(a)

Board of adjustment. A board of adjustment, hereinafter called the board, is hereby created, such board to be appointed by the mayor subject to the approval of the city council. As further described below, the board of adjustment is responsible for the consideration of appeals relating to a determination by the administrative official in the enforcement of this chapter (see subsection (c)), zoning variances (see subsection (d), and conditional use permits (see subsections (e), (f), and (g)).

(1)

Appointment of members and alternates. The board of adjustment shall consist of five members and two alternates, all of whom shall be residents of the city. The alternate member(s) shall act with full power as a member of the board when a member of the board is disqualified because of a conflict or is excused from serving for any other reason.

(2)

Term of service. From the enactment of this chapter all newly appointed members and alternates shall be appointed for terms of five years each.

(3)

Removal. All members shall be removable for cause by the appointing authority, upon written charges and after public hearings.

(4)

Vacancies. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant.

(5)

Board chairperson and rules. The board shall elect its own chairman who shall serve for one year. The board shall adopt rules in accordance with the provisions of any ordinance adopted pursuant to RSMo 89.010—89.140, as amended.

(6)

Meetings and procedures; keeping of minutes. Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. Such chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member upon questions, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the city clerk and shall be a public record. All testimony, objections thereto and rulings thereon, shall be taken down by a reporter employed by the board for that purpose.

(7)

Bylaws. The board may adopt their own rules of meeting procedures consistent with this title and the applicable state statutes. The board may select such officers as they deem necessary. The chairperson, or in his/her absence the vice chairperson may administer oaths to witnesses.

(8)

Recoupment of costs. The board of adjustment of the city is hereby authorized, empowered and directed to make a rule requiring all persons, firms, or corporations, other than the city, its departments or its officials in discharge of their duties, to pay all costs of actions or hearings initiated by them before the board of adjustment, and to further require that a deposit be made in an amount to be set by them to secure said costs, and the board of adjustment is authorized and directed to dismiss any action, petition or request before them if the person, firm or corporation requesting the said action fails to make the required deposit.

(9)

Vote required to reverse orders effect variations, etc. The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under any such ordinance, or to effect any variation in such ordinance.

(10)

Appeals to circuit court. Any person or persons jointly or severally aggrieved by any decision of the board of adjustment, or any officer, department, board or bureau of the municipality, may present to the circuit court of Callaway County, a petition, duly verified, setting forth that such decision is illegal in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within 30 days after the filing of the decision in the office of the board. Upon the presentation of such petition, the court may allow a writ of certiorari, a writ issuing from a superior court calling for the records of an inferior court or to remove a case from a case below, directed to the board, to review such decision of the board, and shall prescribe therein the time within which a return thereto must be served upon the court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the board and on due cause shown, grant a restraining order.

(b)

Powers of the board of adjustment. The board of adjustment shall have the following powers:

(1)

To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of this chapter.

(2)

To hear and decide all matters referred to it or upon which it is required to pass under this chapter.

(3)

In passing upon appeals, where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of such ordinances, to vary or modify the application of any of the regulations or provisions of such ordinance relating to the use, construction or alteration of buildings or structures, or the use of land, so that the spirit of the ordinance shall be observed, public safety and welfare secured and substantial justice done. In exercising the above-mentioned power, such board may, in conformity with the provisions of this chapter, reverse or affirm wholly or partly, or may modify the order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the building inspector.

(c)

Appeals to the board of adjustment.

(1)

Appeal of building inspector decisions to board of adjustment. Appeals to the board of adjustment may be taken by any person aggrieved, or by any officer, department, board or bureau of the municipality affected by any decision of the building inspector. Such appeal shall be taken within a reasonable time, as provided by the rules of the board, by filing with the building inspector and with the board a notice of appeal specifying the grounds thereof. The building inspector shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken.

