- ENFORCEMENT OF THE ORDINANCE
Section 9.1. The Building Inspector shall enforce this Ordinance; appeals from his decision may be taken to the Board of Appeals (see Part 8).
Section 9.2. No building may be undertaken in the city without a building permit and without an application having been made for an occupancy permit. Each application for a building permit shall be accompanied by a plat in duplicate, drawn to scale, showing the name of the person making the application; the actual dimensions of the lot to be built upon, as shown by a survey; the size, shape and location of the building to be erected; the location of city utilities and such other information as may be necessary to provide for the enforcement of this Ordinance. In addition to the above, a lot abutting a public street shall also show that the street has been dedicated and accepted for maintenance purposes by the city. If the city utilities and public streets have not been constructed and accepted by the city for maintenance purposes, a building permit may still be issued if the required improvements have been guaranteed, using one or more of the techniques prescribed in Appendix A, Section 5, of the General Ordinances of the City of Boonville, Missouri. A record of applications and plats shall be kept in the office of the Building Inspector. Building permits shall be posted in a conspicuous place while construction is going on.
(Ord. No. 2898, § 1, 11-21-88)
Section 9.3. Subsequent to the effective date of this Ordinance, no change in the use or occupancy of land, nor any change of use or occupancy in an existing building other than for single-family dwelling purposes, shall be made, nor shall any new building be occupied until a certificate of occupancy has been issued by the Building Inspector. Every certificate of occupancy shall state that the new occupancy complies with all provisions of this ordinance. No permit for excavation, for, or the erection or alteration of, any building shall be issued before the application has been made and approved for a certificate of occupancy and compliance, and no building or premises shall be occupied until such certificate and permit is issued. A record of all certificates of occupancy shall be kept on file in the office of the Building Inspector, and copies shall be furnished on request to any person having a proprietary or tenancy interest in land or a building affected by such certificate of occupancy.
Section 9.4. Where uncertainty exists with respect to the boundaries of the various districts as shown on the district map accompanying and made a part of this Ordinance, the following rules apply:
(a)
The district boundaries are either streets or alleys unless otherwise shown, and where the districts designated on the map accompanying and made a part of this ordinance are bounded approximately by street or alley lines, the street or alley shall be construed to be the boundary of the district.
(b)
Where the district boundaries are not otherwise indicated, and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be the lot lines, and where the districts designated on the district map accompanying and made a part of this ordinance are bounded approximately by lot lines, the lot lines shall be construed to be the boundary of the districts unless the boundaries are otherwise indicated on the map.
(c)
In subdivided property, the district boundary lines on the map accompanying and made a part of this ordinance shall be determined by use of the scale appearing on the map.
Section 9.5. In interpreting and applying the provisions of this ordinance, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity and general welfare.
It is not intended by this ordinance to interfere with or abrogate or annul any easements, covenants or other agreements between parties, except that if this ordinance imposes a greater restriction, this ordinance shall control.
The owner or agent of a building or premises in or upon which a violation of any provision of this Ordinance has been committed or shall exist, or the lessee or tenant of an entire building or entire premises in or upon which violation has been committed or shall exist, or the agent, architect, building contractor or any other person who commits, takes part in or assists in any violation or who maintains any building or premises in or upon which such violation shall exist, shall be guilty of a misdemeanor punishable by a fine of not less than $10.00 and not more than $100.00 for each and every day that such violation continues; but if the offense be willful, on conviction thereof, the punishment shall be a fine of not less than $50.00 nor more than $100.00 for each and every day that such violation shall continue or by imprisonment for ten days for each and every day such violation shall continue or by both such fine and imprisonment, at the discretion of the court. Any such person, having been served with an order to remove any such violation, failing to comply with said order within ten days after such notice or continuing to violate any provision of the regulations made under authority of this Ordinance in the respect named in such order, shall also be subject to a civil penalty of $250.00.
State Law reference— Zoning ordinance violations, RSMo 89.120.
