Kimberling City City Zoning Code
ARTICLE III
Administration And Enforcement
Section 400.311 Intent.
[Ord. No. 509, 8-11-2021]
This Section shall provide regulations generally applicable to the administrative functions and enforcement of this Chapter.
Section 400.312 General Zoning Regulations.
[Ord. No. 509, 8-11-2021]
A.
Except as hereinafter specifically provided:
1.
No land shall be used except for a purpose permitted in the zoning district in which it is located.
2.
No building shall be erected, converted, enlarged, reconstructed, moved, or structurally altered, nor shall any building be used, except for a use permitted in the zoning district in which such building is located and in conformity with the use regulations of the zoning district in which such building is located.
3.
No building shall be erected, or structurally altered to the extent specifically provided hereinafter except in conformity with the off-street parking and loading regulations of the zoning district in which such building is located.
4.
The minimum yards, parking spaces, and open spaces, including lot area per family, required by this Chapter for each and every building existing on March 4, 1974, or for any building hereafter erected, shall not be encroached upon or considered as part of the yard or parking space or open space required for any other building, nor shall any lot area be reduced below the requirements of this Chapter for the zoning district in which such lot is located.
5.
Every building hereafter erected or structurally altered shall be located on a lot as herein defined and in no case shall there be more than one (1) main building on one (1) lot except as specifically provided hereinafter.
Section 400.313 General Subdivision Provisions.
[Ord. No. 509, 8-11-2021]
A.
Compliance. Any owner or proprietor of any tract of land who subdivides that tract of land and who violates any of the provisions of these regulations shall be guilty of an ordinance violation, and upon conviction thereof shall be punished by a fine according to Section 400.343(D) of this Chapter. Each day during which such violation shall be permitted to exist shall constitute a separate offense hereunder.
B.
Recording. Any owner or any proprietor of any tract of land situated within the corporate limits of the City who subdivides the same shall cause a plat of such subdivision, with reference to known or permanent monuments, to be made and recorded in the Office of the Recorder of Deeds of Stone County. A reproducible copy shall be filed with the City Clerk of Kimberling City also.
C.
Approval. No plat of a subdivision shall be recorded unless and until it shall have been submitted and approved by the Commission and Board in accordance with the regulations set forth in this regulation and so certified by the City Clerk.
D.
Prepared By Land Surveyor And Professional Engineer. Every plat shall be prepared by a registered land surveyor duly licensed by the State who shall cause his/her seal to be affixed on the face of the plat. All improvement plans, i.e., streets, water, sewer systems, etc., shall be prepared by a registered professional engineer, duly licensed by the State, and such plans shall bear the seal and signature of the professional engineer.
E.
No Contract Of Sale. No person, firm or corporation, proposing to make or have made a subdivision within the territorial jurisdiction of these regulations shall enter into any contract for the sale of, or shall offer to sell any subdivision or any part thereof until he/she or it has obtained from the Board of Aldermen approval of the Final Plat of the proposed subdivision and the approval made a matter of public record.
Section 400.314 Powers And Duties Of Administrative Officer.
[Ord. No. 509, 8-11-2021]
A.
The powers and duties of the Administrative Officer shall be as follows:
1.
Issue all Building Permits and make and maintain records thereof.
2.
Issue all Certificates of Occupancy and make and maintain records thereof.
3.
Conduct inspections of buildings, structures, and the use of land to determine compliance with the terms of this Chapter.
4.
Require that all construction or work of any type be stopped when such work is not in compliance with this Chapter.
5.
Revoke any permit which was unlawfully issued or any permit wherein defective work has been performed, and when such work has not been corrected within ninety (90) days of notification.
6.
Maintain permanent and current records of this Chapter, including, but not limited to, all maps, amendments, variances, appeals, and applications.
7.
Provide and maintain a public information bureau relative to all matters arising out of this Chapter.
8.
Forward to the Planning and Zoning Commission all applications for amendments to this Chapter.
9.
Forward to the Board of Adjustment, applications for appeals, variances, or other matters on which the Board of Adjustment is required to pass under this Chapter.
10.
Initiate, direct, and review, from time to time, a study of the provisions of this Chapter, and to make such reports available to the Planning and Zoning Commission not less than once a year.
Section 400.315 Board Of Adjustment.
[Ord. No. 509, 8-11-2021]
A.
Creation. There is hereby created a Board of Adjustment to implement the provisions of this Chapter, where powers are duly expressed.
B.
Membership.
1.
