[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.