[R.O. 2008 § 100.010; R.O. 2007 § 100.010; Ord. No. 1808 §3, 4-5-1990; Ord. No. 5084 § 1, 10-12-2006; Ord. No. 6296 § 1, 1-12-2017]
A.
Whenever in this Code or in any ordinance
of the City, or in any rule, regulation, notice, condition, term or
order promulgated by any officer or agency of the City under authority
duly vested in him/her or it, any act is prohibited or is declared
to be unlawful or an offense or misdemeanor or the doing of any act
is required or the failure to do any act is declared to be unlawful
or an offense or a misdemeanor, where no specific penalty is provided
therefor, the violation of any such provision of this Code or any
such ordinance, rule, regulation, order or notice shall be punished
by a fine not exceeding five hundred dollars ($500.00) or by imprisonment
not to exceed three (3) months, or by both such fine and imprisonment.
Exceptions:
1.
In any case wherein the penalty for
an offense is fixed by a Statute of the State, the statutory penalty,
and no other, shall be imposed for such offense.
3.
The punishment of a "minor traffic
violation" as defined by Section 479.350, RSMo., shall be subject
to the following provisions:
4.
The punishment of a municipal ordinance
violation for which penalties are authorized by Section 67.398, RSMo.
(nuisances), Section 71.285, RSMo. (high grass and weeds and litter
and debris nuisances), or Sections 89.120 and 89.490, RSMo. (zoning
violations), shall be subject to the following provisions:
a.
The maximum fine and court costs
that can be imposed for such violation shall be:
(1)
For the first violation
within any twelve-month period of time: two hundred dollars ($200.00).
(2)
For the second violation
within any twelve-month period of time: two hundred seventy-five dollars
($275.00).
(3)
For the third violation
within any twelve-month period of time: three hundred fifty dollars
($350.00).
(4)
For the fourth and any
subsequent violation within any twelve-month period of time: four
hundred fifty dollars ($450.00).
b.
Court costs shall be assessed against
such person unless the court finds that the defendant is indigent.
5.
A person shall not be placed in confinement
for failure to pay a fine unless such non-payment violates terms of
probation or unless the due process procedures mandated by Missouri
Supreme Court Rule 37.65 or its successor rule are strictly followed
by the Court.
B.
Except where otherwise provided, each and
every day any violation of this Code or any ordinance of the City
or any rule, regulation, order or notice promulgated by any officer
or agency of the City under authority duly vested in him/her or it
shall constitute a separate offense
C.
Whenever any act is prohibited by this
Code, by an amendment thereof, or by any rule or regulation adopted
thereunder, such prohibition shall extend to and include the causing,
securing, aiding or abetting of another person to do said act. Whenever
any act is prohibited by this Code, an attempt to do the act is likewise
prohibited.
D.
In case of the amendment by the City Council of any Section of such Code for which a penalty is not provided, the general penalty as provided in Subsection (A) of this Section shall apply to the Section as amended or, in case such amendment contains provisions for which a penalty other than the aforementioned general penalty is provided in another Section in the same Chapter, the penalty so provided in such other Section shall be held to relate to the Section so amended, unless such penalty is specifically repealed therein.
[R.O. 2008 § 100.011; R.O. 2007 § 100.011; Ord. No. 5084 § 1, 10-12-2006]
In addition to any other remedies
or penalties established for violations of any ordinance or Code Section
or any rule, regulation, notice, condition, term or order promulgated
by any officer or agency of the City under duly vested authority,
the City Official responsible for the enforcement of such ordinance,
Code Section, rule, regulation, notice, condition, term or order may,
on behalf of the City and after approval by the City Administrator,
apply to a court of competent jurisdiction for such legal or equitable
relief as may be necessary to enforce compliance with such ordinance,
Code Section, rule, regulation, notice, condition, term or order.
In such action the court may grant such legal or equitable relief,
including, but not limited to, mandatory or prohibitory injunctive
relief as the facts may warrant. Upon the successful prosecution of
any such action, the City may be awarded by the court reasonable attorney
fees as allowed by law.
