity of any kind which holds any stock, title, or other ownership
interest in the applicant of at least twenty percent (20%); or
An individual, firm, partnership, joint venture, association,
organization or entity of any kind, whose affairs the applicant has
the legal or practical ability to direct, either directly or indirectly,
whether by contractual agreement, majority ownership interest, any
lessor ownership interest, familial relationship or in any other manner.
Any statute or regulation of the United States or the State
of Missouri;
Any ordinance or Code Section of the City, or any rule, regulation,
notice, condition, term or order promulgated by any officer or agency
of the City under duly vested authority of the City; or
Any final judgment or order of any court of competent jurisdiction,
when a statute, ordinance, Code Section, rule, regulation, notice,
condition, term, order or judgment at issue regulates conduct or conditions
germane to the issuance of the requested permit, license, franchise
or other approval as provided by the applicable ordinance or Code
Section of the City.
B.Â
In
enforcing or administering the ordinances of the City, no permit,
license, franchise or approval of any kind shall be granted to any
applicant if the applicant or a related person or entity is charged
with or in violation of any relevant law until such time as the applicant
or the related person or entity resolves the pending charge or comes
into compliance with the relevant law.
C.Â
In
acting on any new application or on any reapplication by an applicant
whose prior permit, license, franchise or other approval has been
denied, suspended, revoked or forfeited, the reviewing or enforcement
officer may consider past violations of relevant law by the applicant
or a related person or entity in considering whether to issue the
permit, license, franchise or approval requested by the applicant.
Taking into account the nature and character of the permit, license,
franchise or other requested approval in question and the need for
the City to rely on representations and/or future conduct by the applicant
when acting pursuant to the permit, license, franchise or other requested
approval by the City, the reviewing or enforcement officer may deny
the application or reapplication if the past violations of relevant
law are reasonably recent in time and of such character or magnitude
as to reasonably call into question the fitness of the applicant or
the City's ability to rely on representations and/or future conduct
by the applicant.
D.Â
If
a permit, license, franchise or other approval has been denied, suspended,
revoked or forfeited, the applicant may not submit a new application
for one (1) year from the date of the denial, suspension, revocation
or forfeiture unless the reviewing or enforcement officer finds that
substantial new facts or a change in circumstances warrant reconsideration;
provided, however, that if the ordinances governing the particular
permit, license, franchise or other approval in question prescribe
a different disqualification period, those ordinances shall govern.
E.Â
Any
aggrieved applicant may appeal the decision of the reviewing or enforcement
officer to the City Administrator within five (5) business days of
said decision. The City Administrator may reverse or modify the decision
of the reviewing or enforcement officer, provided the applicant:
1.Â
Establishes an inability to effect compliance with any relevant law
because of the ownership structure of any pertinent related entity,
if the denial in question was due to conduct or circumstances of a
related person or entity; or
2.Â
Establishes that the applicant has not been charged with, or is or,
if applicable, was not in violation of any relevant law.
[Ord. No. 4914, 2-3-2020]
A.Â
APPLICANT
COSTS
OVERHEAD
Definitions.
For purposes of this Section the following terms shall have the meanings
given in the following definitions.
Any person or entity who: (a) applies for any license, permit,
regulatory approval or other authorization required by the ordinances
of the City of Brentwood; or (b) applies for, seeks or proposes any
economic development or redevelopment incentive, public-private partnership,
or other grant or benefit of any sort related to a proposed development
within the City; or (c) applies for or proposes adoption of any new
ordinance or amendment to any existing ordinance for the purpose of
enabling a course of conduct desired by the applicant.
All charges incurred or likely to be incurred by the City
for services rendered by any person or organization other than a City
employee in order to assist the City in acting upon any request of
an applicant. Such services may, include, but are not limited to,
accounting, architectural, communications services, design, engineering,
environmental, financial, landscaping, land use, legal, parking, planning,
public engagement, public finance, technical code assessment, inspection
or enforcement, traffic, zoning and any other field of expertise,
professional judgment or specialized knowledge which the City, in
its sole judgment, seeks in order to assist in considering the request
of an applicant.
Employee time, resources and expenses for things such as,
but not limited to, facilities and/or equipment rental, stenography,
mailing, security, publication, expended or incurred by the City in
the course of acting on the request of an applicant.
B.Â
It
is the policy of the City of Brentwood that an applicant should bear
and reimburse to the City in a timely manner any and all costs and
overhead incurred by the City to assess, process, evaluate, act upon,
effectuate and, if necessary, litigate issues associated with the
request of an applicant.
C.Â
If
the City Administrator determines that any fee, charge or payment
previously established by law for submitting or processing an application
is insufficient to adequately reimburse the City for overhead and
costs associated with the request of an applicant, or if there is
no pre-established fee applicable to the request, the City Administrator
may determine, and from time to time increase or decrease as circumstances
may warrant, the amount and terms of an escrow fund to be deposited
with the City by the applicant to fully reimburse the City for costs
and overhead incurred or likely to be incurred in considering the
request of an applicant.