The Board of Adjustment shall consist of five (5) members who shall be residents and who shall be appointed by the Mayor with the consent of the Board of Aldermen. The membership of the first Board appointed shall serve respectively, one (1) for one (1) year, one (1) for two (2) years, one (1) for three (3) years, one (1) for four (4) years, and one (1) for five (5) years. Thereafter, members shall be appointed for terms of five (5) years each. Three (3) alternate members may be appointed to serve in the absence of or the disqualification of regular members. All members and alternates shall be removable for cause by the Board of Aldermen upon written charges and notice of same to the members and after holding or providing the opportunity to hold a public hearing on said removal.
2.
Vacancies shall be filled by appointment by the Mayor with the consent of the Board of Aldermen for the unexpired term of any member or alternate whose position becomes vacant.
3.
The Board of Adjustment shall elect its own Chairman who shall serve for one (1) year.
C.
Meetings. Meetings of the Board of Adjustment shall be held at the call of the Chairman and at such other times as the Board may determine. Such Chairman, or in his/her 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 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 public record. All testimony, objections thereto, and rulings thereon, shall be taken down by a reporter employed by the Board for that purpose.
D.
Powers. The Board of Adjustment shall have the following powers:
1.
To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by an administrative official in the enforcement of Chapter 400 of this Title or of any ordinance adopted pursuant thereto;
2.
To hear and decide all matters referred to it or upon which is required to pass under this Title;
3.
In passing upon appeals, where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of this Title, to vary or modify the application of any of the regulations or provisions of this Title relating to the use, construction, or alteration of buildings or structures or the use of land so that the spirit of the Title shall be observed, public safety and welfare secured, and substantial justice done.
E.
Authority. In exercising the above-mentioned powers such Board of Adjustment, may, in conformity with the provisions of Sections 89.010 to 89.140, RSMo., reverse or affirm wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made and to that end shall have all the powers of the officer from whom the appeal is taken. The concurring vote of four (4) members of the Board of Adjustment 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.
Section 400.316 Separability And Saving.
[Ord. No. 509, 8-11-2021]
A.
Separability. If any part or provision of these regulations or the application of these regulations to any person or circumstances is adjudged invalid by any court of competent jurisdiction, the judgment shall be confined in its operation to the part, provision, or application directly involved in the controversy in which the judgment shall be rendered and it shall not affect or impair the validity of the remainder of these regulations or the application of them to other persons or circumstances. The Board of Aldermen hereby declares that it would have enacted the remainder of these regulations even without any such part, provision, or application that is judged to be invalid.
B.
Savings Provision. These regulations shall not be construed as abating any action now pending under, or by virtue of, prior existing subdivision regulations, or as discontinuing, abating, modifying, or altering any penalty accruing or about to accrue, or as affecting the liability of any person, firm, or corporation, or as waiving any right of the municipality under any Section or provision existing at the time of adoption of these regulations, or as vacating or annulling any rights obtained by any person, firm, or corporation by lawful action of the municipality except as shall be expressly provided for in these regulations.
Section 400.321 Interpretation Of District Boundaries.
[Ord. No. 509, 8-11-2021]
A.
The boundaries of the zoning districts shall be shown upon the most recently adopted Revised Zoning Map which is a part of this Chapter. The most recently adopted Revised Zoning Map shall be located in the office of the City Clerk of Kimberling City, Missouri. The most recently adopted Revised Zoning Map and all notations, references, and other information shown thereon are all set forth or described herein or contained in the map located in the City Clerk's office.
B.
Where uncertainty exists with respect to the boundaries of the zoning districts as shown on the most recently adopted Revised Zoning Map, the following rules shall apply:
1.
The zoning district boundaries shall be streets or alleys unless otherwise shown. Where the districts designated on the map accompanying and made a part of this Chapter are bounded approximately by street or alley lines, the centerline of the street or alley shall be construed to be the boundary of the district.
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 zoning district boundaries shall be construed to be the lot lines. Where the districts designated on the most recently adopted Revised Zoning Map are bounded approximately by lot lines, said lot lines shall be construed to be the boundary of the zoning districts unless the boundaries are otherwise indicated on the most recently adopted Revised Zoning Map.
3.
In unsubdivided property, the zoning district boundary lines on the most recently adopted Revised Zoning Map, accompanying and made a part of this Chapter shall be determined by the use of the graphic scale appearing on the Zoning Map.
C.
All territory which may hereafter be annexed to the City of Kimberling City, Missouri, shall be classified as an "A-1" General Agriculture District, until, within a period not to exceed ninety (90) days following the date of annexation, the Planning and Zoning Commission shall appropriately reclassify such territory in accordance with Section 400.410 of this Chapter.
