[Ord. No. 1364 §§1, 3, 11-19-1997; Ord. No. 1554 §§1 — 3, 11-12-2002; Ord. No. 1959 §1, 1-14-2009; Ord. No. 2058 §1, 12-8-2010]
A.
A certain
document, one (1) copy of which is on file in the office of the Building
Inspector of the City of Plattsburg, being marked and designated as
the International Fire Code, 2021 Edition, including all Appendix
Chapters and all future amendments of or revisions to such code, as
published by the International Code Council, be and is hereby adopted
as the Fire Code of the City of Plattsburg in the State of Missouri
for regulating and governing the safeguarding of life and property
from fire and explosion hazards arising from the storage, handling
and use of hazardous substances, materials, devices and from conditions
hazardous to life or property in the occupancy of buildings and premises
as herein provided; providing for the issuance of permits and collection
of fees therefor; and each and all of the regulations, provisions,
penalties, conditions and terms of said Fire Code on file in the office
of the City of Plattsburg are hereby referred to, adopted and made
a part hereof, as if fully set out in this Section, with the additions,
insertions, deletions and changes, if any, which are on file in the
office of the Building Inspector.
[Ord. No. 2262 §1, 11-12-2015; Ord.
No. 2441, 4-14-2022]
B.
Penalties.
1.
Any person, firm or corporation, whether as principal, owner, agent,
tenant, employee or otherwise, who violates any provisions of this
Title or violates or fails to comply with any order or regulation
made hereunder, shall be guilty of an infraction and upon conviction
thereof shall be punishable by a fine of not less than fifty dollars
($50.00) or not more than five hundred dollars ($500.00) or by imprisonment
not to exceed ninety (90) days, or by both such fine and imprisonment.
Each day's continuance after due notice has been served shall be deemed
a separate offense.
2.
If, upon a trial for the violation of any Section of this Title or
any part thereof, the Judge of the Municipal Court shall find that
a violation exists and that the defendant has had proper notice as
provided in this Title and that the defendant has failed to abate
the violation, the Judge of the Municipal Court may, in addition to
the penalty for violating this Title, make an order directing the
Code Official to abate such violation forthwith and immediately report
the expense thereof to the Judge of the Municipal Court, who may,
as part of the cost of such prosecution, render judgment against the
owner or occupant of the property and against the property on which
said violation is committed and a special tax bill may be issued against
said property of the expenses which shall be collected as other fines
and costs; provided that if the person who shall violate, neglect,
fail or refuse to comply with any provision, regulation or requirement
of this Title is a non-resident, the Code Official may immediately
abate the nuisance and report the expense thereof to the Judge of
the Municipal Court and the owner of such lands shall be civilly liable
to the City for such costs.
3.
Any person who shall continue any work after having been served with
a stop work order, except such work as that person is directed to
perform to remove a violation or unsafe condition, shall be liable
to a fine of not less than fifty dollars ($50.00) nor more than five
hundred dollars ($500.00) or by imprisonment not exceeding ninety
(90) days, or by both such fine and imprisonment. Each day that a
violation continues after due notice has been served shall be deemed
a separate offense.
[Ord. No. 1050 §2, 8-11-1970; Ord.
No. 2474, 4-10-2023]
The application of the above penalties shall not be held to
prevent the enforced removal of prohibited conditions.
[Ord. No. 1050 §3, 8-11-1970]
[Ord. No. 1050 §4, 8-11-1970]
[Ord. No. 1050 §6, 8-11-1970]
The limits referred to in the Fire Prevention Code, in which
storage of explosives and blasting agents is prohibited, are hereby
established as follows: The City limits of the City of Plattsburg.
[Ord. No. 1050 §7, 8-11-1970; Ord.
No. 2474, 4-10-2023]
The Building Inspector shall, with the approval of the City
Administrator, have the power to grant a variance in regards to any
of the provisions of the Fire Prevention Code upon application, in
writing, by the owner or lessee, or his/her duly authorized agent,
when there are practical difficulties in the way of carrying out the
strict letter of the Code, provided that the spirit of the Code shall
be observed, public safety secured, and substantial justice done.
The particulars of such variance, when granted, and the decision of
the Building Inspector thereon shall be entered upon the records of
the City and a letter clearly defining the nature of the variance
granted as well as any restrictions or limitations of said variance,
shall be sent to the applicant.
[Ord. No. 1050 §8, 8-11-1970; Ord.
No. 2474, 4-10-2023]
Whenever the Building Inspector or the City Administrator shall
disapprove an application, refuse to grant a permit applied for, or
deny a request for a variance, or when it is claimed that the provisions
of the Code do not apply or that the true intent and meaning of the
Code have been misconstrued or wrongly interpreted, the applicant
may appeal from the decision of the Board of Adjustments within thirty
(30) days from the date of the decision for which an appeal is being
sought.
[1]
Editor's Note: Former Section 525.080, New Materials, Processes
or Occupancies Which May Require Permits, was repealed 4-10-2023 by
Ord. No. 2474. Prior history includes Ord. No. 1050.
[Ord. No. 1050 §10, 8-11-1970]
A.
Any
person who shall violate any of the provisions of the Code hereby
adopted or fail to comply therewith, or who shall violate or fail
to comply with any order made thereunder, or who shall build in violation
of any detailed statement or specifications or plans submitted and
approved thereunder, or any certificate or permit issued thereunder,
and from which no appeal has been taken, or who shall fail to comply
with such an order as affirmed or modified by the Chief of the Bureau
of Fire Prevention or by a court of competent jurisdiction, within
the time fixed herein, shall severally for each and every such violation
and non-compliance respectively, be guilty of a misdemeanor, punishable
by a fine of not less than ten dollars ($10.00) nor more than one
hundred dollars ($100.00) or by imprisonment, or by both such fine
and imprisonment. The imposition of one (1) penalty for any violation
shall not excuse the violation or permit it to continue; and all such
persons shall be required to correct or remedy such violations or
defects within a reasonable time; and when not otherwise specified,
each ten (10) days that prohibited conditions are maintained shall
constitute a separate offense.
B.
The
application of the above penalty shall not be held to prevent the
enforced removal of prohibited conditions.
