A.
Equitable
Relief. In addition to any other penalties established for violations
of any of the ordinances of the City and/or any provisions or Sections
of this Code, the City Manager and/or officials of the City responsible
for enforcement of any such ordinance or Code Section may apply to
a court of competent jurisdiction for such legal or equitable relief
as may be necessary to enforce compliance with the provisions of this
Code and any other ordinances adopted by the City. 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.
B.
Towing
Of Vehicles For Unpaid Parking Tickets.
1.
In addition to the authority to remove parked vehicles as provided
in this Code, any member of the Clayton Police Department shall have
the authority to incapacitate from movement under its own power or
tow any vehicle found on public property within the City of Clayton
having either:
2.
No person other than someone authorized by the Clayton Police Department
shall tow or move a vehicle that has been incapacitated under this
Section. Any person who enters a plea of guilty or is found guilty
of a violation of this provision shall be subject to a fine and/or
imprisonment in accordance with this Code.
3.
No vehicle shall be released to the owner until all delinquent penalties
are paid; provided, however, that the owner may submit evidence to
prove that the owner is indigent to the City’s designee and
if the owner is found to be indigent, the vehicle shall be released
to the owner, without payment of delinquent penalties, with notice
of a date to appear in Municipal Court relative to the unpaid parking
violations.
4.
Prior to the release of any vehicle towed or incapacitated under
this Section, the driver, owner or person in charge of such vehicle
shall pay an administrative fee of twenty-five dollars ($25.00). This
fee shall be in addition to any towing or storage costs which may
be incurred.
[1]
Editor's Note: Ord. No. 6626 also changed the title of this
Section from "Equitable Relief To Aid in Enforcement of Code Provisions"
to "Other Relief To Aid in Enforcement of Code Provisions."
[Ord. No. 6330 §1, 7-22-2014]
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 if the applicant or a related person or entity 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.
In acting on any new application or on any reapplication by an applicant
whose prior permit, license, franchise or other approval has been
denied, suspended, revoked or forfeited, the reviewing or enforcement
officer may consider past violations of relevant law by the applicant
or a related person or entity in considering whether to issue the
permit, license, franchise or approval requested by the applicant.
Taking into account the nature and character of the permit, license,
franchise or other requested approval in question and the need for
the City to rely on representations and/or future conduct by the applicant
when acting pursuant to the permit, license, franchise or other requested
approval by the City, the reviewing or enforcement officer may deny
the application or reapplication if the past violations of relevant
law are reasonably recent in time and of such character or magnitude
as to reasonably call into question the fitness of the applicant or
the City's ability to rely on representations and/or future conduct
by the applicant.
D.
If a permit, license, franchise or other approval has been denied,
suspended, revoked or forfeited, the applicant may not submit a new
application for one (1) year from the date of the denial, suspension,
revocation or forfeiture unless the reviewing or enforcement officer
finds that substantial new facts or a change in circumstances warrant
reconsideration; provided, however, that if the ordinances governing
the particular permit, license, franchise or other approval in question
prescribe a different disqualification period, those ordinances shall
govern.
E.
Any aggrieved applicant may appeal the decision of the reviewing
or enforcement officer to the City Manager within five (5) business
days of said decision. The City Manager may reverse or modify the
decision of the reviewing or enforcement officer, provided the applicant:
1.
Establishes an inability to effect compliance with any relevant
law because of the ownership structure of any pertinent related entity,
if the denial in question was due to conduct or circumstances of a
related person or entity; or
2.
Establishes that the applicant has not been charged with, or
is or, if applicable, was not in violation of any relevant law.
[Ord. No. 6530, 4-10-2018]
A.
APPLICANT
COSTS
OVERHEAD
Definitions. For purposes of this Section the following terms shall
have the meanings given in the following definitions.
Any person or entity who: (a) applies for any license, permit,
regulatory approval or other authorization required by the ordinances
of the City of Clayton; or (b) applies for, seeks or proposes any
economic development or redevelopment incentive, public-private partnership,
or other grant or benefit of any sort related to a proposed development
within the City, or (c) applies for or proposes adoption of any new
ordinance or amendment to any existing ordinance for the purpose of
enabling a course of conduct desired by the applicant.