[R.O. 2008 § 100.012; R.O. 2007 § 100.012; Ord. No. 5084 § 1, 10-12-2006]
A.
APPLICANT
RELATED PERSON OR ENTITY
1.
2.
3.
RELEVANT LAW
1.
2.
3.
For the purposes of this Section, the following
terms shall have the following meanings:
An individual or a corporation, firm, partnership, joint
venture, association, organization or entity of any kind, including
any shareholder, owner, officer, partner, joint venturer or member
of such entity or any other person holding an ownership interest in
such entity requesting any City permit, license, franchise or other
approval.
A firm, partnership, joint venture,
association, organization or entity of any kind in which the applicant
holds any stock, title or other ownership interest of at least twenty
percent (20%);
A firm, partnership, joint venture,
association, organization or entity of any kind which holds any stock,
title or other ownership interest in the applicant of at least twenty
percent (20%); or
An individual, firm, partnership,
joint venture, association, organization or entity of any kind whose
affairs the applicant has the legal or practical ability to direct,
either directly or indirectly, whether by contractual agreement, majority
ownership interest, any lessor ownership interest, familial relationship
or in any other manner.
Any Statute or regulation of the
United States or the State of Missouri;
Any ordinance or Municipal Code provision
of the City or any rule, regulation, notice, condition, term or order
promulgated by any officer or agency of the City under duly vested
authority of the City; or
Any final judgment or order of any
court of competent jurisdiction when a Statute, ordinance, Municipal
Code provision, rule, regulation, notice, condition, term, order or
judgment at issue regulates conduct or conditions germane to the issuance
of the requested permit, license, franchise or other approval as provided
by the applicable ordinance or Municipal Code provision of the City.
B.
In enforcing or administering the ordinances
of the City, no permit, license, franchise or approval of any kind
shall be granted to any applicant if the applicant or a related person
or entity is charged with or in violation of any relevant law until
such time as the applicant or the related person or entity resolves
the pending charge or comes into compliance with the relevant law.
C.
In acting on any new application or on
any reapplication by an applicant whose prior permit, license, franchise
or other approval has been denied, suspended, revoked or forfeited,
the reviewing or enforcement officer may consider past violations
of relevant law by the applicant or a related person or entity in
considering whether to issue the permit, license, franchise or approval
requested by the applicant. Taking into account the nature and character
of the permit, license, franchise or other requested approval in question
and the need for the City to rely on representations and/or future
conduct by the applicant when acting pursuant to the permit, license,
franchise or other requested approval by the City, the reviewing or
enforcement officer may deny the application or reapplication if the
past violations of relevant law are reasonably recent in time and
of such character or magnitude as to reasonably call into question
the fitness of the applicant or the City's ability to rely on representations
and/or future conduct by the applicant.
D.
If a permit, license, franchise or other
approval has been denied, suspended, revoked or forfeited, the applicant
may not submit a new application for one (1) year from the date of
the denial, suspension, revocation or forfeiture unless the reviewing
or enforcement officer finds that substantial new facts or a change
in circumstances warrants reconsideration; provided, however, that
if the ordinances governing the particular permit, license, franchise
or other approval in question prescribe a different disqualification
period, those ordinances shall govern.
E.
Any aggrieved applicant may appeal the
decision of the reviewing or enforcement officer to the City Administrator
within five (5) business days of said decision. The City Administrator
may reverse or modify the decision of the reviewing or enforcement
officer provided the applicant:
1.
Establishes an inability to effect
compliance with any relevant law because of the ownership structure
of any pertinent related entity, if the denial in question was due
to conduct or circumstances of a related person or entity; or
2.
Establishes that he/she has not been
charged with, nor is, if applicable, in violation of any relevant
law.
[Ord. No. 7001, 2-23-2023]
A.
Policy. In order to protect the public interest, it is the policy
of the City to conduct business only with responsible persons. Debarment
and suspension are discretionary actions that, taken in accordance
with this Section, are appropriate means to implement this policy.
