[Ord. No. 191 §711, 12-2-1986]
A.
In
case any building or structure is erected, constructed, reconstructed,
altered, repaired, converted or maintained, or any building, structure
or land is used in violation of said Sections of these regulations,
or any ordinance or other regulations made under authority conferred
hereby, the proper local authorities of the City may, in addition
to other remedies, institute any appropriate action or proceedings
to prevent such unlawful erection, construction, reconstruction, alterations,
repairs, conversion, maintenance or use, to restrain, correct or abate
such violation to prevent the occupation of said building, structure
or land, or to prevent illegal act, conduct, business or use in or
about such premises.
B.
The
owner or general agent of a building or premises where a violation
of any provision of these 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 the
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 such violation
shall exist shall on conviction thereof be punishable by a fine of
not less than ten dollars ($10.00) and not more than two hundred fifty
dollars ($250.00) for each and every day that such violation shall
continue or by imprisonment for ten (10) days for each and every day
such violation shall continue or by both such fine and imprisonment
in the discretion of the court.
C.
Any
such person who having been served with an order to remove any such
violation shall fail to comply with said order within ten (10) days
after such service or shall continue to violate any provision of these
regulations, made under the authority granted by Sections 89.010 to
89.140, RSMo., shall also be subject to a civil penalty of two hundred
fifty dollars ($250.00).
[Ord. No. 191 §712, 12-2-1986]
Nothing contained herein shall be construed as authorizing the
legislative body to discriminate against any person by reason of race
or color.
[Ord. No. 191 §713, 12-2-1986]
Any taxpayer or any other person having an interest in property
affected by this Chapter may have the reasonableness of this Chapter
or regulation determined by bringing an action, in the Circuit Court
of Webster County, against the City.
[Ord. No. 191 §714, 12-2-1986]
Should any Section, Subsection, sentence, clause or provision
of this Chapter be determined to be unconstitutional or invalid by
a court of competent jurisdiction, the same shall not affect the validity
of this Chapter as a whole or any part thereof other than the part
so determined to be unconstitutional or invalid. The Board of Aldermen
of the City hereby declares that it would have passed this Chapter
and each Section, Subsection, sentence, clause or provision thereof,
irrespective of the fact any one (1) or more Sections, Subsections,
sentences, clauses or provisions be declared invalid.
