[Ord. No. 2974 §1(Art. 7 §111), 11-2-2004]
Whenever the Administrator receives a written, signed and sworn
complaint alleging a violation of these regulations, his/her office
shall investigate the complaint to the extent deemed necessary by
said official, take whatever action is warranted and inform the complainant
in writing what actions have been or will be taken.
[Ord. No. 2974 §1(Art. 7 §112), 11-2-2004]
The owner, tenant or occupant of any building or land or part
thereof and any architect, builder, contractor, agent or other person
who participates in, assists, directs, creates or maintains any situation
that is contrary to the requirements of these regulations may be held
responsible for the violation and suffer the penalties and be subject
to the remedies herein provided.
[Ord. No. 2974 §1(Art. 7 §113), 11-2-2004]
A.
If the Administrator finds that any provision of these regulations
is being violated, he/she shall send a written notice to the person
responsible for such violation, indicating the nature of the violation
and ordering the action necessary to correct. Additional written notices
may be sent at the Administrator's discretion. For the purpose of
enforcing compliance with the zoning provisions of these regulations,
the Administrator shall issue such notices or orders as may be necessary.
B.
The final written notice (and the initial notice may be the final notice) shall state what action the Administrator intends to take if the violation is not corrected and shall advise that the decision or order may be appealed to the Board of Adjustment in accordance with Section 400.395.
C.
In the event a violation is noted which involves the erection, construction,
reconstruction, enlargement, alteration or repair of a building or
structure without a building permit, the Administrator will verify
that such activity is not in violation with provisions of these regulations
or in violation of any conditional use permit provisions, if applicable.
After verification by the Administrator that no other violations exist
under these regulations, then the violation, without further investigation,
will be referred to the appropriate agency for review.
D.
Notwithstanding the foregoing, in cases when delay would seriously threaten the effective enforcement of these regulations or pose a danger to the public health, safety or welfare, the Administrator may seek enforcement without prior notice by invoking any of the penalties or remedies authorized in Section 400.450.
[Ord. No. 2974 §1(Art. 7 §114), 11-2-2004]
A.
In accordance with and by virtue of the provisions of Sections 89.120
and 89.490, RSMo., any owner, lessee, lessor or tenant of land located
within the incorporated area covered or affected by the provisions
of this regulations, who violates any of the provisions hereof shall
be guilty of a misdemeanor. Upon conviction of same, any said party
shall be punished by virtue of Sections 89.120 and 89.490, RSMo.,
regulating fines and imprisonment of anyone convicted of a misdemeanor.
B.
Any act constituting a violation of the provisions of these regulations or a failure to comply with its requirements, including violations of any conditions and safeguards established in connection with the grants of variances or conditional use permits, shall also subject the offender to a civil penalty of fifty dollars ($50.00). If the offender fails to pay this penalty within ten (10) days after being cited for a violation, the penalty may be recovered by the City in a civil action in the nature of debt. A civil penalty may not be appealed to the Board of Adjustment if the offender was sent a final notice of violation in accordance with Section 400.448 and did not take an appeal to the Board of Adjustment within the prescribed time.
C.
These regulations may also be enforced by any appropriate civil action,
including injunctions.
D.
Each day a violation continues after notification by the Administrator
that such a violation exists shall be considered a separate offense
for purposes of the penalties and remedies specified in this Section.
E.
Any one, all or any combination of the foregoing may be used to enforce
the provisions of these regulations.
[Ord. No. 2974 §1(Art. 7 §115), 11-2-2004]
A.
A zoning, sign or conditional use permit may be revoked (in accordance
with the provisions of this Section) if the permit recipient fails
to develop or maintain the property in accordance with the plans submitted,
the requirements of these regulations or any additional requirements
lawfully imposed by the permit issuing authority.
B.
If the recipient of a conditional use permit appeals the decision of non-compliance made by the Administrator, then all the notice and hearing and other requirements of Article VI shall be complied with. The notice shall inform the permit recipient of the alleged grounds for the revocation.
1.
The burden of presenting evidence sufficient to authorize the Board of Adjustment to conclude that the permit recipient is in non-compliance for any of the reasons set forth in Subsection (A) shall be upon the party advocating that position. The burden of persuasion shall also be upon that party.
2.
A motion to revoke a permit shall include, insofar as practicable,
a statement of the specific reasons or findings of fact that support
the motion.
C.
Before a zoning or sign permit may be revoked, the Administrator
shall give the permit recipient fifteen (15) days' notice of intent
to revoke the permit and shall inform the recipient of the alleged
reasons for the revocation and of his/her right to obtain an informal
hearing on the allegations. If the permit is revoked, the Administrator
shall provide to the permittee a written statement of the decision
and the reasons therefor.
D.
No person may continue to make use of land or buildings in the manner
authorized by any zoning, sign or conditional use permit after such
permit has been revoked in accordance with this Section.
[Ord. No. 2974 §1(Art. 7 §116), 11-2-2004]
A.
Every decision of the Board of Aldermen granting or denying a rezoning
request and every final decision of the Board of Adjustment shall
be subject to review by the Circuit Court by proceedings in the nature
of certiorari.
B.
The petition for the writ of certiorari must be filed with the Clerk
of Circuit Court within thirty (30) days after the later of the following
occurrences:
C.
A copy of the writ of certiorari shall be served upon the City.
