[Ord. No. 18-002, 3-13-2018]
A.
In
case any building or structure is erected, constructed, reconstructed,
altered, conveyed or maintained, or any building, structure or land
is used in violation of Sections 89.010 to 89.140, RSMo., or this
Chapter, the Zoning Officer or proper local authorities of the City,
in addition to other remedies, may institute any appropriate action
or proceedings to prevent such unlawful erection, construction, reconstruction,
alteration, conversion, maintenance, or use, to restrain, correct
or abate such violation, to prevent the occupancy of such building,
structure or land, or to prevent any illegal act, conduct, or business,
or use in or about such premises. Such regulations shall be enforced
by an officer empowered to cause any building, structure, place or
premises to be inspected and examined and to order in writing the
remedying of any condition found to exist therein or threat in violation
of any provision of the regulations made pursuant to the authority
of Sections 89.010 to 89.140, RSMo.
B.
The
owner or general agent of a building or premises where a violation
of any provision of said regulations has been committed or shall exist,
or the lessee or tenant of an entire building or entire premises where
such violation has been committed or shall exist, or the owner, general
agent, lessee or tenant of any part of the building or premises in
which such violation has been committed or shall exist, or the general
agent, architect, builder, contractor or any other person who commits,
takes part or assists in any such violation or who maintains any building
or premises in which any violation shall exist shall be guilty of
a misdemeanor punishable by fine of not less than one hundred dollars
($100.00) or more than five hundred dollars ($500.00) or by imprisonment
for not more than one (1) year. Every day such violation shall continue
shall be constitute a new violation.
C.
Any
such person who having been served with a cease and desist notice
to obtain a permit and shall fail to comply with such order within
(10) days after such service shall be guilty of a misdemeanor punishable
by fine of not less than one hundred dollars ($100.00) or more than
five hundred dollars ($500.00) or by imprisonment for not more than
one (1) year.
D.
Any
owner or tenant of real property in the same contiguous zoning district
as a parcel of land in violation, in addition to other remedies, may
institute any appropriate action or proceeding:
1.
To prevent the unlawful construction, reconstruction, alteration,
conversion or use;
2.
To prevent the occupancy of the building structure or land;
3.
To prevent any illegal act, conduct, business or use in or about
the premises; or
4.
To restrain correct or abate the violation.
5.
When any such action is instituted by an owner or tenant, notice
of such action shall be served upon the municipality at the time suit
is begun by serving a copy of the complaint on the Mayor. No such
action may be maintained until such notice has been given.
