If the Building Official determines that any provision of this Section has been violated, a written notice shall be sent to the person responsible for such violation indicating the nature of the violation and ordering the action necessary to correct it. Additional written notices may be sent at the Building Official's discretion.

The written notice shall state what action the Building Official intends to take if the violation is not corrected and shall advise that of the Building Official's decision. Notwithstanding the foregoing, in cases when delay would seriously threaten the effective enforcement of this Section or pose a danger to the public's health, safety or welfare, the Building Official may seek enforcement without prior written notice by invoking any of the penalties and violations authorized in Section 400.203.

In all instances were a violation of this Section has been verified and substantiated by the Building Official, the person(s) liable as specified in Section 400.201 shall be provided written Notice of Violation of the specific violations that have been found, the corrective measures to be taken and the time frame in which all corrective measures are to be completed. If the corrective measures set out in the notification are not complied with, then the Building Official shall issue a formal Stop Work Order that shall direct all use and activities to be suspended immediately.

Any building, land disturbance or special use permit authorized by these Sections may be revoked by the permit issuing authority (in accordance with the provisions of this Section) if the permit recipient fails to comply with the corrective measures set forth in the Stop Work Order or in accordance with the approved plans, any conditions for which the approved permit was based, any requirements of this Section or any additional requirements lawfully imposed by the Board of Aldermen.

In matters expressly dealing with residential or non-residential subdivision developments, if any violation of this Section has been found to be evident, the Building Official shall provide written notice to the developer(s) outlining the specifics of the violation(s) and the remedial action to be taken by the developer(s) to ensure that development activities are brought into compliance with this Section and any other conditional requirements that have been required as part of the developments approval.

In every instance were a Stop Work Order has been issued, all activities shall be suspended until the requirements specified in the Stop Work Order are brought into compliance with this Section. In all instances were a development site is subject to the filing of a surety, a Stop Work Order shall be deemed as legal cause for the City to use said surety in accordance with Sections 405.110 and 520.020.

Pursuant to Missouri's Zoning Enabling Act, Sections 89.020 through 89.140, RSMo., a Board of Adjustment is hereby established. The word "Board," when used herein, shall be construed to mean the Board of Adjustment. The Board shall consist of five (5) members who shall be residents of the City, all of whom shall be appointed by the Mayor and approved by the Board of Aldermen. Annually, the Mayor shall appoint one (1) member of the Board of Alderman to serve as a voting member of the Board of Adjustment. This Alderman is included as one (1) of the five (5) members established in this Subsection. Up to three (3) alternate members may be appointed to serve in the absence or disqualification of regular members. The term of office of the members of the Board shall be for five (5) years, excepting that the membership of the first Board appointed shall serve respectively for terms of one for one (1) year, one for two (2) years, one for three (3) years, one for four (4) years, and one for five (5) years. Thereafter, members shall be appointed for terms of five (5) years each. Vacancies shall be filled for the unexpired term only. Members shall be removable for cause by the Mayor and Board of Aldermen upon written charges and after public hearing.

The Board shall elect its own Chairman and Vice Chairman from among the citizen members, serving a one-year term starting on June 1st, with eligibility for re-election annually. Such Chairman, in his/her absence the Acting Chairman, may administer oaths and compel the attendance of witnesses. The Board shall adopt from time to time such rules and regulations as it may deem necessary to carry into effect the provisions of this Zoning Code.

Meetings of the Board of Adjustment shall be held in the Council room of Town Hall on the third Wednesday of the month at 6:00 P.M. The deadline to be placed on the Board of Adjustment agenda is the third Wednesday of the month prior to the meeting. 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 each question 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 Board and shall be taken down by a reporter.

The Board of Adjustment shall have the following powers:

Appeals to the Board on any matter over which the Board is specifically granted jurisdiction may be taken by any person aggrieved or by an officer, department, any board or bureau of the City of Hollister affected by any decision of the Building Inspector. Such appeal shall be taken within thirty (30) days of such decision 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 is taken.

