[Ord. No. 516 §23(23.01), 6-21-2001]
It is the purpose of this Article to provide the procedures
for the Administration of this Chapter, issuance of permits, inspections
of properties, collection of fees and enforcement against violators
of the provisions of this Chapter and amendment thereto.
[Ord. No. 516 §23(23.02), 6-21-2001; Ord. No. 1341 §50, 8-20-2008]
A.
Except
where herein otherwise stated, the provisions of this Chapter shall
be administered by the City Engineer or by his/her designee, the City
Code Enforcement Officer, the Director of Community Development or
such other officer as the Board of Aldermen may designate to enforce
provisions of this Chapter.
B.
The
City Engineer (or his/her authorized representative), the City Code
Enforcement Officer and the Director of Community Development are
hereby empowered in performance of its functions to enter upon any
land in the City for the purpose of making inspections, examinations
and surveys or to place and maintain thereon markers, notices or signs
required to effect provisions of this Chapter. The above-authorized
person shall be required to present proper credentials upon demand
when entering upon any land or structure for the purpose of this Section.
[Ord. No. 516 §23(23.03), 6-21-2001]
A.
The
City Engineer shall have the power to grant certificates of zoning
compliance, building permits and to make inspections of buildings
or premises necessary to carry out his/her duties in the enforcement
of this Chapter.
B.
It
shall be improper for the City Engineer to approve plans or issue
any permits or certificates for any excavation or construction until
he/she has inspected such plans in detail and found them to conform
with this Chapter, nor shall the City Engineer vary or change any
terms of this Chapter.
C.
If
the City Engineer shall find that any of the provisions of this Chapter
are being violated, he/she shall notify in writing the person responsible
for such violations, indicating the nature of the violation and stating
the action necessary to correct it. He/she shall order discontinuance
of illegal use of land, buildings or structures; removal of illegal
buildings, structural changes; discontinuance of any illegal work
being done; or shall take any other action authorized by this Chapter
to insure compliance with or to prevent violation of its provisions.
[Ord. No. 516 §23(23.04), 6-21-2001]
A.
The
City Engineer shall require that all applications for certificates
of zoning compliance shall be accompanied by plans and specifications
including a plot plan for the site in duplicate drawn to scale. The
City Engineer shall retain the original copy for his/her files.
B.
The
certificate of zoning compliance signifies that, in the opinion of
the City Engineer, the existing or intended use, building or structure
complies with all provisions of this Chapter.
C.
It
shall be unlawful to change a type of use of land, to change the type
of use or occupancy of any building or structure or to extend any
use on any lot on which there is a non-conforming use of structure
until a certificate of zoning compliance has been issued. Where a
building permit is required, application for a certificate of zoning
compliance shall accompany or precede the application for a building
permit. (In all other cases in which a building permit is not required,
the application for a certificate of zoning compliance shall be made
prior to the date when a new or enlarged use of a building or lot
or part thereof is intended to begin.)
D.
Applications
for certificates of zoning compliance shall be made to the City Engineer.
[Ord. No. 516 §23(23.05), 6-21-2001]
Any certificate of zoning compliance granted under this Chapter
shall become null and void unless construction and/or use is commenced
within one hundred eighty (180) days and completed within three hundred
sixty-five (365) days of the date of issuance.
[Ord. No. 516 §23(23.06), 6-21-2001; Ord. No. 1053 §12, 9-13-2006; Ord. No. 1067 §1, 9-20-2006; Ord. No. 1341 §51, 8-20-2008]
A.
It
shall be unlawful to commence or to proceed with the erection, construction,
reconstruction, conversion, alteration; enlargement, extension, razing
or moving of any building or structure or any portion thereof without
first having applied in writing to the City Code Official for a building
permit to do so and a building permit has been granted therefor. Primary
responsibility for securing the necessary permits shall be the property
owner's. However, if the property owner should contract part or all
of the proposed work, it shall become the responsibility of the person
or firm hired to ensure that all required permits and approval have
been secured prior to any work being initiated.
B.
Blank
forms for building permit applications shall be provided by the City
at the City Code Enforcement Officer's office for the use of this
applying for permits as provided in this Chapter. Any permits issued
by the City Code Enforcement Officer shall be on standard forms for
such purpose and furnished by the City Code Enforcement Officer. There
shall be a separate permit for each building or structure to be constructed,
altered or erected except for accessory buildings which may be included
in the permit for the principal building when construction is simultaneous.
C.
Any
building permit under which no construction work has been commenced
within six (6) months after the date of issuance of said permit or
under which proposed construction has not been completed within one
(1) year of the time of issuance shall expire by limitation.
[Ord. No. 516 §23(23.07), 6-21-2001; Ord. No. 1341 §52, 8-20-2008]
A.
A permit
may be revoked by the City Code Official at any time prior to the
completion of the building or structure for which the same was issued
when it is apparent that there is a departure from the plans, specifications
or conditions as required under terms of the permit, that the same
was procured by false representation or that any provisions of this
Chapter are being violated.
B.
Written
notice of such revocation shall be served upon the owner, his/her
agent or contractor or upon any person employed to work on the construction
of the building or structure for which such permit was issued via
a stop work order which shall be posted in a prominent location and
thereafter no such construction shall proceed.
[Ord. No. 516 §23(23.08), 6-21-2001; Ord. No. 1053 §13, 9-13-2006; Ord. No. 1341 §53, 8-20-2008]
The Board of Aldermen shall establish a schedule of fees, charges
and expenses and a collection procedure for building permits, certificates
of zoning compliance, appeals and other matters pertaining to this
Chapter. The schedule of fees shall be available in the office of
the City Clerk and may be altered or amended only by the Board of
Aldermen. No permit, certificate, conditional use, approval or variance
shall be issued unless or until such costs, charges, fees or expenses
referenced in this Chapter have been paid in full, nor shall any action
be taken on proceedings before the Board of Aldermen unless or until
fees have been paid in full.
[Ord. No. 1341 §54, 8-20-2008]
A.
In
case any building or structure is erected, constructed, reconstructed,
altered, converted or maintained, or any building, structure or land
is used in violation of Sections 89.010 to 89.140, RSMo., or this
Chapter or other regulation made under authority conferred hereby,
the Board of Aldermen, 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, business or use in or about such premises. Such regulations
shall be enforced by the City Engineer or his designee who is hereby
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 thereat in violation of any provision
of this Chapter or regulations made under 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 such violation shall exist shall be guilty
of a misdemeanor punishable by a fine of not less than ten dollars
($10.00) and not more than one hundred dollars ($100.00) for each
and every day that such violation continues, but if the offense be
willful on conviction thereof, the punishment shall be a fine of not
less than one hundred dollars ($100.00) or more than two hundred fifty
dollars ($250.00) 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 such order within ten (10) days
after such service or shall continue to violate any provision of the
regulations made under authority of Sections 89.010 to 89.140, RSMo.,
in the respect named in such order shall also be subject to a civil
penalty of two hundred fifty dollars ($250.00).
[Ord. No. 516 §23(23.10), 6-21-2001; Ord. No. 1341 §55, 8-20-2008]
Building permits or certificates of zoning compliance issued on the basis of approved plans and applications authorize only the use, arrangement and construction set forth in approved plans and applications and no other use, arrangement or construction. Use, arrangement or construction inconsistent with that authorized shall be deemed a violation of this Chapter and punishable as provided by Section 405.845 herein.
