[Ord. No. 7042, 8-24-2023]
It is the purpose of this Article to provide the procedures
for the administration of this Chapter, issuance of permits, inspection
of properties, collection of fees, and enforcement against violators
of the provisions of this Chapter and amendment thereto.
[Ord. No. 7042, 8-24-2023]
A.
Except where herein otherwise stated, the provisions of this Chapter
shall be administered by the Director of Planning and Development,
or his/her designee, as the Council may designate to enforce provisions
of this Chapter.
B.
The Code Enforcement Officer (or his/her designee) may enter upon
private property in accordance with applicable law in order to make
inspections, examinations, and surveys, or to place and maintain thereon
markers, notices, or signs required to effect provisions of this Chapter.
The above-authorized person shall be required to present proper credentials
upon demand when entering upon any land or structure for the purpose
of this Section.
[Ord. No. 7042, 8-24-2023]
A.
The City Council shall establish a schedule of fees, costs and expenses
for all matters pertaining to the Zoning Code. The schedule of fees,
costs and expenses shall be established as Appendix B[1] of Title IV: Land Use. The schedule of fees, costs and
expenses shall be filed with the City Clerk and posted in the office
of the Planning and Development Department. The schedule of fees,
costs and expenses shall only be amended by the City Council and shall
not require a recommendation from the Planning and Zoning Commission.
1.
No final action shall be taken on any permit, site plan, planned
unit development final plan, variance request or appeal of an administrative
decision that requires a straight application fee until said fee has
been paid in full.
2.
Zoning district classification amendments, planned development
area plans, planned development final plans, mixed-use traditional
development district area plans, mixed-use traditional development
district final plans and conditional use permits which require that
the applicant pay:
a.
An initial application fee;
b.
The cost for the legal notice advertising the public hearings;
and
c.
The cost for the notification of adjacent property owners must
pay the initial application fee before final action shall be taken.
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If the application is tabled or withdrawn by either the Planning
and Zoning Commission or City Council at the request of the applicant
or for failure of the applicant and/or their authorized or designated
representative(s) to attend the meeting, the applicant will be responsible
for the cost of readvertising the public hearing(s) and the re-notification
of the adjacent property owners. The applicant will subsequently be
billed for the cost of the legal notice(s) advertising the public
hearings and the cost for the notification of adjacent property owners.
Failure to pay for these costs within thirty (30) days of being billed
by the City may result in the issuance of a summons by the Code Enforcement
Division.
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[1]
Editor's Note: See Title IV, Appendixes.
[Ord. No. 7042, 8-24-2023]
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.
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 twelve (12) month period
of time: two hundred dollars ($200.00).
b.
For the second violation within any twelve (12) month period
of time: two hundred seventy-five dollars ($275.00).
c.
For the third violation within any twelve (12) month period
of time: three hundred fifty dollars ($350.00).
d.
For the fourth and any subsequent violation within any twelve
(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.
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 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).
[Ord. No. 7042, 8-24-2023]
Building permits issued on the basis of approved plans and applications authorize only the use, arrangement, and construction set forth in approved plans and applications, and no other use, arrangement, or construction. Use, arrangement, or construction at variance with that authorized shall be deemed a violation of this Chapter, and punishable as provided by Section 400.655, herein.