D.Â
The
City Administrator shall notify the applicant, in writing, of the
amount and terms of the required escrow fund or of any change in the
required amount of a previously established fund. The applicant shall
have ten (10) days to make the required deposit and fund the escrow
as directed by the City Administrator.
E.Â
The
escrow arrangements shall include a process for periodic reimbursement
to the City for costs and overhead, notice of proposed reimbursement
and opportunity for the applicant to dispute the amount of reimbursement,
and closure of the fund and return of unused funds to the applicant.
F.Â
If
an applicant is aggrieved by a determination of the City Administrator
as to initial establishment or terms of an escrow fund or one (1)
or more proposed expenditures from an established fund the applicant
may appeal to the Board of Aldermen to review the City Administrator's
decision. Any such appeal must be filed with the City Clerk, in writing,
within ten (10) days of the City Administrator's decision and shall
set forth all reasons known to the applicant as to wherein and why
the decision of the City Administrator is in error. The Board of Aldermen
may consider the appeal in such manner as it deems appropriate and
may affirm, modify or reverse the decision appealed from. If an applicant
is aggrieved by a decision of the Board of Aldermen, the applicant
must submit a written request for reconsideration to the City Clerk
within five (5) days of the date of the Board's decision. An applicant
aggrieved by a decision of the Board of Aldermen on reconsideration
may seek review of that decision in the Circuit Court of St. Louis
County within fifteen (15) days of the Board's decision pursuant to
the provisions of Chapter 536, RSMo.
G.Â
If
an applicant fails to comply with the determination of the City Administrator
as to the establishment of an escrow fund or subsequent additions
thereto in a timely manner, or if an applicant appeals the City Administrator's
decision as to the establishment or additional deposits to the Board
of Aldermen, the City may suspend processing and consideration of
the applicant's request until the applicant complies and/or the appeal
is resolved. If there is a deadline for processing the applicant's
request or application pursuant to the City's ordinances (such as,
for instance, the time limit for the Planning and Zoning Commission
action on conditional use permit applications pursuant to Section
400.660(6) of this Code of Ordinances) any such the time limit or
deadline shall automatically be extended for so long as the applicant
is not in compliance or an appeal is pending.
[Ord. No. 5077, 2-21-2023]
A.Â
Policy. In order to protect the public interest, it is the policy
of the City to conduct business only with responsible persons. Debarment
and suspension are discretionary actions that, taken in accordance
with this Section, are appropriate means to implement this policy.
Debarment and suspension are serious actions which shall be used only
in the public interest and for the City's protection and not
for purposes of punishment.
B.Â
AFFILIATE
DEBARMENT
PARTICIPANT
PERSON
PRINCIPAL
PROPOSAL
SUSPENSION
TRANSACTION
VOLUNTARY EXCLUSION or VOLUNTARILY EXCLUDED
Definitions. For the purposes of this Section, unless the context
requires otherwise, the following terms shall mean:
Persons related to one another in such a manner that directly
or indirectly, either one controls or has the power to control the
other, or, a third person controls or has the power to control both.
Indicia of control include, but are not limited to: interlocking management
or ownership, identity of interests among family members, shared facilities
and equipment, common use of employees, or a business entity organized
following the suspension, debarment or voluntary exclusion of a person
which has the same or similar management, ownership, or principal
employees as the suspended, debarred, or voluntarily excluded person.
An action taken by the City in accordance with these regulations
to exclude a person from participating in transactions with the City.
A person so excluded is "debarred."
Any person who submits a proposal or bid for, or enters into,
or reasonably may be expected to enter into, a transaction with the
City. This term also includes any person who acts on behalf of or
is authorized to commit a participant in a transaction as an agent
or representative of another participant.
Any individual, corporation, partnership, association, unit
of government or legal entity, however organized.
An officer, director, owner, partner, key employee, or other
person within a participant with primary management or supervisory
responsibilities; or a person who has a critical influence or substantive
control over a covered transaction, whether or not employed by the
participant.
A solicited or unsolicited bid, application, request, offer,
invitation to consider or similar communication by or on behalf of
a person seeking to participate or to receive a benefit, directly
or indirectly, in or under a transaction.
An action taken in accordance with this Section that immediately
excludes a person from participating in covered transactions for a
temporary period, pending completion of an investigation and such
legal or debarment proceedings as may ensue. A person so excluded
is "suspended."
Any transaction between the City and a person for procurement
of goods and/or services, or public works contracts and any contract
for goods or services between a participant and a person, whose goods
or services are to be employed in a transaction with the City.
A status of nonparticipation or limited participation in
covered transactions assumed by a person pursuant to the terms of
a settlement.