(2)

Staying of further action pending appeal. An appeal stays any further action on activities covered by the permit, unless the building inspector certifies to the board, after the notice of appeal shall have been filed with him or it, that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, specific actions pursuant to the permit as shall be deemed necessary by the building inspector to prevent peril to life or property shall not be stayed otherwise than by restraining order, which may be granted by the board or by a court of record, on an application or notice to the building inspector and on due cause shown. The board shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney.

(d)

Zoning variances. A variance is a relaxation of the requirements of this title as applicable to a particular lot, structure or use in relation to placement, setbacks, lot coverage, and height requirements.

(1)

Authorization. In order that the spirit of this zoning code be observed, and substantial justice done, the zoning board of adjustment shall, upon application or appeal determine and vary the terms thereof by making a finding of fact that, owing to special conditions, a literal enforcement of the provisions of this chapter would result in unnecessary hardship.

(2)

In presenting any application for a variance, the applicant shall clearly establish that, as a practical matter, the property cannot be used for a permitted use without coming into conflict with restrictions of the zoning chapter. The following five criteria shall be considered by the board of adjustment:

a.

There is a demonstrated unnecessary hardship which is defined by the following criteria:

1.

The land in question cannot yield a reasonable return if used only for a use permitted in the zone in which it is located;

2.

The owner's plight is due to unique and not to general neighborhood considerations; and

3.

The granting of the variance would not alter the essential character of the locality.

b.

Relief is necessary because of the unique character of the property;

c.

Granting the variance will not destroy the preservation of the comprehensive plan;

d.

Granting the variance will result in substantial justice.

e.

The applicant has met the burden of proof that the harm complained of in the variance application is not the result of self-inflicted hardship.

(e)

Conditional use permits. Power to grant conditional use permit. The board of adjustment has the power to hear and decide upon applications for conditional use permits specifically listed in the district regulations of this chapter. Before authorizing the issuance of such a conditional use permit, the board may impose such conditions as will, in the board's judgment, ensure that:

(1)

The establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare;

(2)

The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood;

(3)

The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district;

(4)

Adequate utilities, access roads, drainage and/or other necessary facilities will be provided;

(5)

The conditional use shall in all other respects conform to the applicable regulations of the district in which it is located and the board shall find that there is a public necessity for the conditional use.

(f)

Application process for conditional use permits and zoning variances. The application process for conditional use permits and variances to the zoning code shall be as follows:

(1)

An application shall be submitted to the zoning official at least four weeks prior to a regular meeting of the board of adjustment, with the following information:

a.

An application form, copies of which are available in the zoning official's office. For conditional use permit applications, the application form shall include a statement from the applicant as to why a conditional use permit is needed. For zoning variances, the application form shall include a statement from the applicant as to why a variance is needed and how the five criteria in subsection 120-231(d)(2) have been met.

b.

A check made payable to the city in an amount determined by the city council found on the city's schedule of fees. Fees will include postage costs of mailing certified hearing notices to the first ten property owners within 185 feet of the proposed rezoning. Applicant will be charged for all postage costs of mailing certified hearing notices thereafter.

c.

For zoning variances, an accurate legal description shall be provided. For conditional use permits, the street address and parcel identification number shall be provided.

d.

The city will provide the following documents if applicable:

1.

Complete dimensions of property(ies) for which rezoning is requested.

2.

Names of all owners or property within 185 feet of the boundary of area(s) to be considered for rezoning.

3.

Present zoning and generalized land use on tract(s) in question and all adjacent tracts.

4.

The size and location of all exiting utilities and easements, including storm sewers across the particular tract(s) of land, and indication of how property is to be served if utilities are not available on the tract(s).

5.

All adjacent streets and alleys, including names and width of dedications.

6

North point, scale, and date.

7.

Any other information requested by the zoning official.

(2)

After the zoning official has determined that the application and supporting documents meet all application requirements, a public hearing will be set by the zoning official for the board of adjustment at their next regular meeting.

