[Ord. No. 2006.19 §1, 6-12-2006]
A. Any
of the following shall be a violation of this Chapter and shall be
subject to the enforcement remedies and penalties provided by this
Article and by other applicable law:
1. Development of use without permit or approval. To
engage in any development, use, construction, remodeling or other
activity of any nature upon the land and improvements thereon subject
to the jurisdiction of the City without all of the required permits,
approvals, certificates and other forms of authorization required
by the zoning regulations in order to conduct or engage in such activity.
2. Development or use inconsistent with permit or approval. To engage in any development, use, construction, remodeling or other
activity of any nature in any way inconsistent with the terms and
conditions of any permit, approval, certificate or other form of authorization
required in order to lawfully engage in such activity.
3. Development or use inconsistent with conditions. To violate, by act or omission, any terms, condition or qualification
placed by the City upon a required permit, certificate, rezoning,
plan approval or other form of authorization granted by the City to
allow the use, development or other activity upon land or improvements
thereon.
4. Development of use inconsistent with the requirements herein. To erect, construct, reconstruct, remodel, alter, maintain any land
in violation or contravention of any zoning, subdivision or general
regulation of the zoning regulations or any amendment thereof.
5. Making lot or yard non-conforming. To reduce or
diminish any lot area so that the yards or open spaces shall be smaller
than prescribed by these requirements or the final plat or plan.
6. Increasing use intensity. To increase the intensity
of use of any land or structure, except in accordance with the procedures
and substantive requirements of the zoning regulations.
7. Continuing violation. To continue any of the above
violations. Each day of a violation shall be considered a separate
offense.
8. Removing, defacing, obscuring notice. To remove,
deface or obscure any sign required by the zoning regulations or otherwise
interfere with any notice required thereby.
[Ord. No. 2006.19 §1, 6-12-2006; Ord. No. 2007.06 §1, 3-12-2007]
A. The
City shall have the following remedies and enforcement powers:
1. Withhold permits or approvals. The City may deny
or withhold all permits, certificates, plan or plat approvals or other
forms of authorization on any land or structure or improvements thereon
upon which there is an uncorrected violation of a provision of this
Article or of a condition or qualification of a permit, certificate,
approval or other authorization previously granted by the City. The
City may, instead of withholding or denying an authorization, grant
such authorization subject to the condition that the violation be
corrected. The provisions of this Subsection shall apply regardless
of whether the current owner or applicant is responsible for the violation
in question.
2. Revoke permits. When it shall appear to the Building
Official or other City building official that:
a. There is a departure from the plans, specifications or conditions
as required under the terms of a particular permit, plan or other
approval;
b. That the same was procured by false representation or was issued
by mistake; or
c. That any of the provisions of this Article are being violated.
d. The Building Official may revoke a building permit or certificate of occupancy or initiate the revocation of any other permit or approval under Subsection
(4) of this Section. Written notice of such revocation or initiation shall be mailed by U.S. mail to the owner, his or her agent or contractor or upon any person employed on the building or structure for which such permit was issued or shall be posted in a prominent location and, thereafter, no such construction shall proceed. Upon revocation of a building permit which was issued by mistake, the owner shall meet with the City to determine in what respect a mistake was made. Where plans are in conflict with ordinances, regulations or other City requirements, the plans may be required to be altered to conform to all applicable ordinances, regulations or requirements. When a mistake has been made calculating the fee for a building permit, the proper fee will be charged.
3. Stop work. With or without revoking permits, the
City may stop work on any building or structure on any land on which
it has a good faith belief that there is an uncorrected violation
of a provision of this Article or of a permit or other form of authorization
issued hereunder.
4. Revoke plan or other approvals. Where the violation
of this Article involves a failure to comply with approved plans or
conditions to which the approval of such plans was made subject, the
Board of Aldermen shall, upon notice to the applicant and after a
hearing, revoke the plan or other approval or condition its continuance
on strict compliance, the provision of security or such other conditions
as the Board of Aldermen may reasonable impose.
5. Injunctive relief. The City may seek an injunction
or other equitable relief to stop any violation of this Article or
of a permit, certificate or other form of authorization granted under
the zoning regulations.
6. Abatement. The City may seek a court order in the
nature of mandamus, abatement or other action or proceeding to abate
or remove a violation or to otherwise restore the premises in question
to the condition in which they existed prior to the violation.
7. Misdemeanor penalties. The City may seek such criminal
or civil penalties as are provided by Missouri law for violation of
this Article or of any of the zoning regulations. Criminal penalties
shall not exceed five hundred dollars ($500.00) or imprisonment for
not more than six (6) months for each offense or both. For purposes
of these penalties, each day's violation shall constitute a separate
offense.
8. Other remedies. The City shall have such other remedies
as are and as may be, from time to time, provided by Missouri law
for the violation of zoning, subdivision or related provisions. These
remedies shall be cumulative.
9. Enforcement procedures.
a. Notice. In the case of violations not involving
continuing construction or development or any emergency situation,
the City shall give written notice of the nature of the violation
to the owner, occupant or agent of the property at the last known
address.
b. Immediate enforcement. If an authorized building
or public officer makes a reasonable determination that an emergency
situation exists in violation of this Article, the City may immediately
use the enforcement powers and remedies available to it as provided
herein, but not limited to, filing a compliant seeking criminal penalties
in Municipal Court and no other notification procedures will be required
as prerequisites to any such immediate action.