City of Hazelwood, MO
St. Louis County
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Table of Contents
Table of Contents
[Ord. No. 3911-07 §1, 12-19-2007]
Any action or inaction which violates the provisions of this Chapter or the requirements of an approved site plan or permit may be subject to the enforcement actions outlined in this Section. Any such action or inaction which is continuous with respect to time is deemed to be a public nuisance and may be abated by injunctive or other equitable relief. The imposition of any of the penalties described below shall not prevent such equitable relief.
[Ord. No. 3911-07 §1, 12-19-2007]
A. 
If the Public Works Department determines that an applicant or other responsible person has failed to comply with the terms and conditions of a permit, an approved site plan or the provisions of this Chapter, it shall issue a written notice of violation to such applicant or other responsible person. Where a person is engaged in activity covered by this Chapter without having first secured the appropriate permit therefore, the notice of violation shall be served on the owner or the responsible person in charge of the activity being conducted on the site. The notice of violation shall contain:
1. 
The name and address of the owner or the applicant or the responsible person;
2. 
The address or other description of the site upon which the violation is occurring;
3. 
A statement specifying the nature of the violation;
4. 
A description of the remedial measures necessary to bring the action or inaction into compliance with the permit, the approved site plan or this Chapter and the date for the completion of such remedial action;
5. 
A statement of the penalty or penalties that may be assessed against the person to whom the notice of violation is directed; and
6. 
A statement that the determination of violation may be appealed to the Public Works Department by filing a written notice of appeal within thirty (30) days after the notice of violation (except that in the event the violation constitutes an immediate danger to public health or public safety, twenty-four (24) hours notice shall be sufficient).
[Ord. No. 3911-07 §1, 12-19-2007]
A. 
In the event the remedial measures described in the notice of violation have not been completed by the date set forth for such completion in the notice of violation, any one (1) or more of the following actions or penalties may be taken or assessed against the person to whom the notice of violation was directed. Before taking any of the following actions or imposing any of the following penalties, the Public Works Department shall first notify the applicant or other responsible person in writing of its intended action and shall provide a reasonable opportunity of not less than ten (10) days (except that in the event the violation constitutes an immediate danger to public health or public safety, twenty-four (24) hours notice shall be sufficient) to cure such violation. In the event the applicant or other responsible person fails to cure such violation after such notice and cure period, the Public Works Department may take any one (1) or more of the following actions or impose any one (1) or more of the following penalties.
1. 
Stop work order. The Public Works Department may issue a stop work order which shall be served on the applicant or other responsible person. The stop work order shall remain in effect until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violation or violations described therein, provided the stop work order may be withdrawn or modified to enable the applicant or other responsible person to take necessary remedial measures to cure such violation or violations.
2. 
Withhold certificate of occupancy. The Public Works Department may refuse to issue a certificate of occupancy for the building or other improvements constructed or being constructed on the site until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein.
3. 
Suspension, revocation or modification of permit. The Public Works Department may suspend, revoke or modify the permit authorizing the land development project. A suspended, revoked or modified permit may be reinstated after the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein, provided such permit may be reinstated (upon such conditions as the Public Works Department may deem necessary) to enable the applicant or other responsible person to take the necessary remedial measures to cure such violations.
4. 
Civil penalties. In the event the applicant or other responsible person fails to take the remedial measures set forth in the notice of violation or otherwise fails to cure the violations described therein within ten (10) days (or such greater period as the Public Works Department shall deem appropriate) (except that in the event the violation constitutes an immediate danger to public health or public safety, twenty-four (24) hours notice shall be sufficient) after the Public Works Department has taken one (1) or more of the actions described above, the Public Works Department may impose a penalty not to exceed one thousand dollars ($1,000.00) (depending on the severity of the violation) for each day the violation remains unremedied after receipt of the notice of violation.
5. 
Criminal penalties. For intentional and flagrant violations of this Chapter, the citation may be issued by the City Hazelwood to the applicant or other responsible person, requiring such person to appear in City of Hazelwood Municipal Court to answer charges for such violation. Upon conviction, such person shall be punished by a fine not to exceed one thousand dollars ($1,000.00) or imprisonment for sixty (60) days or both. Each act of violation and each day upon which any violation shall occur shall constitute a separate offense.