(3)

At least 15 days prior to the public hearing before the board of adjustment, the zoning variance or conditional use permit is advertised in a daily newspaper, and subject property is posted by the zoning official.

(4)

The applicant and all owners of property within 185 feet of the subject property shall be notified by certified mail of the time and place of the public hearing before the board of adjustment.

(5)

At the meeting of the board of adjustment at which the public hearing is held, all interested parties should be present.

(6)

Upon conclusion of the public hearing, the board of adjustment shall act upon the conditional use permit or zoning variance as follows:

a.

Conditional use permits. The board of adjustment shall make a recommendation to the city council to approve, deny, or approve with conditions on every conditional use permit request after the public hearing. The board may provide such conditions or restrictions upon the construction, location and operations for a conditional use, including, but not limited to provisions for the protection of adjacent property, the expiration of such conditional use after a specified period of time, off-street parking and loading, as may be deemed necessary to secure the general objectives of this zoning code, and to reduce injury to the value of the property in the neighborhood.

b.

Action by the city council. The city council shall act on every conditional use permit application, taking into particular account the recommendation(s) and/or conditions of approval of the board of adjustment.

c.

Zoning variances. The board of adjustment shall render a decision on every variance request after the public hearing. In accordance with state law, the board of adjustment shall specify the terms of relief granted (if any) in one statement and their findings of fact shall clearly indicate the board's reasons for granting or denying any requested variance.

(7)

Unless a decision is otherwise appealed per subsection 120-231(a)(10) appeals, the board of adjustment determination on zoning variances shall be final.

(g)

Transfer of conditional use permit. A conditional use permit is issued for a specified zoning lot or lots and shall only be allowed to be transferred to another occupant or owner, as follows:

(1)

All requests for transfers must be filed on an application form available through the appropriate city department.

(2)

Substantial transfers. All substantial transfers shall be subject to review and approval by the board of adjustment under the terms of section 120-231(g) substantial transfers include, but are not limited to:

a.

A transfer involving a more intensive use on the subject property;

b.

Other changes deemed to represent a substantial change by the zoning administrator and public works director.

c.

The trend of development in the area surrounding the subject property necessitates further review of the proposed conditional use.

(3)

Unsubstantial transfers. Unsubstantial transfers will be subject to review and approval by the building official and public works director. Unsubstantial transfers represent minor changes from the provisions of the originally approved special use permit and may include:

a.

Transfer of ownership not effecting the intensity of the use;

b.

Other changes deemed to represent an unsubstantial change by the building official and public works director.

(h)

Return of application materials. The board shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof, or of such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent, and material to show the grounds of the decision appealed from, and shall be verified. If, upon the hearing, it shall appear to the court that testimony is necessary for proper disposition of the matter, it may take additional evidence or appoint a referee to take such evidence as it may direct and report the same to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall he made. The court may reverse or affirm, wholly or partially, or may modify the decision brought up for a review. Costs shall not be allowed against the board unless it shall appear to the court that it acted with gross negligence or in bad faith or with malice in making the decision appealed from.

(a)

Building inspector.

(1)

Duties. It shall be the duty of the building inspector to enforce this chapter. The building inspector shall receive applications required by this chapter, issue permits and furnish the prescribed certificates. The building inspector shall examine premises for which permits have been issued, and shall make necessary inspections to see that the provisions of law are complied with. The building inspector shall enforce all laws relating to the construction, alteration, repair, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, except as may be otherwise provided for. The building inspector shall, when requested by the mayor or council, or when the interests of the municipality so require, make investigations in connection with matters referred to in this chapter and render written reports on the same. For the purpose of enforcing compliance with law, the building inspector shall issue such notices or orders as may be necessary.

(2)

Inspections. Inspections shall be made by the building inspector or a duly appointed assistant.

(3)

Rules. For carrying into effect its provisions, the building inspector may adopt rules consistent with this chapter.