Debarment and suspension are serious actions which shall be used only
in the public interest and for the City's protection and not
for purposes of punishment.
B.
AFFILIATE
DEBARMENT
PARTICIPANT
PERSON
PRINCIPAL
PROPOSAL
SUSPENSION
TRANSACTION
VOLUNTARY EXCLUSION or VOLUNTARILY EXCLUDED
Definitions. For the purposes of this Section, unless the context
requires otherwise, the following terms shall mean:
Persons related to one another in such a manner that directly
or indirectly, either one (1) controls or has the power to control
the other, or, a third person controls or has the power to control
both. Indicia of control include, but are not limited to: interlocking
management or ownership, identity of interests among family members,
shared facilities and equipment, common use of employees, or a business
entity organized following the suspension, debarment or voluntary
exclusion of a person which has the same or similar management, ownership,
or principal employees as the suspended, debarred, or voluntarily
excluded person.
An action taken by the City in accordance with these regulations
to exclude a person from participating in transactions with the City.
A person so excluded is "debarred."
Any person who submits a proposal or bid for, or enters into,
or reasonably may be expected to enter into, a transaction with the
City. This term also includes any person who acts on behalf of or
is authorized to commit a participant in a transaction as an agent
or representative of another participant.
Any individual, corporation, partnership, association, unit
of government or legal entity, however organized.
An officer, director, owner, partner, key employee, or other
person within a participant with primary management or supervisory
responsibilities; or a person who has a critical influence or substantive
control over a covered transaction, whether or not employed by the
participant.
A solicited or unsolicited bid, application, request, offer,
invitation to consider or similar communication by or on behalf of
a person seeking to participate or to receive a benefit, directly
or indirectly, in or under a transaction.
An action taken in accordance with this Chapter that immediately
excludes a person from participating in covered transactions for a
temporary period, pending completion of an investigation and such
legal or debarment proceedings as may ensue. A person so excluded
is "suspended."
Any transaction between the City and a person for procurement
of goods and/or services, or public works contracts and any contract
for goods or services between a participant and a person, whose goods
or services are to be employed in a transaction with the City.
A status of non-participation or limited participation in
covered transactions assumed by a person pursuant to the terms of
a settlement.
C.
Grounds For Debarment. A person may be debarred from consideration
for award of contracts for any of the following reasons:
1.
Conviction of a criminal offense as an incident to obtaining
or attempting to obtain a public or private contract or subcontract,
or in the performance of such contract or subcontract.
2.
Conviction under State or Federal statutes of embezzlement,
theft, forgery, bribery, falsification or destruction of records,
receiving stolen property, or any other offense indicating a lack
of integrity or honesty which currently, seriously and directly affects
responsibility as a City contractor or vendor.
3.
Conviction under State or Federal anti-trust statutes arising
out of the submission of bids or proposals.
4.
Failure without good cause to perform in accordance with contract
specifications or within the time limit provided in the contract.
5.
A recent record of failure to perform or of unsatisfactory performance
in accordance with the terms of one (1) or more contracts; provided
that failure to perform or unsatisfactory performance caused by acts
beyond the control of the contractor or vendor shall not be considered
a basis for debarment.
6.
The person is in arrears on any debt owed the City or has a
history of being chronically in arrears on debts owed the City or
attempting to obtain excessive or unwarranted payment or preference
from the City.
7.
Any other cause so serious and compelling as to affect responsibility
as a City contractor or vendor, including debarment by another governmental
entity.
D.
Procedure.
1.
Debarment shall be initiated by serving written notice of the
debarment to the person intended to be debarred. The notice shall
set forth the specific grounds for the debarment and advise the person
of the right to appeal. The notice shall be served by registered or
certified mail or by delivering a copy of the notice to the person
subject to debarment or the person's agent or employee. The debarment
shall take effect ten (10) days after service of the notice unless
an appeal is taken to the City Administrator. If an appeal is taken,
the debarment shall not take effect until a final order upholding
the debarment is entered by the City Administrator or until the appeal
is dismissed by the appellant.
