City of Marshfield, MO
Webster County
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Table of Contents
Table of Contents

Section 435.010 Enforcement.

[R.O. 2014 §435.010; Ord. No. 201 §703, 11-14-1967]
It shall be the duty of the Building Inspector, or any designated deputy or inspector working under his/her direction, to enforce the provisions of this Title and to refuse to issue any permit for any building or structure or for the use of any premises which would violate any of the provisions hereof, and 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 this Title. In the event any permit is issued that is not in conformity with the provisions of these regulations such permit shall be null and void ab initio. Any building or structure erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land used in violation of this Title shall be deemed a Public Nuisance and said Building Inspector is hereby authorized and directed to institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use; to restrain, correct, or abate such violation and to prevent the occupancy of said building, structure or land; or to prevent any illegal act, conduct, or use in or about such premises.

Section 435.020 Non-Discrimination.

[R.O. 2014 §435.020; Ord. No. 201 §712, 11-14-1967]
Nothing contained herein shall be construed as authorizing the Legislative Body to discriminate against any person by reason of race, color, creed, religion, sex or national origin.

Section 435.030 Reasonableness of Code.

[R.O. 2014 §435.030; Ord. No. 201 §713, 11-14-1967]
Any taxpayer or any other person having an interest in property affected by this Title, may have the reasonableness of this Title determined by bringing an action, in the Circuit Court of Webster County, against the Board of Aldermen of the City of Marshfield.

Section 435.040 Violations and Penalty.

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 this Title, or any amendments thereto, or in violation of Sections 89.010 to 89.140, RSMo., or in violation of any ordinance or other regulations made under authority conferred hereby, the authorities of the City of Marshfield may, in addition to other remedies, institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alterations, 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 of this Title or any regulations made under authority of Sections 89.010 to 89.140, RSMo.
B. 
The owner or general agent of a building or premises where a violation of any provision of this Title 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 the 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 by a fine of not less than ten dollars ($10.00) and not more than two hundred fifty dollars ($250.00) 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., for the second and subsequent offenses involving the same violation at the same building or premises, the punishment shall be a fine of not less than one hundred dollars ($100.00) or more than five hundred dollars ($500.00) 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.
C. 
Any such person who, having been served with an order to remove any such violation, shall fail to comply with said order within ten (10) days after such service or shall continue to violate any provision of this Title or any 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). (RSMo. §89.120)