(4)

Records. The building inspector shall keep careful and comprehensive records of applications, of permits issued, of certificates issued, of inspections made, or reports rendered, and of notices or orders issued. The building inspector shall retain on file copies of all papers in connection with building work, so long as any part of the building or structure to which they relate may be in existence. All such records shall be open to public inspection at reasonable hours, but shall not be removed from the office of the building inspector. When possible, copies may be made of records upon request of, and reimbursed in advance by requestor.

(5)

Cooperation of other officials. The building inspector may request and shall receive, so far as may be necessary in the discharge of his duties, the assistance and cooperation of the engineer in fixing grades, of the chief of police in enforcing orders, of the attorney in prosecuting violations, and of other officials.

(b)

Permits.

(1)

When required. It shall not be lawful to construct, alter, repair, remove or demolish, or to commence the construction, alteration, removal or demolition of a building or structure, without first filing with the building inspector an application in writing and obtaining a valid permit.

(2)

Application for. Application for a permit shall be submitted in such form as the building inspector may prescribe. Such application shall be made by the owner or lessee, or agent of either, or the architect, engineer or builder employed in connection with the proposed work. If such application is made by a person other than the owner in fee, it shall be accompanied by a duly verified affidavit that the proposed work is authorized by the owner in fee and that the person making the application is authorized to make such application. Such application shall contain the full names and addresses of the applicant and of the owner, and if the owner is a corporate body, of its responsible officers. Such application shall describe briefly the proposed work and shall give such additional information as may be required by the building inspector for an intelligent understanding of the proposed work. Such application shall be accompanied by payment of such fees as the council may determine from time to time.

a.

Plans. Application for permits shall be accompanied by such drawings as the building inspector may require of the proposed work, drawn to scale, including floor plans, sections, elevations and structural details.

b.

Plot diagram. When required by the building inspector, there shall also be filed a plot diagram in a form and size suitable for filing permanently with the permit record, drawn to scale, with all dimensions and figures, showing accurately the size and exact location of all proposed new construction, or in the case of demolition, of such construction as to be demolished, and of all existing buildings; prepared by and signed by a registered surveyor, engineer or architect.

c.

Amendments. Nothing in this section shall prohibit the filing of amendments to an application or to a plan or other record accompanying same, at any time before the completion of the work for which the permit was sought. Such amendments, after approval, shall be filed with, and be deemed a part of, the original application.

d.

Completion of existing buildings. Nothing contained in this chapter shall require any change in the plans, construction, size or designated use of a building, for which a valid permit has been issued or lawful approval given before the effective date of this chapter; provided, however, construction under such permit or approval shall have been started within six months and the ground story framework, including structural parts of the second floor, shall have been completed within one year and the entire building completed within two years after the effective date of this chapter.

e.

Action on application. It shall be the duty of the building inspector to examine applications for permits within a reasonable time after filing. If, after examination, the building inspector finds no objection to the same and it appears that the proposed work will be in compliance with the laws and ordinances applicable thereto, the building inspector shall approve such application and issue a permit for the proposed work as soon as practicable; provided, that no permit shall be issued in any district in which an application for a modification in zoning has been made, for a period of 90 days after such application has been made. If the building inspector's examination reveals otherwise, the building inspector will reject such application, noting the building inspector's finding in a report to be attached to the application and delivering a copy to the applicant.

(3)

Permit issuance.

a.

Approval in part. Nothing in this section shall be construed to prevent the building inspector from issuing a permit for the construction of part of a building or structure before the entire plans and detailed statements of said building or structure have been submitted or approved, if adequate plans and detailed statements have been presented for the same and have been found to comply with this chapter.

b.

Condition of the permit. All work performed under a permit issued by the building inspector shall conform to the approved application and plans and approved amendments thereof. The location of all new construction as shown on the approved plot diagram, or an approved amendment thereof, shall be strictly adhered to. It shall be unlawful to reduce or diminish the area of a lot or plot of which a plot diagram has been filed and has been used as the basis for a permit, unless a revised plot diagram showing the proposed change in condition shall have been filed and approved; provided, that this shall not apply when the lot is reduced by reason of a street opening or widening or other public improvement.

c.