An appeal stays all proceedings in furtherance of the action appealed from, unless the Building Inspector certifies to the Board after the notice of appeal has been filed with him/her that by reason of facts stated in the certificate a stay would, in his/her opinion, cause imminent peril to life or property. In such case, proceedings should not be stayed otherwise than by proper legal action.

The Board shall fix a reasonable time for the hearing of the appeal, give not less than fifteen (15) days' public notice thereof in a newspaper of general circulation, as well as due notice to the parties in interest, and notify by regular mail property owners within two hundred (200) feet of the property of the proposed request and decide the same within a reasonable time. At the hearing, any party may appear in person or by agent or by attorney.

The party requesting a hearing before the Board of Adjustment shall deposit a fee of seventy-five dollars ($75.00) to the City Clerk at the time the application is filed. All fees received hereunder shall forthwith be paid over to the credit of the General Revenue Fund of the City. Under no conditions shall the Board of Adjustment refund said sum or any part for failure or denial of the request.

The Board of Aldermen may, from time to time, on its own motion or on petition, amend, supplement, change, modify or appeal by ordinance the boundaries of districts or regulations or restrictions established. Any proposed amendment, supplement, change, modification or repeal shall first be submitted to the Planning Commission for its recommendations and report. If the Planning Commission makes no report within thirty (30) days, it shall be considered to have made a report approving the proposed amendment, supplement, modification or change.

Upon the filing of the recommendations and report by the Planning Commission with respect to any proposed amendment, supplement, change, modification or repeal, the Board of Aldermen shall:

In case of an adverse report by the Planning Commission, such amendment, supplement, change, modification or repeal shall not become effective except by the favorable vote of two-thirds (⅔) of all the members of the Board of Aldermen.

If a protest against such proposed amendment, supplement, change, modification or repeal was presented in writing to the City Clerk duly signed and acknowledged by the owners of thirty percent (30%) or more, either of the area of the land (exclusive of streets, places and alleys) included within such proposed amendment, supplement, change, modification or repeal, or within an area, determined by lines drawn parallel to and one hundred eighty-five (185) feet distant from the boundaries of the district proposed to be changed, such amendment, supplement, change, modification or repeal shall not become effective except by the favorable vote of two-thirds (⅔) of all the members of the Board of Aldermen. The increased vote requirement shall apply in all cases of Special Use Exception and Community Unit Plan cases.

It shall be the duty of the Building Inspector to enforce all Zoning Code regulations. Appeal from the decision of the Building Inspector may be made to the Board of Adjustment as provided in Section 400.250 of this Chapter.

In case any building or structure is erected, constructed, reconstructed, altered, converted or maintained, or any building, structure or land is used in violation of Sections 89.010 to 89.140, RSMo., or of any ordinance or other regulation made under authority conferred hereby, the proper local authorities of the municipality, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, to restrain, correct, or abate such violation, to prevent the occupancy of such building, structure, or land, or to prevent any illegal act, conduct, business, or use in or about such premises. Such regulations shall be enforced by an officer empowered to cause any building, structure, place or premises to be inspected and examined and to order in writing the remedying of any condition found to exist therein or thereat in violation of any provision of this Chapter.

The owner or general agent of a building or premises where a violation of any provision of said regulations 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 such violation shall exist shall be guilty of a misdemeanor punishable by a fine of not less than ten dollars ($10.00) and not more than one hundred dollars ($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 one hundred dollars ($100.00) or more than two hundred fifty dollars ($250.00) for each and every day that such violation shall continue or by imprisonment for ten (10) days for each and every day such violation shall continue or by both such 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 such order within ten (10) days after such service or shall continue to violate any provision of the regulations of this Chapter, in the respect named in such order shall also be subject to a civil penalty of two hundred fifty dollars ($250.00).