[R.O. 1996 § 410.010; Ord. No. 4570 § 4, 10-5-2015]
This Development Code shall be enforced
by the Director of Community Development.
[R.O. 1996 § 410.020; Ord. No. 4570 § 4, 10-5-2015; Ord. No. 4885, 2-3-2020]
A.
Any of the following shall be a violation
of this Development Code and of law and shall be subject to the remedies
and penalties provided in this Development Code, the City Code and
State law:
1.
Subdivision, Development Or Use Without
Permit. To engage in any subdividing, development, use, construction,
remodeling or other activity of any nature upon the land and improvements
thereon subject to the jurisdiction of this Development Code without
all of the required permits, approvals, certificates and other forms
of authorization required by this Development Code in order to conduct
or engage in such activity.
2.
Subdivision, Development Or Use Inconsistent
With Permit. 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 engage in such activity.
3.
Subdivision, Development Or Use Inconsistent
With Conditions. To violate, by act or omission, any term, condition,
or qualification placed by the Planning Commission, City Council or
Board of Adjustment, as applicable, upon a required permit, certificate,
or other form of authorization granted by the Planning Commission,
City Council or Board of Adjustment to allow the use, development,
or other activity upon land or improvements thereon.
4.
Subdivision, Development Or Use Inconsistent
With Development Code. To erect, construct, reconstruct, remodel,
alter, maintain, move, or use any building, structure or sign, or
to use any land in violation or contravention of any zoning, subdivision,
sign or general regulation of this Development Code, or any amendment
thereof.
5.
Making Lots Or Setbacks Non-Conforming.
To reduce or diminish any lot area so that the setbacks or open spaces
shall be smaller than prescribed by this Development Code and the
final plat or site plan.
6.
Increasing Intensity Of Use. To increase
the intensity of use of any land or structure, except in accordance
with the procedural and substantive requirements of this Development
Code.
7.
Continuing Violations. To continue
any of the violations of this Section. Each day that a violation continues
shall be considered a separate offense.
8.
Removing, Defacing Or Obscuring Notice.
To remove, deface, obscure or otherwise interfere with any notice
required by this Development Code.
[R.O. 1996 § 410.030; Ord. No. 4570 § 4, 10-5-2015]
A.
The City shall have the following remedies
and enforcement powers.
1.
Withhold Permits.
a.
The City may deny or withhold all permits, certificates 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
Development Code or of a condition or qualification of a permit, certificate,
approval or other authorization previously granted by the City. Instead
of withholding or denying an authorization, the City may grant such
authorization subject to the condition that the violation be corrected.
This enforcement provision shall apply regardless of whether the current
owner or applicant is responsible for the violation in question.
b.
The City may deny or withhold all permits, certificates or other
forms of authorization on any land or structure or improvements owned
or being developed by a person who owns, developed or otherwise caused
an uncorrected violation of a provision of this Development Code or
of a condition or qualification of a permit, certificate, approval
or other authorization previously granted by the City. This provision
shall apply regardless of whether the property for which the permit
or other approval is sought is the property in violation.
2.
Revoke Permits.
a.
Any permit may be revoked when the Director of Community Development
determines:
b.
Written notice of such revocation shall be served upon the owner,
the owner's 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.
3.
Stop Work. With or without revoking
permits, the City may stop work on any building or structure on any
land on which there is an uncorrected violation of a provision of
this Development Code or of a permit or other form of authorization
issued hereunder, in accordance with its power to stop work under
its Building Codes.
4.
Revoke Plan Or Other Approval. Where
a violation of this Development Code involves a failure to comply
with approved plans or conditions to which the approval of such plans
was made subject, the City Council may, upon notice to the applicant
and other known parties in interest (including any holders of building
permits affected) and after a public hearing, revoke the plan or other
approval or condition its continuance on strict compliance, the provision
of security or such other conditions as the City Council may reasonably
impose.
5.
Injunctive Relief. The City may seek
an injunction or other equitable relief in court to stop any violation
of this Development Code or of a permit, certificate or other form
of authorization granted hereunder.
6.
Abatement. The City may seek a court
order in the nature of mandamus, abatement, injunction 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.
Penalties. The penalty for a violation
of this Development Code shall be governed by the general penalty
provision of the City Code of the City of Blue Springs, Missouri,
and the City may seek such criminal or civil penalties as are provided
by Missouri law or Municipal Code.
8.
Other Remedies. The City shall have
such other remedies as are and as may be from time to time provided
by Missouri law and the City Code for the violation of zoning, subdivision,
sign or Title IV provisions. In addition, it shall be unlawful, initially
or subsequently, to occupy any building in which there has been a
failure to comply with any permit, plans, specifications, or conditions
required under the terms of the permit or any plan or other approval
of the City of Blue Springs, or to maintain the building or site in
non-conformance therewith, and in addition to penalties provided herein,
the City may, at its option, prohibit, restrict, or revoke occupancy
of the building by any person or entity, when the Director of Community
Development determines that there has been any form of non-compliance.
[R.O. 1996 § 410.040; Ord. No. 4570 § 4, 10-5-2015]
The remedies and enforcement powers
established in this Chapter shall be cumulative.
[R.O. 1996 § 410.050; Ord. No. 4570 § 4, 10-5-2015]
A.
Non-Emergency Matters. In the case of violations
of this Development Code that do not constitute an emergency or require
immediate attention, the Director of Community Development shall give
notice of the nature of the violation to the property owner or to
any other person who is party to the agreement or to any applicant
for any relevant permit in the manner hereafter stated, after which
the persons receiving notice shall have ten (10) days to correct the
violation before further enforcement action shall be taken. Notice
shall be given in person, by United States mail, or by posting notice
on the premises. Notices of violation shall state the nature of the
violation and the time period for compliance and may state the corrective
steps necessary and the nature of subsequent penalties and enforcement
actions should the situation not be corrected.
B.
Emergency Matters. In the case of violations
of this Development Code that constitute an emergency situation as
a result of safety or public concerns or violations that will create
increased problems or costs if not remedied immediately, the City
may use the enforcement powers available under this Chapter without
prior notice, but the Director of Community Development shall attempt
to give notice simultaneously with beginning enforcement action to
the property owner, to any other person who is party to the agreement
and to applicants for any relevant permit.
[R.O. 1996 § 410.060; Ord. No. 4570 § 4, 10-5-2015]
A.
Other Powers. In addition to the enforcement
powers specified in this Chapter, the City may exercise any and all
enforcement powers granted to them by Missouri law, as it may be amended
from time to time.
B.
Continuation. Nothing in this Development
Code shall prohibit the continuation of previous enforcement actions,
undertaken by the City pursuant to previous and valid ordinances and
laws.