Signature on permit. Every permit issued by the building inspector under the provisions of this chapter shall have the building inspector's signature affixed thereto; but this shall not prevent the building inspector from authorizing a subordinate to affix such signature.

d.

Term of permit.

1.

In all instances, except for the demolition or removal of a building, the term of a permit for the construction or alteration of a structure or building shall be one year, except when extended by the building inspector.

2.

The term of a permit for the demolition or removal of a building or structure shall be 90 days, except that the permit may be extended by the building inspector for a one-time period of 30 days when good cause is shown that the work cannot be completed in 90 days.

e.

Posting of permits. A copy of the permit shall be kept on the premises, open to the public inspection, during the prosecution of the work and until the completion of same. The building inspector may require a certified copy of the approved plans to be kept on the premises at all times from the commencement of the work to the completion thereof. The building inspector shall be given at least 12 hours' notice of the starting of work under a permit.

f.

Renovation. The building inspector may revoke a permit or approval issued under the provisions of this chapter in case there has been any false statement or misrepresentation as to a material fact in the application or plans on which a permit or approval was based.

(c)

Certificate of occupancy for a building.

(1)

General. No building shall be occupied before a certificate of occupancy has been issued. A certificate of occupancy for a new building or the reconstruction or alteration of an existing building shall be issued within three days after the request for same shall have been made in writing to the building inspector, after the erection or alteration of such building or part thereof shall have been completed, in conformity with the provisions of these regulations. Any temporary certificates will be issued as specified per the current building code.

(2)

Content of certificate of occupancy. A certificate of occupancy shall state that the building or proposed use of a building complies with all the building and health laws and ordinances and with the provisions of these regulations. The original certificate shall be given to the property owner, One copy shall be provided the board of public works and One copy shall be kept on file in the office of the building inspector. No fee shall be charged for a certificate of occupancy.

(3)

Certificate of occupancy for nonconforming uses. A certificate of occupancy shall be required for all nonconforming uses. Application for such certificate for nonconforming uses shall be filed within 12 months from the effective date of this chapter.

(Ord. No. 1583-22, § 1(Att.), 4-26-22)

Where uncertainty exists with respect to the boundaries of the various districts, as shown on the district map made [by reference] a part of this chapter, the following rules apply:

(1)

The district boundaries are either streets or alleys unless otherwise shown, and where the districts designated on the map and made a part of this chapter are bounded approximately by street or alley lines, the street or alley shall be construed to be the boundary of these districts.

(2)

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 made a part of this chapter are bounded approximately by lot lines, the lot lines shall be construed to be the boundary of the district unless the boundaries are otherwise indicated on the map.

(3)

In unsubdivided property, the district boundary lines on the map accompanying and made a part of this chapter shall be determined by use of the scale appearing on the map.

(Ord. No. 1583-22, § 1(Att.), 4-26-22)

In interpreting and applying the provisions of this chapter, 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 chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties, except that if this chapter imposes a greater restriction, this chapter shall control.

(Ord. No. 1583-22, § 1(Att.), 4-26-22)

(a)

Generally. The council may, from time to time, on its own motion or on petition by the property owner, after public notice and hearings thereon as provided herein, amend, supplement, change, modify or repeal the regulations and restrictions as established herein (commonly referred to as a "zoning code text change") and may change, restrict or extend the boundaries of the various districts established herein (commonly referred to as a "rezoning" or a "zoning map amendment"). Before taking action upon any proposed amendment, modification, change, restriction or extension, the same shall be referred by the council to the city planning and zoning commission for report and recommendation. The council is the zoning authority for the city; therefore, all applications for a zone change will be approved or disapproved by the city council.

(1)

Steps to obtain a zone change by petition.

a.

