[R.O. 2009 §1-17; Ord. No. 1010 §1, 3-27-2001]
In addition to any other remedies or penalties established for
violations of any ordinance or Code Section or any rule, regulation,
notice, condition, term or order promulgated by any officer or agency
of the City under duly vested authority, the City Official responsible
for the enforcement of such ordinance, Code Section, rule, regulation,
notice, condition, term or order may, on behalf of the City and after
approval by the Board of Aldermen, apply to a court of competent jurisdiction
for such legal or equitable relief as may be necessary to enforce
compliance with such ordinance, Code Section, rule, regulation, notice,
condition, term or order. 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. Upon the
successful prosecution of any such action, the City may be awarded
by the court reasonable attorney fees as allowed by law.
[R.O. 2009 §1-18; Ord. No. 1010 §1, 3-27-2001]
A.
For the purposes of this Section,
the following terms shall have the following meanings:
APPLICANT
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.
RELATED PERSON OR ENTITY
1.
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%),
2.
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
3.
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.
RELEVANT LAW
1.
Any Statute or regulation of the United States or the State
of Missouri,
2.
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
3.
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. In
enforcing or administering the ordinances of the City, no permit,
license, franchise or approval of any kind shall be granted to any
applicant:
1. Who is charged with, or in violation of, any relevant law; or
2. Who is related to or associated with a related person or entity who
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. The
reviewing or enforcement officer may consider past violations of relevant
law by an applicant or a related person or entity in considering whether
to issue a permit, license, franchise or approval requested by an
applicant.
D. The
reviewing or enforcement officer may refuse to accept the refiling
of a denied application for one (1) year from the date of the denial
unless the officer finds that the application has been substantially
revised or that substantial new facts or change in circumstances warrant
reapplication.
E. Any
aggrieved applicant may appeal the decision of the reviewing or enforcement
officer to the Board of Aldermen within five (5) business days of
said decision. The Board of Aldermen may reverse or modify the decision
of the reviewing or enforcement officer provided the applicant:
1. Establishes a good faith effort to effect compliance with this Section
and any relevant law or, if applicable, an inability to do so because
of the ownership structure of any pertinent related entity, or
2. Establishes that the applicant has not been charged with, or is not
in violation of, any relevant law.
[R.O. 2009 §1-19]
The "City Jail" shall mean any facility for
which the City has a contract for imprisonment of offenders.