[Ord. No. 23.74, 10-19-2023]
The provisions of this Article shall obligate any owner, occupant,
lessee, mortgagee, agent, person applying for or holding a site development
permit, or other person having an interest in or control over the
land, site, building, or structure affected. If any of the foregoing
is a corporation, company, trust, partnership, or other entity, this
Article shall further apply to: (1) any owner, partner, or member
of such entity; and (2) any officer, director, manager, trustee, receiver,
agent, foreman, supervisor, or designee of such entity if such person
has any control over the covered action regarding the land, site,
building, or structure affected. Each of the foregoing shall be collectively
referred to as "responsible parties."
[Ord. No. 23.74, 10-19-2023]
A. The City of Osage Beach Design Guidelines Section 4 (adopted 10-19-2023
by Ord. No. 23.74) are hereby adopted as the basic standards for the
City of Osage Beach for stormwater, erosion, surface drainage, and
the other requirements therein within the City. Each and all of said
Design Guidelines are hereby adopted by reference and made a part
of this Article as if fully set out herein. One (1) copy of the Osage
Beach Design Guidelines is on file in the office of the City Clerk.
B. All permit holders shall comply with the aforementioned Design Guidelines.
All permit holders shall timely file, implement, and update any plan
required by said Design Guidelines, including, but not limited to,
erosion and sediment control plans and storm drainage plans. All permit
holders shall timely implement, maintain, control, and repair any
measures required by said Design Guidelines or any plans required
thereby. All responsible parties are obligated to ensure that any
permit holder acting on their behalf complies with this Article.
C. No clearing, grading, borrowing or filling of land requiring a site development permit shall be performed without first obtaining such permit. No site development permit shall issue until the fees required by Section
510.120 have been paid, the submissions required by Article
II of Chapter
510 have been received and approved, and all other preconstruction plans and submissions have been received and approved by the City as required.
[Ord. No. 23.74, 10-19-2023]
Floods from stormwater runoff may occur which exceed the capacity
of stormwater drainage facilities constructed and maintained under
this Article. This Article does not guarantee that property will always
be free from stormwater flooding or flood damage. This Article shall
not create a liability on the part of, or cause of action against,
the City or any officer or employee thereof for any flood damage.
Neither does this Article purport to reduce the need or the necessity
for obtaining flood or other insurance.
[Ord. No. 23.74, 10-19-2023]
Regardless of the amount of land disturbance at a particular
site, it shall be the responsibility of all responsible parties to
ensure streets, sidewalks, rights-of-way, and water courses (including
Lake of the Ozarks) open to the public surrounding a permitted site
are kept free of excessive debris and sediment. Upon notification
from the City to any permit holder and/or responsible party that a
problem exists, the permit holder and/or responsible party shall immediately
remedy the issue. If the issue is not promptly remedied, the City
may temporarily suspend any permit until the problem has been resolved.
If a responsible party does not address the issue after requested,
the City may choose to remedy the situation and bill the permit holder
and/or responsible parties for any reasonable associated costs. The
permit will remain suspended until said bill is paid. Alternatively,
the permit holder and/or responsible party owner may request a hearing
with the City Administrator to contest the abatement costs.
[Ord. No. 23.74, 10-19-2023]
A. Interpretation. The provisions of this Article shall be the minimum
requirements for the protection of the public health, safety and general
welfare.
B. Conflict. Conflict with public and private provisions:
1.
Public Provisions. Where any provision of this Chapter imposes
restrictions different from those imposed by any other law or regulation,
whichever is more restrictive or imposes a higher standard shall control.
2.
Private Provisions. This Chapter is not intended to abrogate
any easement, covenant or any other private agreement or restriction;
provided, that where the provisions of this Chapter are more restrictive
or impose higher standards or regulations that such easement, covenant,
or other private agreement or restriction, the requirements of this
Chapter shall remain applicable.
C. Severability. The provisions and sections of this Article shall be
deemed to be severable, and the invalidity of any portion of this
Article shall not affect the validity of the remainder.
[Ord. No. 23.74, 10-19-2023]
A. It shall be a violation of this Article to knowingly disobey a command,
requirement, or instruction from the Building Official, City Engineer,
any of their designees, or any other City employee or agent authorized
to make such command, requirement, or instruction.
B. The City may suspend or revoke any permit associated with the site
or any permit associated with the responsible parties holding the
permit(s) for the site for non-compliance with this Article.
C. Procedure.
1.
Upon discovery of a violation of this Article, the Building
Official shall issue a notice of violation to any or all responsible
parties (owner, developer, contractor, site supervisor, or any other
person working on or having control over the site) giving a reasonable
time, not to exceed seven (7) days, to remedy the violation. In emergency
situations that cause a risk to life, health, property, or public
welfare, or where the violation is willful or wanton, the notice of
violation may dispense with the time to remedy by listing the condition(s)
which constitute the emergency or willful/wanton violation.
2.
If the violation has not been remedied within the time frame
set forth in the notice, the Building Official may issue a written
stop work order suspending the permit(s). Once the violation has been
remedied, the suspension will be lifted.
3.
If the violation for which the permit(s) was suspended is not corrected within thirty (30) days, the permit(s) shall be revoked and the violation deemed a nuisance under Section
215.020. The notice of violation above shall satisfy the notice to abate requirement of Section
215.030.
4.
After two (2) suspensions of a permit for the same site, or
one (1) emergency suspension of a permit, the Building Official may
revoke the permit(s). A permit shall not be reissued until all applicable
procedures in this Code have been followed. Additionally, any remediation
or abatement costs may be required to be paid prior to reissuance.
D. Any person violating any of the provisions of this Article or any
requirement adopted in this Article shall be deemed guilty of an ordinance
violation and upon conviction thereof shall be fined in an amount
not exceeding five hundred dollars ($500.00) or be imprisoned in the
County Jail for a period not exceeding ninety (90) days, or both such
fine and imprisonment. In addition, thereto, the violator(s) shall
pay all costs and expenses incurred by the City in such case. Each
day such violation is committed or permitted to continue shall constitute
a separate offense and shall be punishable as such hereunder.