The applicant discusses his proposal with the zoning official; in this discussion the opinions expressed by the zoning official in no way guarantees that a given property will be zoned accordingly.

Likewise, any discussion of zoning problems with any member of the city administrative staff is not to be construed as a zoning commitment. The final legal decision is made by the city council after receiving a recommendation from the planning and zoning commission.

b.

Submit to the zoning official, at least four weeks prior to a regular meeting of the planning and zoning commission, the following:

1.

An application form, copies of which are available in the zoning official's office.

2.

A check made payable to the city in the amount of $300.00. Fee will include postage costs of mailing certified hearing notices to the first ten property owners within 185 feet of the proposed rezoning. Applicant will be charged for all postage costs of mailing certified hearing notices thereafter.

3.

Accurate legal description for each zone district requested, and where practical, the street address.

4.

The city will provide the following documents if applicable:

A.

Complete dimensions of property(ies) for which rezoning is requested.

B.

Names of all owners or property within 185 feet of the boundary of area(s) to be considered for rezoning.

C.

Present zoning and generalized land use on tract(s) in question and all adjacent tracts.

D.

The size and location of all exiting utilities and easements, including storm sewers across the particular tract(s) of land, and indication of how property is to be served if utilities are not available on the tract(s).

E.

All adjacent streets and alleys, including names and width of dedications.

F.

North point, scale and date.

G.

Any other information requested by the zoning official.

c.

After the zoning official has determined that the application and supporting documents meet all requirements, a public hearing will be set by the zoning official or the planning and zoning commission at their next regular meeting.

d.

At least 15 days prior to the public hearing before the commission, the proposed zone change is advertised in a daily newspaper, and subject property is posted by the zoning official.

e.

The applicant and all owners of property within 185 feet of the area to be rezoned are notified by certified mail of the time and place of the public hearing before the planning and zoning commission.

f.

At the meeting of the commission at which the public hearing is held, all interested parties should be present.

g.

At the public hearing, the commission will either make a recommendation to the city council for or against the proposal, or continue the hearing to a future planning and zoning commission meeting.

h.

The recommendation of the planning and zoning commission is forwarded to the city council at its next regular meeting, at which time they shall hold another public hearing on the proposed zone change.

i.

Following the public hearing held by the city council, the council will then take action on the proposed zone change.

(b)

Protest. If a protest against such amendment, change, modification, repeal, restriction or extension shall be presented, duly signed and acknowledged by the owners of 30 percent or more, either of the land (exclusive of streets and alleys) included in such proposed change or within an area determined by lines drawn parallel to and 185 feet distant from the boundaries of the district proposed to be changed, such amendment shall not be passed except by three-fourths vote of the council.

(c)

Notice of hearings. No action on an amendment, change, modification or repeal of this chapter shall be taken until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard before both the planning and zoning commission and city council. At least 15 days' notice of the time and place of each such hearing shall be published in an official paper or a paper of general circulation in the city.

(Ord. No. 1583-22, § 1(Att.), 4-26-22)

In case any portion of this chapter shall be held to be invalid or unconstitutional, the remainder of the chapter shall not thereby be invalid, but shall remain in full force and effect.

(Ord. No. 1583-22, § 1(Att.), 4-26-22)

The owner or general agent of a building or premises where a violation of any provision of the regulations of this chapter has been committed or shall exist, or the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist, or the owner, general agent, lessee or tenant of any part of the building or premises in which such violation has been committed or shall exist, or the general agent, architect, builder, contractor or any other person who commits, takes part or assists in any such violation or who maintains any building or premises in which any 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 $100.00, or more than $250.00 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 fine and imprisonment, in the discretion of the court. Any such person who, having been served with an order to remove any such violation, shall fail to comply with said order within ten days after such service, or shall continue to violate any provision of the regulations made under authority of this act in the respect named in such order, shall also be subject to a civil penalty of $250.00.

(Ord. No. 1583-22, § 1(Att.), 4-26-22)