[CC 1990 § 31-08-01; Ord. No. 2801 § 3 (Exh. A), 6-16-2014]
A.
Administration.
[CC 1990 § 31-08-02; Ord. No. 2801 § 3 (Exh. A), 6-16-2014]
A.
General.
1.
Stop-Work And Stop-Use Orders. The cessation of any construction,
reconstruction, alteration, conversion, maintenance, or use in violation
of this UDC may be effected by posting a stop-work or stop-use notice
on the premises; or by notice in writing to the owner of the property
involved, or to his/her agents, or to the person doing the work, in
the case of a stop-work order, stating the nature of the violation.
Stop-work orders and stop-use orders may be issued by the Director
of Planning and/or Director of Public Works and may be issued for
such items as grading permit, municipal zoning approval or building
permit violations.
2.
Powers. The Director of Planning or his/her designee shall have
the power to order all work to be stopped on any building or structure
where such work is being done in violation of any provision of the
UDC. Such stop-work orders may be given orally and may be enforced
when so given; provided, however, that any oral stop-work order shall
be followed by a written order within four (4) hours. All work that
is stopped shall not be resumed except upon permission of the Director
of Planning. Written stop-work or stop-use orders may be served by
any police officer or Code Compliance Inspector and may be served
by personal service or by posting on the premises affected.
3.
Issuance of a stop-work order shall result in a suspension of
all construction activity on the site, except for work related to
remediation of the violation, until the violation is abated.
4.
The stop-work order shall also suspend the right of the permittee,
applicant, owner, contractor, developer or any related entity to build
or construct any structure or public improvement on any portion of
the site. The Director of Planning or Director of Public Works, upon
the issuance of a stop-work order, is authorized to suspend all inspections
and plan review related to any other work that is taking place on
the site until such time as the violation is abated. Stop-work orders
shall specifically state the provisions of this Article (or in the
instance of a grading permit violation, shall state the provisions
of the grading permit being violated). Any person who shall continue
any work in or about the site after having been served with a stop-work
order, except work related to remediation of the violation, shall
be subject to all applicable penalties.
5.
The written stop-work order shall be mailed, postage pre-paid,
to both the permittee and owner. All stop-work orders that are issued
by the Department of Planning (the Department) must be posted on the
site on which the activity is taking place.
6.
Inspection And Entry Of Land And Buildings.
a.
Authorized personnel of the Department are hereby
empowered, in the performances of their functions, to enter upon any
land in the City of Chesterfield for the purpose of making inspections,
examinations, and surveys, or to place and maintain thereon monuments,
markers, notices, signs, or placards required to effectuate the purpose
and provisions of this UDC. The above-authorized persons shall be
required to present proper credentials upon demand when entering upon
any land or structure for the purpose of this Section.
b.
The Code Compliance Inspector is authorized to inspect
or cause to be inspected any building or other structure or any land
on which work is in progress and report to the Director of Planning
any suggested stoppage of work.
7.
Police Assistance. The Police Department shall aid the Department
in posting of stop-work or stop-use orders when requested by the Director
of Planning or his/her designee.
[CC 1990 § 31-08-03; Ord. No. 2801 § 3 (Exh. A), 6-16-2014]
A.
Notice And Warning. Any person who shall violate the provisions
of the UDC of the City of Chesterfield shall be served notice and
warned as follows:
1.
Procedure. Whenever it comes to the attention of the Department,
or the City becomes aware of the existence of a violation of the UDC
hereinafter referred to as the "violation," the Department shall investigate
the violation and shall prepare a report concerning the same. If a
violation of the UDC is found to exist, a warning notice shall be
left with any person occupying such property, whether such person
is the owner, renter or lessee thereof, by delivering such warning
notice to such person, or if no one is present in the property or
refuses to accept the notice, then by posting the warning notice on
the front, or side or rear entrance to the residence or building.
2.
Warning Notice Contents. The warning notice provided above shall
contain:
a.
The address or legal description of the property;
b.
The ordinance number of the ordinance being violated;
c.
The nature and location of the violation, and the
date by which such violation shall be removed or abated;
d.
A notice of the penalty for failure to remove or
abate the violation, stating that if the violation reoccurs by the
same occupier, owner or person in charge, a summons will be issued
without further notice.
3.
Notice For Unimproved Or Unoccupied Property. If the violation
occurs on unimproved property or where the residence or building is
unoccupied, the written notice shall be mailed and the property may
be posted as provided in this Section. If the property is unimproved,
the property may be posted by placing the notice upon a tree or other
object upon such property, as may be available.
4.
Written Notice. A notice in writing containing the same information
as provided on the warning notice provided in this Section shall be
sent to the owner or any other person having control of the property
at the last known address of the owner, or at the address of the person
having control, by ordinary mail, postage prepaid.
B.