All charges incurred or likely to be incurred by the City
for services rendered by any person or organization other than a City
employee in order to assist the City in acting upon any request of
an Applicant. Such services may, include, but are not limited to,
accounting, architectural, communications services, design, engineering,
environmental, financial, landscaping, land use, legal, parking, planning,
public engagement, public finance, technical code assessment, inspection
or enforcement, traffic, zoning and any other field of expertise,
professional judgment or specialized knowledge which the City, in
its sole judgment, seeks in order to assist in considering the request
of an Applicant.
Employee time, resources and expenses for things such as
(but not limited to) facilities and/or equipment rental, stenography,
mailing, security, publication, etc., expended or incurred by the
City in the course of acting on the request of an Applicant.
B.
It is the policy of the City of Clayton that an Applicant should
bear and reimburse to the City in a timely manner any and all Costs
and Overhead incurred by the City to assess, process, evaluate, act
upon, effectuate and, if necessary, litigate issues associated with
the request of an Applicant.
C.
If the City Manager determines that any fee, charge or payment previously
established by law for submitting or processing an application is
insufficient to adequately reimburse the City for Overhead and Costs
associated with the request of an Applicant, or if there is no pre-established
fee applicable to the request, the City Manager may determine, and
from time to time increase or decrease as circumstances may warrant,
the amount and terms of an escrow fund to be deposited with the City
by the Applicant to fully reimburse the City for Costs and Overhead
incurred or likely to be incurred in considering the request of an
Applicant.
D.
The City Manager shall notify the Applicant, in writing, of the amount
and terms of the required escrow fund or of any change in the required
amount of a previously established fund. The Applicant shall have
ten (10) days to make the required deposit and fund the escrow as
directed by the City Manager.
E.
The escrow arrangements shall include a process for periodic reimbursement
to the City for Costs and Overhead, notice of proposed reimbursement
and opportunity for the Applicant to dispute the amount of reimbursement,
and closure of the fund and return of unused funds to the Applicant.
F.
If an Applicant is aggrieved by a determination of the City Manager
as to initial establishment or terms of an escrow fund or one (1)
or more proposed expenditures from an established fund the Applicant
may appeal to the Board of Aldermen to review the City Manager's decision.
Any such appeal must be filed with the City Clerk, in writing, within
ten (10) days of the City Manager's decision and shall set forth all
reasons known to the Applicant as to wherein and why the decision
of the City Manager is in error. The Board of Aldermen may consider
the appeal in such manner as it deems appropriate and may affirm,
modify or reverse the decision appealed from. If an Applicant is aggrieved
by a decision of the Board of Aldermen the Applicant must submit a
written request for reconsideration to the City Clerk within five
(5) days of the date of the Board's decision. An Applicant aggrieved
by a decision of the Board of Aldermen on reconsideration may seek
review of that decision in the Circuit Court of St. Louis County within
fifteen (15) days of the Board's decision pursuant to the provisions
of Chapter 536, RSMo.
G.
If an Applicant fails to comply with the determination of the City Manager as to the establishment of an escrow fund or subsequent additions thereto in a timely manner, or if an Applicant appeals the City Manager's decision as to establishment or additional deposits to the Board of Aldermen, the City may suspend processing and consideration of the Applicant's request until the Applicant complies and/or the appeal is resolved. If there is a deadline for processing Applicant's request or application pursuant to the City's ordinances (such as, for instance, the time limit for Plan Commission action on conditional use permit applications pursuant to Section 405.820(C) of this Code of Ordinances) any such the time limit or deadline shall automatically be extended for so long as the Applicant is not in compliance or an appeal is pending.
[Ord. No. 6788, 12-13-2022]
A.
Policy. In order to protect the public interest, it is the policy
of the City to conduct business only with responsible persons. Debarment
and suspension are discretionary actions that, taken in accordance
with this Section, are appropriate means to implement this policy.
Debarment and suspension are serious actions which shall be used only
in the public interest and for the City's protection and not
for purposes of punishment.
B.
