[CC 1985 § 25-278; Ord. No. 277 § 14, 11-7-1966]
It shall be the duty of the person
designated by the Mayor as Public Works Director and/or Code Enforcement
Official to administer and enforce the regulations contained herein.
[CC 1985 § 25-279; Ord. No. 277 § 14, 11-7-1966]
Subsequent to the effective date
of this Chapter, no change in the use or occupancy of land, nor any
change of use or occupancy in an existing building other than for
single-family dwelling purposes, shall be made, nor shall any new
building be occupied until a certificate of occupancy has been issued
by the Public Works Director and/or Code Enforcement Official. Every
certificate of occupancy shall state that the new occupancy complies
with all provisions of this Chapter. No permit for excavation of,
or the erection or alteration of, any building shall be issued before
the application has been made and approved for a certificate of occupancy
and compliance, and no building or premises shall be occupied until
such certificate and permit is issued. A record of all certificates
of occupancy shall be kept on file in the office of the Public Works
Director and/or Code Enforcement Official, and copies shall be furnished
on request to any person having a proprietary or tenancy interest
in land or a building affected by such certificate of occupancy.
[CC 1985 § 25-280; Ord. No. 277 § 15, 11-7-1966]
The City Council shall provide for the manner in which such
regulations and restrictions and the boundaries of such districts
shall be determined, established, and enforced, and from time to time
amended, supplemented, or changed. However, no such regulation, restriction,
or boundary shall become effective until after a public hearing in
relation thereto, at which parties in interest and citizens shall
have an opportunity to be heard. At least fifteen (15) days' notice
of the time and place of such hearing shall be published in an official
paper or a paper of general circulation in such municipality.
[CC 1985 § 25-281; Ord. No. 277 § 15, 11-7-1966]
Such regulations, restrictions, and boundaries may from time to time be amended, supplemented, changed, modified or repealed. In case, however, of a protest against such change duly signed and acknowledged by the owners of thirty percent (30%) or more, either of the areas of the land (exclusive of streets and alleys) included in such proposed change or within an area determined by lines drawn parallel to and one hundred and eighty-five (185) feet distant from the boundaries of the district proposed to be changed, such amendment shall not become effective except by the favorable vote of two-thirds (2/3) of all the members of the City Council. The provisions of Section
405.480 relative to public hearing and official notice shall apply equally to all changes or amendments.
[CC 1985 § 25-282; Ord. No. 277 § 16, 11-7-1966]
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 this Chapter, the City, 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
Zoning Officer who is 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 the regulations made under authority
of this Chapter.
B. The
owner or general agent of a building or premises where a violation
of any provisions of this Chapter 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 that exists, shall be
guilty of an ordinance violation punishable by a fine of not less
than ten dollars ($10.00) and not more than two hundred fifty dollars
($250.00) for each and every day that such violation continues, 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. Notwithstanding the provisions of Section 82.300, RSMo.,
for the second and subsequent offenses involving the same violation
at the same building or premises, the punishment shall be a fine of
not less than one hundred dollars ($100.00) and not more than five
hundred dollars ($500.00) for each and every day that such violation
shall continue, 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 this
Chapter in the respect named in such order shall also be subject to
a civil penalty of two hundred and fifty dollars ($250.00).
[CC 1985 § 25-283; Ord. No. 277 § 17, 11-7-1966]
If any Section, Subsection, sentence,
clause or phrase of this Chapter is for any reason held to be unconstitutional,
such decision shall not affect the validity of the remaining portions
of this Chapter.