Blue Springs City Zoning Code
CHAPTER 410
Violations and Enforcement
Section 410.010 Responsibility For Enforcement.
[R.O. 1996 § 410.010; Ord. No. 4570 § 4, 10-5-2015]
This Development Code shall be enforced by the Director of Community Development.
Section 410.020 Types Of Violations.
[R.O. 1996 § 410.020; Ord. No. 4570 § 4, 10-5-2015; Ord. No. 4885, 2-3-2020]
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 and State law:
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.
Subdivision, Development Or Use 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.
Subdivision, Development Or Use Inconsistent With Conditions. To violate, by act or omission, any term, condition, or qualification placed by the Planning Commission, City Council or Board of Adjustment, as applicable, upon a required permit, certificate, or other form of authorization granted by the Planning Commission, City Council or Board of Adjustment to allow the use, development, or other activity upon land or improvements thereon.
Subdivision, Development Or Use Inconsistent With Development Code. To erect, construct, reconstruct, remodel, alter, maintain, move, or use any building, structure or sign, or to use any land in violation or contravention of any zoning, subdivision, sign or general regulation of this Development Code, or any amendment thereof.
Making Lots Or Setbacks Non-Conforming. To reduce or diminish 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.
Increasing Intensity Of Use. To increase the intensity of use of any land or structure, except in accordance with the procedural and substantive requirements of this Development Code.
Continuing Violations. To continue any of the violations of this Section. Each day that a violation continues shall be considered a separate offense.
Removing, Defacing Or Obscuring Notice. To remove, deface, obscure or otherwise interfere with any notice required by this Development Code.
Section 410.030 Remedies And Enforcement Powers.
[R.O. 1996 § 410.030; Ord. No. 4570 § 4, 10-5-2015]
The City shall have the following remedies and enforcement powers.
Withhold Permits.
The City may deny or withhold all permits, certificates or other forms of authorization on any land or structure or improvements thereon upon which 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.
The City may deny or withhold all permits, certificates or other forms of authorization on 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 for which the permit or other approval is sought is the property in violation.
Revoke Permits.
Any permit may be revoked when the Director of Community Development determines:
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 for which such permit was issued, or shall be posted in a prominent location; and, thereafter, no such construction shall proceed.
Stop Work. With or without revoking permits, the City may stop work on any building or structure on any land on which there is an uncorrected violation of a provision of this Development Code or of a permit or other form of authorization issued hereunder, in accordance with its power to stop work under its Building Codes.
Revoke Plan Or Other Approval. Where a violation of this Development Code involves a failure to comply with approved plans or conditions to which the approval of such plans was made subject, the City Council may, upon notice to the applicant and other known parties in interest (including any holders 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 or such other conditions as the City Council may reasonably impose.
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.
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 in which they existed prior to the violation.
Penalties. The penalty for a violation of this Development Code shall be governed by the general penalty provision of the City Code of the City of Blue Springs, Missouri, and the City may seek such criminal or civil penalties as are provided by Missouri law or Municipal Code.
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 Title IV provisions. In addition, it shall be unlawful, initially or subsequently, to occupy any building in which there has been a failure to comply with any permit, plans, specifications, or conditions required under the terms of the permit or any plan or other approval of the City of Blue Springs, or to maintain the building or site in non-conformance therewith, and in addition to penalties provided herein, the City may, at its option, prohibit, restrict, or revoke occupancy of the building by any person or entity, when the Director of Community Development determines that there has been any form of non-compliance.
Section 410.040 Remedies Cumulative.
[R.O. 1996 § 410.040; Ord. No. 4570 § 4, 10-5-2015]
The remedies and enforcement powers established in this Chapter shall be cumulative.
Section 410.050 Enforcement Procedures.
[R.O. 1996 § 410.050; Ord. No. 4570 § 4, 10-5-2015]
Non-Emergency Matters. In the case of violations of this Development Code that do not constitute an emergency or require immediate attention, the Director of Community Development shall give notice of the nature of the violation to the property owner or to any other person who is party to the agreement or to any applicant for any relevant permit in the manner hereafter stated, after which 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.
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 Chapter without prior notice, but the Director of Community Development 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.
Section 410.060 Other Enforcement Matters.
[R.O. 1996 § 410.060; Ord. No. 4570 § 4, 10-5-2015]
Other Powers. In addition to the enforcement powers specified in this Chapter, the City may exercise any and all enforcement powers granted to them by Missouri law, as it may be amended from time to time.
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.