[Ord. No. 07.23 §§1 —
6, 5-17-2007]
A.
Legislative Findings And Statement Of Purpose.
1.
The Board of Aldermen, do hereby find that there is a need for an
alternative method of enforcement of the City of Osage Beach Municipal
Code as it relates to public health, safety and welfare, land use,
building codes, business licenses and occupations, and utilities.
The Board of Aldermen further finds that an appropriate method of
enforcement is the imposition of administrative penalties by compliance
officers and building inspectors.
2.
The procedures established in this Section shall be in addition to
criminal, civil and other legal remedies established by law for violation
of the City of Osage Beach Municipal Code or permit and entitlement
conditions. Issuance of a citation pursuant to the Section shall not
preclude enforcement by a separate criminal or civil action.
3.
The Board of Aldermen hereby finds and determines that enforcement
of the City of Osage Beach Municipal Code, as well as other ordinances
adopted by the City, and all licenses and permits issued by the City
including the terms of said licenses and permits which are made pursuant
to the Police power of the City of Osage Beach is a matter of public
health, safety and welfare and serves important public issues. The
City of Osage Beach adopts this Administrative Penalties Program in
order to achieve the following goals:
a.
To protect the public health, safety and welfare of the citizens
of the City.
b.
To gain compliance with the City of Osage Beach Municipal Code, ordinances,
agreements, regulations, licenses and permits which have been issued
pursuant to the Police powers of the City of Osage Beach.
c.
To provide a method to hold parties responsible when they fail or
refuse to comply with the provisions of the City of Osage Beach Municipal
Code, ordinances, agreements, licenses or permits enacted or approved
pursuant to the Police power of the City of Osage Beach.
d.
To avoid or minimize expense and delay of enforcement in the civil
or criminal justice system.
B.
ENFORCEMENT OFFICER
RESPONSIBLE PERSON
Definitions. As used in this Section, unless the context
otherwise indicates, the following terms mean:
Any officer or employee of the City with authority to enforce
the City of Osage Beach Municipal Code including, but not limited
to, compliance officers and building inspectors.
Any individual who is the owner or occupant of real property,
the holder or the agent of the holder of any permit, entitlement or
license issued by the City of Osage Beach or a party or agent of a
party to any agreement between the City of Osage Beach and that individual,
the owner or authorized agent of any business, company or entity subject
to this Code; who violates any ordinance, regulation, permit, entitlement,
review or agreement.
C.
Issuance Of Administrative Citation.
1.
Any person who violates any provision of the City of Osage Beach
Municipal Code or regulation of the City, any condition of approval
of a permit or entitlement, any condition of an environmental review
or any term or condition of any agreement or license with the City
may be issued an administrative citation by an Enforcement Officer
as provided in this Section. A violation of the City of Osage Beach
Municipal Code includes, but is not limited to, all violations of
that Code as well as all ordinances whether codified or not. A violation
of a condition of approval of a permit or entitlement includes, but
is not limited to, a conditional use permit, temporary use permit,
development review, signed permit, variance, specific plan, parcel
map, subdivision map, building or grading permit, and any and all
other permits which have been authorized or issued by the City of
Osage Beach.
2.
A violation of a term or condition of any agreement with the City
made pursuant to powers authorized by law includes, but is not limited
to, any development agreement, owner participation agreement, disposition
and development agreement, road maintenance agreement, easement, license,
or other real property use agreement or any agreement made with the
City to implement any ordinance, plan, permit, entitlement or review
approved by the City
3.
Each and every day a violation exists constitutes a separate and
distinct offense and a separate citation may be issued for each day
a violation occurs.
4.
A civil fine shall be assessed by means of an administrative citation
issued by the Enforcement Officer and shall be payable directly to
the City of Osage Beach. Fines shall be assessed in accordance with
the following schedule:
a.
A fine of one hundred dollars ($100.00) for a first (1st) violation;
b.
A fine of two hundred dollars ($200.00) for a second (2nd) violation
of the same ordinance, term or condition within one (1) year of the
date of the first (1st) violation;
c.
A fine of five hundred dollars ($500.00) for the third (3rd) and
each subsequent violation of the same ordinance, term or condition
within one (1) year of the date of the first (1st) violation.
D.
Service Procedures. An administrative citation may be served
upon any responsible person by an Enforcement Officer in the following
manner:
1.
Personal service. In any case where an administrative
citation is issued, the Enforcement Officer shall attempt to locate
and personally serve the responsible person.
2.
Service of citation by mail. If the Enforcement
Officer is unable to locate a responsible person, the administrative
citation shall be mailed to the responsible person by certified mail,
postage prepaid with a requested return receipt. Simultaneously, the
citation shall be sent by first class mail. If the citation is sent
by certified mail and returned unsigned, then service shall be deemed
effective pursuant to first class mail, provided the citation sent
by first class mail is not returned.
3.
Service by citation by posting notice. If the Enforcement
Officer does not succeed in personally serving a responsible person,
or by certified mail or regular mail, the Enforcement Officer shall
post the administrative citation on any real property with the City
in which the City has knowledge that the responsible person has a
legal interest, and such posting shall be deemed effective service.
E.
Contents Of Citation. Each administrative citation shall
contain the following information:
1.
The date of issuance of the citation and the date, approximate time,
and address or definite description of the location where the violation(s)
was observed, where applicable;
2.
The Code Sections or conditions violation and a description of the
violation(s);
3.
An order to the responsible person to correct the violations by a
specified correction date, if applicable, and an explanation of the
consequences of failure to correct the violation(s);
4.
The amount of the fine for each violation;
5.
An explanation of how the fine shall be paid and the date by which
it shall be paid;
6.
Identification of the next court date for the Municipal Court of
the City of Osage Beach within which the citation may be contested;
7.
The name and signature of the Enforcement Officer.
F.
Filing Of A Citation With Municipal Court.
1.
All citations issued pursuant to this Section shall constitute violations to this Code and should be tried before the Municipal Court for the City of Osage Beach who should have original jurisdiction to hear and determine all such violations pursuant to Chapter 130.
2.
The provisions of this Section shall be applicable to Chapters 205, 210, 215, 217, 220, 235, 240, 330, 350, 360, 400, 405, 410, 415, 500, 505, 510, 515, 600, 605, 610 and 615, and all of Title VII. The penalties provided for herein shall be in lieu of any other penalties provided for in the Chapters herein above described and to the extent that any of the penalties provided for in this Chapter conflict with the penalties provided in the aforementioned Chapters penalties shall supersede the penalties previously enacted.