Failure To Act Upon Warning Notice. Upon neglect or failure
to act upon the warning notice by the property owner, the City shall
issue a summons as follows:
1.
Summons, Service Of. If a warning notice is given as provided
in this Article, and if after the time for removal or abatement has
lapsed the property is reinspected and the inspector finds and determines
that the violation has not been abated, the inspector shall fill out
and sign as the complainant a complaint and information form, hereinafter
referred to as a summons, directed by name to the occupant, owners,
or person in charge of the property, showing the address or legal
description of property on which the violation is located, and such
other information as may be available to the inspecting officer as
shown on the summons, and specifying the Section of the Article which
is being violated and setting forth in general the nature of the violation,
and may serve the summons on the occupant, owners, or person in charge,
or any or all of such persons. The summons shall contain a date on
which the case will be on the Municipal Court docket for hearing.
The Prosecuting Attorney shall sign the original copy of all such
summons, and the original thereof shall be forwarded to the Clerk
of the Municipal Court for inclusion on the Court's docket for the
date shown on the summons.
2.
Summons, Delivery By Mail. If no one is found at the property to accept a summons for failure to remove or abate a violation, the inspecting officer shall fill out and sign the summons as the complainant as provided in Subsection (B)(1) and deliver the original and one (1) copy of the summons to the Clerk of the Municipal Court, who shall verify or insert the date that the case has been set for hearing before the Municipal Court. The Clerk shall then mail the copy of the summons by ordinary mail, postage prepaid, to the person named therein at the address shown on the summons, or at such other address as the person charged therewith may be found, or shall be known to reside. If the mail is duly addressed to the person named in the summons at the address as provided above and is not returned to the City, it shall be deemed to have been delivered and received by the person to whom addressed.
3.
Abatement By City; Costs Assessed. If the occupant, owner or
person in charge of property for which a warning notice has been given
to remove or abate a violation fails to remove or abate the violation
in the time specified in the notice, whether on public or private
property, the City may remove the same and thereby abate the violation
and, if necessary, may lawfully enter upon the property on which the
violation remains unabated to remove or abate such violation at the
costs of the property owner.
4.
Payment of costs; use of surety, special tax bill or judgment.
All costs and expenses incurred by the City in removing or abating
any violation on any private property may be deducted from the surety
deposited with the City or may be assessed against the property in
the form of a special tax bill, which special tax bill shall become
a lien on the property. Alternatively, the cost of removing or abating
the violation, whether on public or private property, may be made
a part of the judgment by the Municipal Judge, in addition to any
other penalties and costs imposed, if the person charged either pleads
guilty or is found guilty of causing, creating or maintaining a violation
on public or private property.
5.
Warning Notice, First Offense. In all cases where the violation
on public or private property is the first offense of the specified
ordinance violation for the person charged therewith, the warning
notice provisions of this Article shall be observed. The notice shall
specify the number of days in which the violation shall be removed
or abated, which time shall not be less than three (3) days nor more
than ten (10) days, except in emergency cases.
6.
Warning Notice, Subsequent Offenses. In all cases where the
violation on public or private property is a repeat or continued offense
on such property, after the expiration of the time period set out
in the Section above, the warning notice provisions of this Section
need not be observed. Each day a violation continues after the expiration
of the warning period to abate such violation shall constitute a separate
offense.
[CC 1990 § 31-08-04; Ord. No. 2801 § 3 (Exh. A), 6-16-2014]
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 of any
ordinance or other regulation made under authority conferred hereby,
or in case of any violation of Sections 89.300 to 89.490, RSMo., or
of any ordinance or other regulation made under authority conferred
thereby, the proper local authorities of the municipality, 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 an officer
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 pursuant to the authority of Sections 89.010
to 89.140 and Sections 89.300 to 89.490, RSMo.
B.
Floodplain.
1.
No structure or land shall hereafter be constructed, located,
extended, converted, or altered without full compliance with the terms
of Article 05 of this UDC and other applicable regulations. Violation
of the provisions of Article 05 of this UDC or failure to comply with
any of its requirements (including violation of conditions and safeguards
established in connection with grants of variances or special exceptions)
shall constitute an ordinance violation.
2.
Nothing herein contained shall prevent the City of Chesterfield
or other appropriate authority from taking such other lawful action
as is necessary to prevent or remedy any violation.
C.
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 an ordinance violation punishable as
follows:
1.
The maximum fine and court costs that can be imposed for such violation
shall be:
a.
For the first violation within any 12-month period of time: two hundred
dollars ($200.00).
b.
For the second violation within any 12-month period of time: two
hundred seventy-five dollars ($275.00).
c.
For the third violation within any 12-month period of time: three
hundred fifty dollars ($350.00).
d.
For the fourth and any subsequent violation within any 12-month period
of time: four hundred fifty dollars ($450.00).
2.
Court costs shall be assessed against such person unless the court
finds that the defendant is indigent.
D.
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).