AFFILIATE
DEBARMENT
PARTICIPANT
PERSON
PRINCIPAL
PROPOSAL
SUSPENSION
TRANSACTION
VOLUNTARY EXCLUSION or VOLUNTARILY EXCLUDED
Definitions. For the purposes of this Section, unless the context
requires otherwise, the following terms shall mean:
Persons related to one another in such a manner that directly
or indirectly, either one controls or has the power to control the
other, or, a third person controls or has the power to control both.
Indicia of control include, but are not limited to: interlocking management
or ownership, identity of interests among family members, shared facilities
and equipment, common use of employees, or a business entity organized
following the suspension, debarment or voluntary exclusion of a person
which has the same or similar management, ownership, or principal
employees as the suspended, debarred, or voluntarily excluded person.
An action taken by the City in accordance with these regulations
to exclude a person from participating in transactions with the City.
A person so excluded is debarred.
Any person who submits a proposal or bid for, or enters into,
or reasonably may be expected to enter into, a transaction with the
City. This term also includes any person who acts on behalf of or
is authorized to commit a participant in a transaction as an agent
or representative of another participant.
Any individual, corporation, partnership, association, unit
of government or legal entity, however organized.
An officer, director, owner, partner, key employee, or other
person within a participant with primary management or supervisory
responsibilities; or a person who has a critical influence or substantive
control over a covered transaction, whether or not employed by the
participant.
A solicited or unsolicited bid, application, request, offer,
invitation to consider or similar communication by or on behalf of
a person seeking to participate or to receive a benefit, directly
or indirectly, in or under a transaction.
An action taken in accordance with this Article that immediately
excludes a person from participating in covered transactions for a
temporary period, pending completion of an investigation and such
legal or debarment proceedings as may ensue. A person so excluded
is suspended.
Any transaction between the City and a person for procurement
of goods and/or services, or public works contracts and any contract
for goods or services between a participant and a person, whose goods
or services are to be employed in a transaction with the City.
A status of nonparticipation or limited participation in
covered transactions assumed by a person pursuant to the terms of
a settlement.
C.
Grounds For Debarment. A person may be debarred from consideration
for award of contracts for any of the following reasons:
1.
Conviction of a criminal offense as an incident to obtaining
or attempting to obtain a public or private contract or subcontract,
or in the performance of such contract or subcontract.
2.
Conviction under State or Federal statutes of embezzlement,
theft, forgery, bribery, falsification or destruction of records,
receiving stolen property, or any other offense indicating a lack
of integrity or honesty which currently, seriously and directly affects
responsibility as a City contractor or vendor.
3.
Conviction under State or Federal antitrust statutes arising
out of the submission of bids or proposals.
4.
Failure without good cause to perform in accordance with contract
specifications or within the time limit provided in the contract.
5.
A recent record of failure to perform or of unsatisfactory performance
in accordance with the terms of one (1) or more contracts; provided
that failure to perform or unsatisfactory performance caused by acts
beyond the control of the contractor or vendor shall not be considered
a basis for debarment.
6.
The person is in arrears on any debt owed the City or has a
history of being chronically in arrears on debts owed the City or
attempting to obtain excessive or unwarranted payment or preference
from the City.
7.
Any other cause so serious and compelling as to affect responsibility
as a City contractor or vendor, including debarment by another governmental
entity.
D.
Procedure.
1.
Debarment shall be initiated by serving written notice of the
debarment to the person intended to be debarred. The notice shall
set forth the specific grounds for the debarment and advise the person
of the right to appeal. The notice shall be served by registered or
certified mail or by delivering a copy of the notice to the person
subject to debarment or the person's agent or employee. The debarment
shall take effect ten (10) days after service of the notice unless
an appeal is taken to the City Manager. If an appeal is taken, the
debarment shall not take effect until a final order upholding the
debarment is entered by the City Manager or until the appeal is dismissed
by the appellant.
2.
Within ten (10) days after service of a written notice of debarment,
the person affected by the notice may file a written request for a
hearing before the City Manager contesting the debarment.
3.
