Editor's Note — Ordinance no. 3001 §1, adopted December 23, 2008, repealed title IV in its entirety. See editor's note at beginning of title IV.
[Ord. No. 3001 §1, 12-23-2008]
All Code enforcement and review shall be performed by the Community Development Department. The Director as a part of expected duties shall review any zoning application forwarded to the Planning and Zoning Commission by the petitioners relative to special use permits, zoning change, modifications and classification of land use. The Director shall perform such other duties as may be delegated or authorized by law and other ordinances of the City of Fenton. It shall be the duty of the Director to ensure that the City enforces this Zoning Code.
Permits. No building or other structure shall be erected, constructed or reconstructed, enlarged, altered or repaired in such manner as to prolong the life of the building, nor shall the uses of any land be changed without first obtaining a permit issued by such officer or official except that no permit shall be required for ordinary repairs on conforming use structures. Such permits shall be issued only when the request is in conformity with this Code.
[Ord. No. 3001 §1, 12-23-2008]
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 this Title or of any ordinance or other regulation made under authority conferred hereby, 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 under authority of Sections 89.010 to 89.140, RSMo.
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 a misdemeanor punishable by a fine of not less than ten dollars ($10.00) and not more than five hundred dollars ($500.00) for each and every day that such violation continues or by imprisonment for ten (10) days for each and every day such violation shall continue or by both such fine and imprisonment in the discretion of the court. Notwithstanding the provisions of Section 82.300, RSMo., however, for the second (2nd) and subsequent offenses involving the same violation at the same building or premises, the punishment shall be a fine of not less than two hundred fifty dollars ($250.00) or more than one thousand dollars ($1,000.00) for each and every day that such violation shall continue or by imprisonment for ten (10) days for each and every day such violation shall continue or by both such fine and imprisonment in the discretion of the court.
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).
In addition to the above procedure, the City Attorney is empowered to institute any appropriate action or proceedings to prevent violations of this Zoning Code, to restrain, correct or abate such violations, to prevent the occupancy of buildings, structures or land, or to prevent any illegal act, conduct, business or use in or about such premises. An appropriate action or proceeding shall include, but not be limited to, injunctive relief and any other appropriate action at law or in equity.