[Ord. No. 1383 §1100, 1-6-2003]
The Zoning Officer shall enforce this Development Code.
[Ord. No. 1383 §1101, 1-6-2003]
Any of the following shall be a violation of this Development
Code and of law and shall be subject to the remedies and penalties
provided in this Development Code, the City Code or the general Police
powers granted by Missouri law:
A.
Subdivision, Development Or Use Without Permit. To engage
in any subdividing, development, use, construction, remodeling or
other activity of any nature upon the land and improvements thereon
subject to the jurisdiction of this Development Code without all of
the required permits, approvals, certificates and other forms of authorization
required by this Development Code in order to conduct or engage in
such activity.
B.
Subdivision, Development, Use Or Sign Inconsistent With Permit. To engage in any development, use, construction, remodeling or other
activity of any nature in any way inconsistent with the terms and
conditions of any permit, approval, certificate or other form of authorization
required in order to engage in such activity.
C.
Subdivision, Development, Use Or Sign Inconsistent With Conditions. To violate, by act of omission, any term, conditions or qualification
placed by the Planning Commission, Board of Aldermen or Board of Zoning
and Adjustment, as applicable, upon a required permit, certificate
or other form of authorization granted by the Planning Commission,
Board of Aldermen or Board of Zoning and Adjustment to allow the use,
development, sign or other activity upon land or improvements thereon.
D.
Subdivision, Development Or Use Inconsistent With Development Code. By erecting, constructing, reconstructing, remodeling, altering,
maintaining, moving or using any building, structure or sign or by
using any land in violation or contravention of any zoning, subdivision,
sign or general regulation of this Development Code or any amendment
thereof.
E.
Making Lots Or Setbacks Non-Conforming. By reducing or diminishing
any lot area so that the setbacks or open spaces shall be smaller
than prescribed by this Development Code and the final plat or site
plan.
F.
Increasing Intensity Of Use. By increasing the intensity
of use of any land or structure, except in accordance with the procedural
and substantive requirements of this Development Code.
G.
Continuing Violations. By continuing any of the violations
of this Section, each day that a violation continues shall be considered
a separate offense.
H.
Removing, Defacing Or Obscuring Notice. By removing, defacing,
obscuring or otherwise interfering with any notice required by this
Development Code.
[Ord. No. 1383 §1102, 1-6-2003; Ord. No. 1712 §8, 7-5-2011]
The City shall have the following remedies and enforcement powers.
A.
Withhold Permits.
1.
The City may deny or withhold all permits, certificates or other
forms of authorization on any land or structure or improvements thereon
upon that there is an uncorrected violation of a provision of this
Development Code or of a condition or qualification of a permit, certificate,
approval or other authorization previously granted by the City. Instead
of withholding or denying an authorization, the City may grant such
authorization subject to the condition that the violation be corrected.
This enforcement provision shall apply regardless of whether the current
owner or applicant is responsible for the violation in question.
2.
The City may deny or withhold all permits, certificates or other
forms of authorization of any land or structure or improvements owned
or being developed by a person who owns, developed or otherwise caused
an uncorrected violation of a provision of this Development Code or
of a condition or qualification of a permit, certificate, approval
or other authorization previously granted by the City. This provision
shall apply regardless of whether the property that the permit or
other approval is sought is the property in violation.
B.
Revoke Permits. Any permit may be revoked when the Zoning
Officer determines: (1) that there is departure from the plans, specifications
or conditions as required under terms of the permit;(2) that the same
was procured by false representation or was issued by mistake; or,
(3) that any of the provisions of this Development Code are being
violated. Such revocation may also include certificates to occupy
or conduct business. Written notice of such revocation shall be served
upon the owner, the owner's agent or contractor or upon any person
employed on the building or structure that such permit was issued
or shall be posted in a prominent location; and, thereafter, no such
construction shall proceed. Such revocation may include certificate
to occupy or conduct business.
C.
Stop Work. With or without revoking permits, the City may
stop work on any building or structure on any land that there is an
uncorrected violation of a provision of this Development Code or of
a permit of other form of authorization issued hereunder in accordance
with its power to stop work under its Building Codes.
D.
Revoke Plan Or Other Approval. Where a violation of this
Development Code involves a failure to comply with approved plans
or conditions that the approval of such plans was made subject, the
Board of Aldermen may, upon notice to the applicant and other known
parties in interest (including any holder of building permits affected)
and after a public hearing, revoke the plan or other approval or condition
its continuance on strict compliance, the provision of security of
such other conditions as the Board of Aldermen may reasonably impose.
E.
Injunctive Relief. The City may seek an injunction or other
equitable relief in court to stop any violation of this Development
Code or of a permit, certificate or other form of authorization granted
hereunder.
F.
Abatement. The City may seek a court order in the nature
of mandamus, abatement, injunction or other action or proceeding to
abate or remove a violation or to otherwise restore the premises in
question to the condition that they existed prior to the violation.
G.
Penalties. The penalty for a violation of this Development Code shall be pursuant to Section 100.220(E)(2) of the Municipal Code of the City of Oak Grove, Missouri.
[Ord. No. 1858, 11-7-2016]
H.
Other Remedies. The City shall have such other remedies
as are and as may be from time to time provided by Missouri law and
the City Code for the violation of zoning, subdivision, sign or related
development Code provisions.
I.
Administrative Warrants. If the City seeks entrance onto a property to search for and/or abate violations of this Development Code, and the owner, occupant, or other person with lawful possession of the premises in question refuses such entrance, the City may request an administrative warrant pursuant to Section 130.135 of this Code, if such administrative warrant is required by law.
[Ord. No. 1383 §1103, 1-6-2003]
The remedies and enforcement powers established in this Article
shall be cumulative.
[Ord. No. 1383 §1104, 1-6-2003]
A.
Non-Emergency Matters. In the case of violations of this
Development Code that do not constitute an emergency or require immediate
attention, the Zoning Officer shall give notice of the nature of the
violation to the property owners or to any other person who is party
to the agreement or to any applicant for any relevant permit in the
manner hereinafter stated, after the persons receiving notice shall
have ten (10) days to correct the violation before further enforcement
action shall be taken. Notice shall be given in person, by United
States mail or by posting notice on the premises. Notices of violation
shall state the nature of the violation and the time period for compliance
and may state the corrective steps necessary and the nature of subsequent
penalties and enforcement actions should the situation not be corrected.
B.
Emergency Matters. In the case of violations of this Development
Code that constitute an emergency situation as a result of safety
or public concerns or violations that will create increased problems
or costs if not remedied immediately, the City may use the enforcement
powers available under this Article without prior notice, but the
Zoning Officer shall attempt to give notice simultaneously with beginning
enforcement action to the property owner, to any other person who
is party to the agreement and to applicants for any relevant permit.
[Ord. No. 1383 §1105, 1-6-2003]
A.
Other Powers. In addition to the enforcement powers specified
in this Article, the City may exercise any and all enforcement powers
granted to them by Missouri law as it may be amended from time to
time.
B.
Continuation. Nothing in this Development Code shall prohibit
the continuation of previous enforcement actions undertaken by the
City pursuant to previous and valid ordinances and laws.
[Ord. No. 1383 §1106, 1-6-2003]
All violations under the previously existing regulations that
exist within the City as of the effective date of this Unified Development
Code shall continue to be violations and shall not be considered to
be legal, non-conforming situations under this Unified Development
Code. The City shall have the authority to secure remedies for violations
of those regulations to the same extent that it may secure similar
remedies for violations of this Unified Development Code pursuant
to this Section.
