A.

Enforcement official. The provisions of this ordinance shall be administered and enforced by the Director of Planning and Protective Services or the Director's designee.

B.

Action of the Director. The Director may institute any proper action or proceedings to enforce this ordinance pursuant to RSMo § 89.120, and any other appropriate authority.

C.

Cooperation of other officials. The Director may request and shall receive, so far as may be necessary in the discharge of his or her duties, the assistance and cooperation of other departments, including but not limited to the Director of Planning and Protective Services for street, traffic and other transportation matters, the Finance Director, in business license and other finance related matters, the Chief of Police in enforcing orders and other police matters, and the City Prosecutor in prosecuting violations, or other officials.

(Ord. 13600, § 18, 9-2-2003)

The remedies provided in this article for violations of any provision of this ordinance, whether civil or criminal, shall be cumulative and shall be in addition to any other remedy provided by law. Except as otherwise provided in this ordinance, any development or use initiated after adoption of zoning in the City, or maintained in violation of this ordinance, which is not in compliance with the provisions of this ordinance is prohibited and shall be referred to herein as an "unlawful" development or use.

Any of the following shall be a violation of this ordinance and shall be subject to the remedies and penalties provided for in this article:

A.

Use, structure or sign without permit or approval. To place any use, structure or sign upon land that is subject to this ordinance without all of the approvals required by this ordinance.

B.

Activities inconsistent with this ordinance. To erect, construct, reconstruct, remodel, alter, maintain, move, or use any building, structure or sign, or to engage in development or subdivision of any land in contravention of any zoning, subdivision, sign or other regulation of this ordinance.

C.

Activities without permit or approval. To engage in any development, construction, remodeling or other activity of any nature upon land that is subject to this ordinance without all of the approvals required by this ordinance.

D.

Activities 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.

E.

Activities inconsistent with conditions. To violate, by act or omission, any term, condition, or qualification placed by a decision-making body upon any permit or other form of authorization.

F.

Making lots or setbacks nonconforming. To reduce or diminish any lot area so that the size, setbacks or open spaces shall be smaller than prescribed by this ordinance.

G.

Increasing intensity of use. To increase the intensity of use of any land or structure, except in accordance with the procedural requirements and substantive standards of this ordinance.

H.

Failure to remove signs or other improvements. To fail to remove any sign or other improvement installed, created, erected or maintained in violation of this ordinance, or for which the sign permit has lapsed.

A.

Procedure. Whenever the Director finds that any of the provisions of this ordinance are being violated, he or she shall notify, in writing, the person(s) responsible for such violations, indicating in the notice the nature of the violation and the actions ordered to be taken to correct the violation. The Director shall take such actions or issue such orders or directives as are authorized by this ordinance to insure compliance with or to prevent violations of its provisions.

B.

Actions, orders and directives. The Director shall have the authority to establish priorities for the abatement of zoning violations and implement appropriate procedures or remedies as provided in this article to abate the violations. In addition to all other powers conferred upon the Director by this ordinance, he or she shall have the power to issue appropriate written orders or directives to any person deemed to be responsible for a violation of this ordinance. Failure of the alleged violator to promptly comply with such lawful orders or directives shall be deemed a violation of this ordinance, punishable as provided in section 35-87 and RSMo § 89.120. The following remedies and enforcement powers may be used by the Director, or the Director's designee, to administer and enforce this ordinance:

1.

No action. After careful consideration of the facts and circumstances, the Director may authorize no action be taken on a complaint of an alleged zoning violation.

2.

Agreement to abate. The Director may enter into an agreement with a violator to abate the violation within a certain time frame based upon certain conditions within the agreement.

3.

Notice and order. The Director may issue a notice and order to the violator ordering the cessation of the illegal condition within the time period designated in RSMo § 89.120.3.

4.

Withholding of permits.

a.

Withholding of permits on sites with uncorrected violations. 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 ordinance or of a condition or qualification of a permit, certificate, approval or other authorization previously granted by the City. This enforcement provision shall apply regardless of whether the current owner, owner's agent, tenant or lessee, or applicant is responsible for the violation in question.

b.

Withholding of permits from a person as a result of uncorrected violations. 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 this ordinance. This provision shall apply regardless of whether the property for which the permit or other approval is sought is the property in violation.

5.

Permits approved with conditions. Instead of withholding or denying a permit or other authorization, the City may grant such authorization subject to the condition that the violation be corrected.

6.

Revocation of permit. Written notice of revocation shall be served upon the owner, the owner's agent, tenant or lessee, 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. Thereafter, no such construction shall proceed. Any development permit or other form of authorization required under this ordinance may be revoked when the Director determines that:

a.

There is departure from the plans, specifications, or conditions as required under terms of the permit;

b.

The development permit was procured by false representation or was issued by mistake; or

c.

Any of the provisions of this ordinance are being violated.

7.

Stop work. With or without revoking permits, the City may order work to discontinue on any building or structure on any land on which there is an uncorrected violation of a provision of this ordinance or of a permit or other form of authorization issued hereunder.

8.

Revoke plan or other approval. Where a violation of this ordinance involves a failure to comply with approved plans or conditions to which the approval of such plans was made subject, the 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 with this ordinance, the provision of security to ensure that construction is completed in compliance with approved plans, or such other conditions as the Council may reasonably impose.

9.

Injunction and abatement. The City, through its authorized agents, including the Director of this ordinance, may initiate injunction or abatement proceedings or other appropriate action in the Circuit Court against any person who fails to comply with any provision of this ordinance, or any requirement or condition imposed pursuant to this ordinance, to prevent, enjoin, abate, or terminate violations. The City may seek a court order in the nature of mandamus, abatement, injunction or other action for 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.

10.

Municipal court action. The Director may issue a General Ordinance Complaint to the violator requiring appearance in the Municipal Court for abatement of the violation.

Whenever a violation of this ordinance occurs, the Director, or other authorized representative, shall give written notice of such violation either personally or by regular United States mail to the owner(s) of such premises, or to the person(s) responsible for such violation and may post such notice on the premises. The letter shall direct that within ten days following receipt of the written notice, the violation shall be corrected. If after such time, but within five days, the violation continues or reoccurs, the City may issue a general ordinance complaint. If the violation is abated, but occurs again at a later date, the City is not required to renotify the same violator of the same violation.

The Director, or the Director's designee, shall have the right to enter upon any premises at any reasonable time for the purpose of carrying out his or her duties in the enforcement of this ordinance, including abatement of zoning violations.

Each day that a violation remains uncorrected after receiving notice of the violation from the City shall constitute a separate violation of this ordinance.

The owner or general agent, tenant or lessee, of a building or premises, or any part thereof, where a violation of any provision of this ordinance has been committed or shall exist, or architect, builder, contractor or any other person who commits, takes part, or assists in such violation or who maintains any building or premises in which any such violation shall exist, shall be deemed 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 said violation continues. But, if the offense be willful, on conviction thereof, the punishment shall be a fine of not less than $100.00 nor more than $500.00 for each and every day that such violation shall continue. If the offense is found to be willful, on conviction thereof, the punishment shall be a fine of not less 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 violations shall continue, or by both such fine and imprisonment in the discretion of the court. Any 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 ordinance in the respect named in such order, shall also be subject to a civil penalty of $250.00.

The remedies and enforcement powers established in this ordinance shall be cumulative.