[R.O. 2012 §100.220; CC 1975 §1-8; Ord. No. 471 §1, 11-7-2000; Ord. No. 485 §1, 4-9-2001]
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, misdemeanor
or ordinance violation, or the doing of any act is required or the
failure to do any act is declared to be unlawful or an offense, a
misdemeanor or ordinance violation, 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.
[R.O. 2012 §100.221; Ord. No. 478 §1, 1-2-2001; Ord.
No. 485 §1, 4-9-2001]
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.
[R.O. 2012 §100.222; Ord. No. 485 §1, 4-9-2001]
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
1.
Who is charged with, or in violation of, any relevant law, or
2.
Who is related to or associated with a related person or entity who
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.
The
reviewing or enforcement officer may consider past violations of relevant
law by an applicant or a related person or entity in considering whether
to issue a permit, license, franchise or approval requested by an
applicant.
D.
The
reviewing or enforcement officer may refuse to accept the refiling
of a denied application for one (1) year from the date of the denial
unless the officer finds that the application has been substantially
revised, or that substantial new facts or change in circumstances
warrant reapplication.
E.
Any
aggrieved applicant may appeal the decision of the reviewing or enforcement
officer to the City Administrator within five (5) business days of
said decision. The City Administrator may reverse or modify the decision
of the reviewing or enforcement officer provided the applicant
1.
Establishes a good faith effort to effect compliance with this Section
and any relevant law, or if applicable, an inability to do so because
of the ownership structure of any pertinent related entity, or
2.
Establishes that the applicant has not been charged with, or is not
in violation of, any relevant law.