The City Manager shall give the appellant at least ten (10)
day notice of a hearing. At the hearing, the City and the appellant
shall have the right to call and examine witnesses, introduce exhibits,
cross-examine opposing witnesses and impeach any witness. Oral evidence
shall be taken on oath or affirmation. All evidence shall be suitably
recorded and preserved. The technical rules of evidence shall not
apply, but the City Manager may exclude evidence which is irrelevant
or repetitious. The City and appellant shall be entitled to present
oral arguments or written briefs at or after the hearing.
4.
The City Manager shall make written findings of fact and conclusions
of law and issue a final order. Findings of fact shall be based upon
competent and substantial evidence found in the record as a whole.
A copy of the City Manager's order, findings of fact and conclusions
of law, shall be delivered or mailed to the appellant.
5.
An appellant aggrieved by the decision of the City Manager may,
within five (5) days of the decision for which redress is sought,
file with the Board of Aldermen a written request for reconsideration
and appeal of any decisions of the City Manager under this Section.
The written request must set forth in a concise manner the decision
being appealed and all grounds known to the appellant as to wherein
and why the decision is allegedly in error. The request for reconsideration
and appeal must be filed with the City Clerk within five (5) days
of the date of the City Manager's decision. A copy of the request
and any supporting documents or materials filed by the appellant must
be served by the appellant party on the City Manager within three
(3) days of filing with the City Clerk. The Board of Aldermen may
consider the appeal on the record of the prior decision by the City
Manager or may, at its sole discretion, receive additional evidence
in such manner as it deems appropriate in light of the circumstances.
6.
Any appellant aggrieved by the final determination of the City
may file a petition for review pursuant to Chapter 536, RSMo., as
amended, in the Circuit Court of St. Louis County. Such petition shall
be filed within ten (10) days after the final determination.
E.
Effect Of Debarment. Except to the extent prohibited by law, persons
who are debarred or suspended by the City or by the State of Missouri
and their affiliates shall be excluded from transactions with the
City as either participants or principals for the period of their
debarment or suspension. Accordingly, the City shall not enter into
transactions with or involving such debarred or suspended persons
or their affiliates during such period.
F.
Length Of Debarment. Debarment shall be for a period commensurate
with the seriousness of the cause(s). If a suspension precedes a debarment,
the suspension period shall be considered in determining the debarment
period. Debarment generally should not exceed three (3) years; however,
where circumstances warrant, a longer period of debarment may be imposed.
G.
Voluntary Exclusion. The City may, at any time, settle a debarment
or suspension action when it determines that such settlement is in
the best interest of the City. Persons who accept voluntary exclusion
are excluded in accordance with the terms of their settlements.
[Ord. No. 6819, 3-14-2023]
The Board of Aldermen may make investigations into the affairs of the City and the conduct of any City department, office or agency, and for this purpose may subpoena witnesses, administer oaths, take testimony and require the production of evidence. Subpoenas issued in accordance with this Section may be issued pursuant to authority delegated by the Board of Aldermen or by a motion approved by a majority of the Members of the Board of Aldermen voting thereon and shall be signed by the Mayor, or in case of his or her absence or inability to act, by the official acting in such capacity if there is a vacancy in the office, and shall be attested by the City Clerk. Every such subpoena shall be served and return thereof made to the City Clerk in the same manner as provided by law for the service and return of subpoenas in civil actions in the Circuit Courts of this State. Such subpoenas may be enforced by applying to a judge of the St. Louis County Circuit Court for an order upon any witness who shall fail to obey a subpoena to show cause why such subpoena should not be enforced, which said order and a copy of the application therefor shall be served upon the witness in the same manner as a summons in a civil action, and if said court shall, after a hearing, determine that the subpoena should be sustained and enforced, said court shall proceed to enforce said subpoena in the same manner as though said subpoena had been issued in a civil case in the Circuit Court. Any person who shall, without reasonable cause, fail or refuse to comply with a subpoena or other lawful order issued pursuant to this Section, by or on behalf of and under the authority of the Board of Aldermen, shall be guilty of an ordinance violation, and, upon conviction thereof, shall be subject to the penalties as provided in Section 100.110 of the City Code.
