The Development Services Director is responsible for enforcing
this Code, unless otherwise expressly stated.
Unless otherwise expressly allowed by this Code or by state,
federal or local law, any violation of this Code will be subject to
the remedies and penalties provided in this chapter. Violations include,
but are not limited to the following:
A. Failure
to comply with any provision of this Code;
B. To
engage in construction, development, subdivision of land or use of
land or buildings in any way not consistent with the requirements
of this Code;
C. To
engage in construction, development, subdivision of land or use of
land or buildings without all of the required permits, approvals,
certifications and other forms of authorization required by this Code;
D. To
engage in construction, development, subdivision of land or use of
land or buildings in any way not consistent with the terms and conditions
of any permit, approval, certificate or other form of authorization
required by this Code, or any conditions placed by the Development
Services Director, Planning and Zoning Commission, Board of Adjustment,
Board of Appeals or City Council on such authorization;
E. To
occupy or use any building or structure prior to completion of final
inspections or issuance of a certificate of occupancy as required
by this Code;
F. To
reduce any lot area so that setbacks or other dimensional standards
are smaller than required by this Code and any approved plats or plans;
G. To
increase the intensity of use of any land or structure in any way
not consistent with the requirements of this Code;
H. To install or use a sign in any way not consistent with the requirements of Chapter
435 or to fail to remove any sign that is not consistent with the requirements of this Code;
I. To
obscure, obstruct or destroy any notice required to be posted or otherwise
given under this Code;
J. To
fail to comply with a Stop Work Order issued under the authority given
by this Code;
K. To
alter, damage or remove any improvement required:
2. By the Planning and Zoning Commission as part of a site plan approval;
or
3. By the City Council as part of an approval granted under the requirements
of this Code;
L. To
fail to comply with any condition of approval imposed by the Development
Services Director, Planning and Zoning Commission, Board of Adjustment,
Board of Appeals or City Council;
M. To
fail to remove any diseased or dead required landscaping and replace
with landscaping materials in compliance with City code; and/or
N. To
continue any of the violations of this section. Each day that a violation
continues will be considered a separate offense.
The City of Raymore has all of the following remedies and enforcement
powers:
A. Withholding
of Permits.
1. The City may withhold or deny all permits, certificates of occupancy
and other approvals for any building or structure on land where there
is an uncorrected violation of this Code or of a condition of any
permit, certificate or other approval previously granted by the City.
The City may also grant a permit or approval subject to the condition
that the violation be corrected. This provision applies whether or
not the current owner is responsible for the violation.
2. The City may also withhold or deny all permits, certificates and
other approvals for other land or structures owned or built by a person
who caused an uncorrected violation of this Code on another property
in the City of Raymore.
B. Revocation
of Permits.
1. Any permit granted under this Code may be revoked when the Development
Services Director determines:
a. There is a departure from the plans, specifications or other requirements
of the terms of the permit;
b. The permit was obtained by false representation or was issued by
mistake; or
c. Any provisions of this Code are being violated.
2. Written notice of the permit revocation must be served on the owner,
owner’s agent or contractor or must be posted in a prominent
location; thereafter, no further construction may proceed.
C. Revocation
of Plans or Other Approvals.
[Amendment 8 – Ordinance 2011-9, 2-28-2011; Amendment 33 - Ordinance 2020-068, 11-23-2020]
1. When a violation of this Code involves a failure to comply with an
approved plan or condition of approval of a site plan, the Planning
and Zoning Commission may revoke any plan or approval or condition
its continuance on strict compliance with this Code and all conditions
of approval. The Development Services Director must provide notice
to the person found to be in violation. The Planning and Zoning Commission
shall hold a public hearing prior to the revocation of any site plan.
2. When a violation of this Code involves a failure to comply with a
condition of approval of a Conditional Use Permit, the City Council
may revoke the Conditional Use Permit. The Development Services Director
must provide notice to the person found to be in violation. The City
Council shall hold a public hearing prior to the revocation of any
Conditional Use Permit.
3. When a violation of Code involves a failure to comply with a condition
of approval of a Variance of Use, the Board of Adjustment may revoke
the Variance of Use. The Development Services Director must provide
notice to the person found to be in violation. The Board of Adjustment
shall hold a public hearing prior to the revocation of any Variance
of Use.
D. Stop
Work Orders. The Development Services Director may issue a stop work
order, with or without revocation of permits, for any building or
structure on land where there is an uncorrected violation of this
Code, any permit or other approval granted under this Code.
E. Citation.
The Development Services Director may issue a citation to the property
owner, tenant or person responsible for a violation of this Code.
F. Injunctive
Relief. The city may seek an injunction or other equitable relief
in court to stop any violation of this Code or of a permit, certificate
or other form of authorization granted under this Code.
G. Abatement.
The City may seek a court order in the nature of injunction, mandamus,
abatement or other action to abate or remove a violation or to otherwise
restore the premises in question to its condition prior to the violation.
H. Remedy
of Sign Violations.
1. The Development Services Director has the authority to order the
removal and disposal of any temporary sign in violation of this chapter
or any other sign that has remained in violation of this Code for
more than thirty (30) days after a judgment against the violator.
2. The City Council may impose a tax lien against the property of the
violator to recover costs incurred by the City to remedy the situation
including the costs of investigation, prosecution, removal and any
other cost related to the violation.
3. The Code Enforcement Officer or his/her agent may remove snipe signs
or other prohibited signs.
4. Any sign installed or placed in the right-of-way or on public property
will be deemed an unlawful sign and will be subject to immediate removal
and disposal by the City, without compensation to the owner. The owner
or other person placing the sign will be subject to the penalty provisions
of this chapter.
I. Penalties.
A person, firm or corporation who violates any provision of the Unified
Development Code will be guilty of a misdemeanor and upon conviction
will be fined not more than two hundred dollars ($200.00). Each day
of violation constitutes a separate offense.
[Amendment 24 – Ordinance 2017-04, 2-13-2017]
J. Other
Remedies. The City will have such other remedies and enforcement powers
as may be granted from time to time by Missouri law and the City Code.
The remedies and enforcement powers established by this chapter
are cumulative.
Private covenants, deed restrictions or agreements imposing
standards different than those in this Code shall not impose an enforcement
obligation on the Development Services Director or the City.