[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.
[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.
[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.
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)
