[1]
Editor's Note: Formerly Article III, containing Sections 500.190 through 500.221, renumbered with the inclusion of Bill No. 20-005, which set out new Articles I through X, effectively restructuring the existing Articles through the end of this Chapter. The numbering of the Sections within this Article did not change, only the Article number changed..
[Ord. No. 361, 1-21-1997; Ord. No. 394 §394.020, 12-2-2003; Ord. No. 412 §1, 7-12-2005; Ord. No. 424, 4-11-2006]
A.
Sewer Impact Fees. Prior to the commencement of any new
construction including any ground disturbance or grading, the following
fees shall be paid to the City:
|
1.
|
Type of establishment
|
Charge
|
|---|---|---|
|
Dwellings
|
$900.00
| |
|
Luxury resident and estates
|
$900.00
| |
|
Apartments
|
$900.00
| |
|
Rooming houses
|
$900.00
| |
|
Boarding houses
|
$900.00
| |
|
Mobile home parks
|
$900.00
|
2.
Type of non-residential facility. A one-time sewer capacity charge (separate from monthly user charge)
of up to three dollars ($3.00) per gallon of sewage each facility
is expected to produce will be assessed in accordance with the following
schedule:
|
Automatic car wash
Don't recycle
|
$1,000.00 per stall
|
|
Car wash/detail shop
Don't recycle
|
$600.00 per stall
|
|
Convenience store
|
$750.00 per bath and floor space
|
|
Hotels and motels
|
$450.00 per room and fixtures
|
|
Laundry, self-service
|
$180.00 per washer and fixtures
|
|
Manufacturing
|
$45.00 per person
|
|
Restaurants, bars, nightclubs
|
$72.00 per seat
|
|
Schools
|
$45.00 per student
|
|
Service station
|
$750.00 per bath and fixtures
|
3.
Additional fixture costs. In addition to the fees established in Subsection (B), a fee for each additional fixture will be assessed.
|
Floor drains
|
$90.00
|
|
Service sinks
|
$90.00
|
|
Kitchen dishwasher
|
$90.00
|
4.
Any use not listed will be placed in the most appropriate category.
Appeals will be made to the Board of Aldermen. Any dispute will be
settled by obtaining a daily usage from the first (1st) quarter of
the first (1st) year available. During this time the required fee
will be held by the City until average daily figures of actual usage
is available.
5.
No impact fee shall be assessed on existing residential property
or residential property that is to be remodeled. Impact fee will be
assessed and all monies collected at the time the building permit
is issued. All monies will be deposited in a wastewater improvement
fund only for expansion or dire emergency.
B.
Water Impact Fees. A one-time water impact fee of six hundred
dollars ($600.00) will be charged per meter hookup to the City's water
system. No impact fee shall be assessed on existing meters. Impact
fee will be assessed and all monies collected at the time the meter
is to be installed. All monies shall be deposited in a water system
improvement fund only for expansion or dire emergency.
C.
"Any new construction" is hereby defined as any construction for
any purpose whatever, including, but not limited to, replacement of
an existing structure, notwithstanding that sewer or water has previously
been provided to the real property, the only exception to the definition
of new construction being the replacement of a structure or structures
that have been destroyed by fire or natural disaster. The Board of
Aldermen of the City of Sparta shall have sole discretion to waive
impact fees pursuant to this exception.
[Ord. No. 439, 7-17-2007]
[Ord. No. 412 §2, 7-12-2005]
A.
Whenever
in this Code or any other ordinance of the City, or in any rule, regulation,
notice or other promulgated by any officer or agency of the City under
authority duly vested in him/her or it, any act is prohibited or is
declared to be unlawful or an offense, misdemeanor or ordinance violation
or the doing of any act is required or the failure to do any act is
declared to be unlawful or an offense or a misdemeanor or ordinance
violation, and no specific penalty is provided for the violation thereof,
upon conviction of a violation of any such provision of this Code
or of any such ordinance, rule, regulation, notice or order, the violator
shall be punished by a fine not exceeding five hundred dollars ($500.00)
or by imprisonment in the City or County Jail not exceeding ninety
(90) days, or by both such fine and imprisonment; provided, that in
any case wherein the penalty for an offense is fixed by a Statute
of the State, the statutory penalty, and no other, shall be imposed
for such offense, except that imprisonments may be in the City prison
or workhouse instead of the County Jail.
B.
Every
day any violation of this Code or any other ordinance or any such
rule, regulation, notice or order shall continue shall constitute
a separate offense.
C.
Whenever
any act is prohibited by this Code, by an amendment thereof, or by
any rule or regulation adopted thereunder, such prohibition shall
extend to and include the causing, securing, aiding or abetting of
another person to do said act. Whenever any act is prohibited by this
Code, an attempt to do the act is likewise prohibited.