2.
Within ten (10) days after service of a written notice of debarment,
the person affected by the notice may file a written request for a
hearing before the City Administrator contesting the debarment.
3.
The City Administrator shall give the appellant at least ten
(10) day notice of a hearing. At the hearing, the City and the appellant
shall have the right to call and examine witnesses, introduce exhibits,
cross-examine opposing witnesses and impeach any witness. Oral evidence
shall be taken on oath or affirmation. All evidence shall be suitably
recorded and preserved. The technical rules of evidence shall not
apply, but the City Administrator may exclude evidence which is irrelevant
or repetitious. The City and appellant shall be entitled to present
oral arguments or written briefs at or after the hearing.
4.
The City Administrator shall make written findings of fact and
conclusions of law and issue a final order. Findings of fact shall
be based upon competent and substantial evidence found in the record
as a whole. A copy of the City Administrator's order, findings
of fact and conclusions of law, shall be delivered or mailed to the
appellant.
5.
An appellant aggrieved by the decision of the City Administrator
may, within five (5) days of the decision for which redress is sought,
file with the City Council a written request for reconsideration and
appeal of any decisions of the City Administrator under this Section.
The written request must set forth in a concise manner the decision
being appealed and all grounds known to the appellant as to wherein
and why the decision is allegedly in error. The request for reconsideration
and appeal must be filed with the City Clerk within five (5) days
of the date of the City Administrator's decision. A copy of the
request and any supporting documents or materials filed by the appellant
must be served by the appellant party on the City Administrator within
three (3) days of filing with the City Clerk. The City Council may
consider the appeal on the record of the prior decision by the City
Administrator or may, at its sole discretion, receive additional evidence
in such manner as it deems appropriate in light of the circumstances.
6.
Any appellant aggrieved by the final determination of the City
may file a petition for review pursuant to Chapter 536, RSMo., as
amended, in the Circuit Court of St. Charles County. Such petition
shall be filed within ten (10) days after the final determination.
E.
Effect Of Debarment. Except to the extent prohibited by law, persons
who are debarred or suspended by the City or by the State of Missouri
and their affiliates shall be excluded from transactions with the
City as either participants or principals for the period of their
debarment or suspension. Accordingly, the City shall not enter into
transactions with or involving such debarred or suspended persons
or their affiliates during such period.
F.
Length Of Debarment. Debarment shall be for a period commensurate
with the seriousness of the cause(s). If a suspension precedes a debarment,
the suspension period shall be considered in determining the debarment
period. Debarment generally should not exceed three (3) years; however,
where circumstances warrant, a longer period of debarment may be imposed.
G.
Voluntary Exclusion. The City may, at any time, settle a debarment
or suspension action when it determines that such settlement is in
the best interest of the City. Persons who accept voluntary exclusion
are excluded in accordance with the terms of their settlements.
[R.O. 2008 § 100.015; Ord. No. 5408 § 1, 1-8-2009]
A.
In the construction of this Code and of
all ordinances of the City, the following principles of construction
shall be observed, unless it shall be otherwise expressly provided
in any Section or ordinances, or unless inconsistent with the manifest
intent of the Council, or unless the context clearly requires otherwise.
1.
Whenever any distance requirement
appears in the Code, the requisite distances between the relevant
facilities or land uses in question shall be measured by the straight
line distance between the nearest points of the exterior walls (exclusive
of overhangs) of the buildings within which the relevant facilities
or uses are located.
[R.O. 2008 § 100.020; R.O. 2007 § 100.020; Ord. No. 1184 § 31, 1-17-1985; Ord. No. 5500 § 1, 8-27-2009]
The Official Seal of the City of
O'Fallon shall be a metallic disc not more than two and one-half (2
1/2) inches in diameter with the words "City of O'Fallon, O'Fallon,
Missouri" and "Founded in 1856" engraved in the border, and the words"
Official Seal" and a graphic representation of the cupola on City
Hall engraved in the center.
