[R.O. 1995 § 100.060; Ord. No.
2001-05 § 1, 4-12-2001]
A.
General Penalty.
1.
Whenever in this Code or in any ordinance of the City, or in
any rule, regulation, notice, condition, term or order 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 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 an ordinance violation, where no specific penalty is provided therefor,
the violation of any such provision of this Code or any such ordinance,
rule, regulation, order or notice shall be punished by a fine not
exceeding one thousand dollars ($1,000.00) or by imprisonment not
to exceed ninety (90) days, or by both such fine and imprisonment,
but in any case wherein the penalty for an offense is fixed by any
Statute, the same penalty shall apply.
2.
Except where otherwise provided, each and every day any violation
of this Code or any ordinance of the City or any rule, regulation,
order or notice promulgated by any officer or agency of the City under
authority duly vested in him/her or it shall constitute a separate
offense.
3.
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.
B.
Equitable Relief. 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.
C.
Restrictions On Delinquent Applicants.
1.
APPLICANT
RELATED PERSON OR ENTITY
1.
2.
3.
RELEVANT LAW
1.
2.
3.
For the purposes of this Section,
the following terms shall have the following meanings:
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.
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%).
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
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.
Any Statute or regulation of the United States or the State
of Missouri;
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
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.
2.
In enforcing or administering the ordinances of the City, no
permit, license, franchise or approval of any kind shall be granted
to any applicant who is charged with, or in violation of, any relevant
law; or 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.
3.
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.
4.
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.
5.
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 may reverse or modify the decision
of the reviewing or enforcement officer provided the applicant 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 establishes
that the applicant has not been charged with, or is not in violation
of, any relevant law.