D.
Any person, firm or corporation, whether as principal, owner, agent, tenant, employee or otherwise, who violates any provisions of this Title or violates or fails to comply with any order or regulation made hereunder constitutes an infraction and is punishable pursuant to Section 100.210 of the City Code.
[Bill No. 20-005, 6-5-2020]
E.
If,
upon a trial for the violation of any Section of this Title, or any
part thereof, the judge of the Municipal Court shall find that a violation
exists and that the defendant has had proper notice as provided in
this Title, and that the defendant has failed to abate the violation,
the judge of the Municipal Court may, in addition to the penalty for
violating this Title, make an order directing the Code Official to
abate such violation forthwith and immediately report the expense
thereof to the judge of the Municipal Court who may, as part of the
cost of such prosecution, render judgment against the owner or occupant
of the property and against the property on which said violation is
committed, and a special tax bill may be issued against said property
of the expenses which shall be collected as other fines and costs;
provided, that if the person who shall violate, neglect, fail or refuse
to comply with any provision, regulation or requirement of this Title
is a non-resident, the Code Official may immediately abate the nuisance
and report the expense thereof to the judge of the Municipal Court,
and the owner of such lands shall be civilly liable to the City for
such costs,
[Bill No. 20-005, 6-5-2020]
[Ord. No. 346 §90.010, 7-5-1994; Ord. No. 383 §90.010(2 — 4), 9-4-2001; Ord. No. 409 §1, 9-28-2004; Ord. No. 412 §1, 7-12-2005; Ord. No. 420, 1-10-2006]
A.
Prior to any development commencing on any lots within a residential subdivision, commercial or industrial development within the City of Sparta, all street construction must be completed, with the exception of the top one and one-half (1 1/2) inches of bituminous plant mix surface, in accordance with Subsection (B) of this Section.
B.
Bituminous Plant Mix.
1.
Streets and alleys shall be graded to full width of the right-of-way,
which shall be no less than thirty (30) feet and fully constructed
with the following specifications:
a.
A minimum of six (6) inches of compacted subbase below a minimum
of four and one-half (4 1/2) inches of bituminous plant base.
b.
Both sides of all streets shall have Portland cement concrete
curb and gutter with concrete conforming to Missouri Standard Specifications
for Highway Construction.
c.
Curb heights shall be a minimum of six (6) inches above the
gutter surface, gutter thickness shall be a minimum of six (6) inches
and the overall curb and gutter width shall be a minimum of two (2)
feet six (6) inches with proper storm drains and inlets.
2.
Upon completion of any residential, commercial or industrial development, a surface of one and one-half (1 1/2) inches of bituminous plant mix shall be added to the surface of subject streets in accordance with Subsection (A) of this Section. The City of Sparta shall determine at what point this final one and one-half (1 1/2) inches of bituminous plant mix shall be added to the surface of subject streets.
C.
The private contractor shall be responsible for maintenance of the
subject streets and alleys so constructed for a period of two (2)
years from the date of completion of construction, and the City shall
have no responsibility whatever for maintenance of said roads during
the initial two-year period.
D.
Prior to assuming responsibility for the street or alley, the City
of Sparta shall have the right to inspect and approve the construction,
and the private contractor shall complete construction according to
City of Sparta specifications.
[Ord. No. 385 Exh. A, 6-11-2002]
A.
Any private contractor or developer shall be responsible to ensure
that an adequate stormwater retention system is constructed and put
into place for every construction project or development that is being
constructed within the City limits of the City of Sparta, Missouri.
[Ord. No. 464, 9-8-2009; Ord. No. 473, 10-12-2010]
B.
Before beginning construction of any kind, the contractor or developer
shall provide the City with specific plans for stormwater retention
or runoff. These plans will be referred to an independent engineer
by the City at its discretion. Whenever the City chooses to refer
plans to an engineer, a cost deposit will be required to be paid to
the City prior to the independent review. The deposit shall be in
the amount of the engineer's estimate for review of the plans
provided. Notwithstanding the amount of the cost estimate, the contractor
or developer shall be responsible to the City for payment of the entire
final cost of the engineering review.
[Ord. No. 464, 9-8-2009; Ord. No. 473, 10-12-2010]
C.
The City of Sparta shall have the right to approve the construction
of the said stormwater retention system. All plans for such a system
shall be reviewed by an independent engineering firm prior to receiving
City approval.
[Ord. No. 464, 9-8-2009]
D.
The
City of Sparta shall have the right to inspect and approve the construction
of the stormwater retention system so approved in the planning stage
by the City of Sparta and shall have the right to reject same if it
is not built in accordance with the City specifications. The contractor
of the development will have the right to employ, at his/her own cost,
engineers or other professional persons and obtain their opinions
as to the suitability of the stormwater retention or runoff system.