C.Â
Grounds for Debarment. A person may be debarred from consideration
for award of contracts for any of the following reasons:
1.Â
Conviction of a criminal offense as an incident to obtaining
or attempting to obtain a public or private contract or subcontract,
or in the performance of such contract or subcontract.
2.Â
Conviction under State or Federal statutes of embezzlement,
theft, forgery, bribery, falsification or destruction of records,
receiving stolen property, or any other offense indicating a lack
of integrity or honesty which currently, seriously and directly affects
responsibility as a City contractor or vendor.
3.Â
Conviction under State or Federal antitrust statutes arising
out of the submission of bids or proposals.
4.Â
Failure without good cause to perform in accordance with contract
specifications or within the time limit provided in the contract.
5.Â
A recent record of failure to perform or of unsatisfactory performance
in accordance with the terms of one (1) or more contracts; provided
that failure to perform or unsatisfactory performance caused by acts
beyond the control of the contractor or vendor shall not be considered
a basis for debarment.
6.Â
The person is in arrears on any debt owed the City or has a
history of being chronically in arrears on debts owed the City or
attempting to obtain excessive or unwarranted payment or preference
from the City.
7.Â
Any other cause so serious and compelling as to affect responsibility
as a City contractor or vendor, including debarment by another governmental
entity.
D.Â
Procedure.
1.Â
Debarment shall be initiated by serving written notice of the
debarment to the person intended to be debarred. The notice shall
set forth the specific grounds for the debarment and advise the person
of the right to appeal. The notice shall be served by registered or
certified mail or by delivering a copy of the notice to person subject
to debarment or the person's agent or employee. The debarment
shall take effect ten (10) days after service of the notice unless
an appeal is taken to the City Administrator. If an appeal is taken,
the debarment shall not take effect until a final order upholding
the debarment is entered by the City Administrator or until the appeal
is dismissed by the appellant.
2.Â
Within ten (10) days after service of a written notice of debarment,
the person affected by the notice may file a written request for a
hearing before the City Administrator contesting the debarment.
3.Â
The City Administrator shall give the appellant at least ten
(10) day notice of a hearing. At the hearing, the City and the appellant
shall have the right to call and examine witnesses, introduce exhibits,
cross-examine opposing witnesses and impeach any witness. Oral evidence
shall be taken on oath or affirmation. All evidence shall be suitably
recorded and preserved. The technical rules of evidence shall not
apply, but the City Administrator may exclude evidence which is irrelevant
or repetitious. The City and appellant shall be entitled to present
oral arguments or written briefs at or after the hearing.
4.Â
The City Administrator shall make written findings of fact and
conclusions of law and issue a final order. Findings of fact shall
be based upon competent and substantial evidence found in the record
as a whole. A copy of the City Administrator's order, findings
of fact and conclusions of law, shall be delivered or mailed to the
appellant.
5.Â
An appellant aggrieved by the decision of the City Administrator
may, within five (5) days of the decision for which redress is sought,
file with the Board of Aldermen a written request for reconsideration
and appeal of any decisions of the City Administrator under this Section.
The written request must set forth in a concise manner the decision
being appealed and all grounds known to the appellant as to wherein
and why the decision is allegedly in error. The request for reconsideration
and appeal must be filed with the City Clerk within five (5) days
of the date of the City Administrator's decision. A copy of the
request and any supporting documents or materials filed by the appellant
must be served by the appellant party on the City Administrator within
three (3) days of filing with the City Clerk. The Board of Aldermen
may consider the appeal on the record of the prior decision by the
City Administrator or may, at its sole discretion, receive additional
evidence in such manner as it deems appropriate in light of the circumstances.
6.Â
Any appellant aggrieved by the final determination of the Board
of Aldermen may file a petition for review pursuant to Chapter 536,
RSMo., as amended, in the Circuit Court of St. Louis County. Such
petition shall be filed within ten (10) days after the final determination.
E.Â
Effect of Debarment. Except to the extent prohibited by law, persons
who are debarred or suspended by the City or by the State of Missouri
and their affiliates shall be excluded from transactions with the
City as either participants or principals for the period of their
debarment or suspension. Accordingly, the City shall not enter into
transactions with or involving such debarred or suspended persons
or their affiliates during such period.
F.Â
Length of Debarment. Debarment shall be for a period commensurate
with the seriousness of the cause(s). If a suspension precedes a debarment,
the suspension period shall be considered in determining the debarment
period. Debarment generally should not exceed three years; however,
where circumstances warrant, a longer period of debarment may be imposed.
G.Â
Voluntary Exclusion. The City may, at any time, settle a debarment
or suspension action when it determines that such settlement is in
the best interest of the City. Persons who accept voluntary exclusion
are excluded in accordance with the terms of their settlements.
