[CC 1997 §1-8; Ord. No. 804 §1, 8-5-1970; Ord.
No. 974-73 §1, 5-2-1973; Ord. No. 2819-97 §§5—6, 1-15-1997; Ord. No. 3261-01 §1, 6-6-2001]
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 one thousand dollars ($1,000.00)
or by imprisonment not to exceed ninety (90) days, or by both such
fine and imprisonment, but in any case wherein the penalty for an
offense is fixed by any Statute, the same penalty shall apply.
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provided in such other Section shall be held to relate to the Section so amended, unless such penalty is specifically repealed therein.
[Ord. No. 3261-01 §1, 6-6-2001]
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 Council, 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.
[Ord. No. 3261-01 §1, 6-6-2001; Ord. No. 3349-02 §1, 6-12-2002]
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 Code Section 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, Code Section, 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 Code
Section 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 warrant 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 Manager within five (5) business days of said
decision. The City Manager 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 the applicant has not been charged with, or is or,
if applicable, was not in violation of any relevant law.