- ENFORCEMENT OF THE ORDINANCE
Section 9.1. The Building Inspector shall enforce this Ordinance; appeals from his decision may be taken to the Board of Appeals (see Part 8).
Section 9.2. No building may be undertaken in the city without a building permit and without an application having been made for an occupancy permit. Each application for a building permit shall be accompanied by a plat in duplicate, drawn to scale, showing the name of the person making the application; the actual dimensions of the lot to be built upon, as shown by a survey; the size, shape and location of the building to be erected; the location of city utilities and such other information as may be necessary to provide for the enforcement of this Ordinance. In addition to the above, a lot abutting a public street shall also show that the street has been dedicated and accepted for maintenance purposes by the city. If the city utilities and public streets have not been constructed and accepted by the city for maintenance purposes, a building permit may still be issued if the required improvements have been guaranteed, using one or more of the techniques prescribed in Appendix A, Section 5, of the General Ordinances of the City of Boonville, Missouri. A record of applications and plats shall be kept in the office of the Building Inspector. Building permits shall be posted in a conspicuous place while construction is going on.
(Ord. No. 2898, § 1, 11-21-88)
Section 9.3. Subsequent to the effective date of this Ordinance, no change in the use or occupancy of land, nor any change of use or occupancy in an existing building other than for single-family dwelling purposes, shall be made, nor shall any new building be occupied until a certificate of occupancy has been issued by the Building Inspector. Every certificate of occupancy shall state that the new occupancy complies with all provisions of this ordinance. No permit for excavation, for, or the erection or alteration of, any building shall be issued before the application has been made and approved for a certificate of occupancy and compliance, and no building or premises shall be occupied until such certificate and permit is issued. A record of all certificates of occupancy shall be kept on file in the office of the Building Inspector, and copies shall be furnished on request to any person having a proprietary or tenancy interest in land or a building affected by such certificate of occupancy.
Section 9.4. Where uncertainty exists with respect to the boundaries of the various districts as shown on the district map accompanying and made a part of this Ordinance, the following rules apply:
(a)
The district boundaries are either streets or alleys unless otherwise shown, and where the districts designated on the map accompanying and made a part of this ordinance are bounded approximately by street or alley lines, the street or alley shall be construed to be the boundary of the district.
(b)
Where the district boundaries are not otherwise indicated, and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be the lot lines, and where the districts designated on the district map accompanying and made a part of this ordinance are bounded approximately by lot lines, the lot lines shall be construed to be the boundary of the districts unless the boundaries are otherwise indicated on the map.
(c)
In subdivided property, the district boundary lines on the map accompanying and made a part of this ordinance shall be determined by use of the scale appearing on the map.
Section 9.5. In interpreting and applying the provisions of this ordinance, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity and general welfare.
It is not intended by this ordinance to interfere with or abrogate or annul any easements, covenants or other agreements between parties, except that if this ordinance imposes a greater restriction, this ordinance shall control.
The owner or agent of a building or premises in or upon which a violation of any provision of this Ordinance has been committed or shall exist, or the lessee or tenant of an entire building or entire premises in or upon which violation has been committed or shall exist, or the agent, architect, building contractor or any other person who commits, takes part in or assists in any violation or who maintains any building or premises in or upon which such violation shall exist, shall be guilty of a misdemeanor punishable by a fine of not less than $10.00 and not more than $100.00 for each and every day that such violation continues; but if the offense be willful, on conviction thereof, the punishment shall be a fine of not less than $50.00 nor more than $100.00 for each and every day that such violation shall continue or by imprisonment for ten days for each and every day such violation shall continue or by both such fine and imprisonment, at the discretion of the court. Any such person, having been served with an order to remove any such violation, failing to comply with said order within ten days after such notice or continuing to violate any provision of the regulations made under authority of this Ordinance in the respect named in such order, shall also be subject to a civil penalty of $250.00.
State Law reference— Zoning ordinance violations, RSMo 89.120.