E.
The
City of Sparta shall have the further right to halt, by written notice,
further construction, development or occupancy of any development
or buildings in the event that the City of Sparta determines that
the stormwater retention system is inadequate for that development
and is not in the best interest of the citizens of the City of Sparta,
Missouri. The City shall have the right by way of injunction to enforce
this Section and to recoup all costs and expenses, including court
costs and attorney's fees and professional fees, in the event that
it is necessary for the City to enforce this Section through a court
or arbitration proceeding.
[Ord. No. 391, 7-1-2003]
A.
These
design controls are intended to provide protection against potential
drownings and near drownings by restricting access to swimming pools.
1.
Definition. The definition of "swimming
pool" includes any structure intended for swimming or recreational
bathing that has the potential to contain water over twenty-four (24)
inches deep. This includes in-ground, above ground and on-ground swimming
pools; hot tubs; portable and non-portable spas; fixed-in-place wading
pools; decorative ponds or other bodies of water which exceed twenty-four
(24) inches in potential water depth.
2.
General enclosure requirements. All outdoor swimming
pools shall be provided with a barrier which shall comply with the
following:
a.
Every outdoor swimming pool shall be completely surrounded by a fence
or wall not less than five (5) feet in height which shall be so constructed
as not to have openings, holes or gaps larger than four (4) inches
in any dimension except for doors or gates. If a picket fence is erected
or maintained, the horizontal dimension shall not exceed four (4)
inches. A dwelling house or accessory building may be used as part
of such enclosure.
b.
All gates or doors opening through such enclosure shall be equipped
with a self-closing and self-latching device for keeping the gate
or door securely closed at all times when not in actual use, except
that the door of any dwelling which forms a part of the enclosure
need not be so equipped.
c.
No water shall be placed in a newly constructed swimming pool until
such time as the enclosure has been completed.
d.
Spas and hot tubs with hard, childproof covers located on single-family
residential property are exempt from this Chapter.
e.
Removable, portable or temporary barriers are permitted but do not
replace required barriers as described above.
f.
Owners of outdoor swimming pools in existence prior to the passage of this Section shall have until December 31, 2003, to comply with the pool barrier requirements in Subsection (2)(a) above. Owners of swimming pools on properties annexed into the City shall have one (1) year from date of annexation to comply with the pool barrier requirements in Subsection (2)(a) above.
g.
The Mayor and Board of Aldermen or his/her designee may make modifications
in individual cases upon a showing of good cause with respect to the
height, nature or location of the fence, wall, gates or latches, or
the necessity therefore, provided the protection as sought under this
Chapter is not reduced thereby. The Mayor and Board of Aldermen may
permit other protective devices or structures to be used as long as
the degree of protection afforded by the substitute devices or structures
is not less than the protection afforded by the wall, fence, gate
and latch described in this Subsection. The Mayor and Board of Aldermen
shall allow a reasonable period within which to comply with the requirements
of this Section.
[Ord. No. 426, 8-15-2006]
A.
The City of Sparta shall not have in any way any responsibility to
maintain, install, repair or remove any sidewalks within the City
limits. It shall be and is the responsibility of the adjacent landowner,
landowners' or homeowners' associations within the City
limits to maintain, install, remove or repair all sidewalks which
are adjacent to said property owners' real estate up to and including
the curb of the City street. Liability for accidents, if any, to persons
or property shall be the responsibility of the property owner and
not the City of Sparta. Property owners shall be required to have
and maintain sufficient liability insurance coverage to protect the
citizens of the City of Sparta and their property from any damage
or losses which may occur as a result of the condition of a sidewalk
adjacent to said landowners' real property. The property owner
will be responsible for the condition of existing and future sidewalks.
B.
This Section shall be enforced by the Chief of Police for the City
of Sparta and the Municipal Court. In the event that the Chief of
Police determines that a particular sidewalk area constitutes a dangerous
condition, he shall give notice by personal service, posting upon
the landowner's residence or property or by certified mail with
return receipt requested to the offending landowner who shall present
a plan for the repair or removal of the dangerous condition to the
Chief of Police within seven (7) days of the date of service of the
notice. The plan shall provide for immediately removing, restricting
or barricading the dangerous condition and a reasonable period of
time within which to abate the dangerous condition in its entirety.
In the event that the landowner fails to comply with the notice, the
City may, in its sole discretion, take whatever steps are necessary
to abate the condition and all charges therefor shall be taxed against
the property owner on said property owner's real estate tax statement
for the year or years in which the City incurs costs. Said charges
shall be presented to the Christian County Collector's office
to be assessed as a lien against the real property of the landowner
and collected in the same manner as unpaid real estate taxes.