Section 400.322 Classifications Of City Streets; Speed Limit Change.
[Ord. No. 509, 8-11-2021; Ord. No. 538, 6-21-2023]
A.
The classification of streets within the City limits shall be used to determine the use, right-of-way, maintenance, and speed limit. Refer to the City of Kimberling City's Comprehensive Plan Figure 5-1,[1] Road Classifications, for the most up-to-date roadway classifications adopted by the Planning and Zoning Commission and the Board of Aldermen.
[1]
Editor's Note: Figure 5-1 is on file in the City offices.
B.
Speed Limit. In the event the City does not have a City Engineer on staff, the Administrative Officer, in consultation with the Chief of Police and the guidelines set forth in the Manual Uniform on Traffic Control Devices (MUTCD), shall recommend any speed limit change to the Board of Aldermen.
Section 400.331 General Provisions Affecting Non-Conformities.
[Ord. No. 509, 8-11-2021]
A.
Within the districts established by this Chapter or by amendments that may later be adopted, there exist lots, premises, structures, and uses of land which were lawful before March 4, 1974 was effective or amended, but which would be prohibited, regulated, or restricted under the provisions of this Chapter or future amendment. These are designated as non-conformities.
B.
It is the intent of this Chapter to permit these non-conformities to continue until they are removed (except as otherwise herein provided). It is further the intent of this Chapter that such non-conformities shall have all the rights of a conforming use or structure, except that they shall not be enlarged upon, expanded, or extended except as provided for herein, nor to be used as grounds for adding other structures or uses prohibited elsewhere in the same district.
C.
A non-conforming use of land, premises, or structure shall not be modified in any way which increases the degree or quantity of the existing non-conformance after March 4, 1974.
D.
If a non-conforming structure or portion of a structure containing a non-conforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, or other destruction, and said structure is declared by an authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired, or rebuilt except in conformity with the regulations of this Chapter as it applies to the district in which it is located, with the exception that if the only non-conformity is setback requirements the structure may be restored, repaired, or rebuilt on the site of the original foundation.
E.
Whenever a building or use constructed or established after March 4, 1974, is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity, or otherwise, to create a need for an increase of ten percent (10%) or more in the number of existing parking spaces, such spaces shall be provided on the basis of the enlargement or change. Whenever a building or use existing prior to March 4, 1974, is enlarged to the extent of fifty percent (50%) or more in floor area or in the area used, said building or use shall then and thereafter comply with the parking requirements set forth herein.
F.
A non-conforming use or a non-conforming building or structure which is non-conforming only because of failure to provide required off-street parking spaces or loading berths shall have all the rights of a conforming use or structure.
G.
In the event of the destruction of a non-conforming owner-occupied single-family detached dwelling unit, such structure may be reconstructed within the associated structure's original setbacks and original use through written approval of the Administrative Officer, so long as it is reconstructed in a manner that does not increase the non-conformity with regards to Sections 400.515, Land Use Matrix and 400.518, Dimensional Tables and is built in conformance with all other applicable regulations.
Section 400.332 Non-Conforming Uses Of Land.
[Ord. No. 509, 8-11-2021]
A.
Where, on the effective date of March 4, 1974, a lawful use of land exists that is no longer permissible under the regulations and standards of this Chapter, as adopted, or amended, such use may be continued so long as it remains otherwise lawful subject to the following provisions:
1.
No such non-conforming use of land shall be enlarged, increased, or extended to occupy a greater area of land than was occupied on the effective date March 4, 1974.
2.
No such non-conforming use of land shall be moved in whole or in part to any other portion of the lot or tract of land occupied on the effective date of March 4, 1974.
3.
If any such non-conforming use of land ceases for any reason for a period of more than thirty (30) consecutive days, any subsequent use of such land shall conform to the resolutions and standards set by this Chapter for the district in which such land is located.
Section 400.333 Non-Conforming Structures.
[Ord. No. 509, 8-11-2021]
A.
Where, on the effective date of March 4, 1974, a lawful structure exists that could not be built under the regulations and standards of this Chapter as adopted or amended, by reasons of restrictions on lot area, lot coverage, floor area ratio, heights, yards, spacing between buildings, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains lawful subject to the following provisions:
1.
Such structure may be improved, enlarged, maintained, and repaired as if it were a conforming structure, so long as such improvement, enlargement, maintenance, or repair will:
2.
This Section shall not be construed to prevent any structure or portion thereof may be altered to decrease its non-conformity.
3.
Application of paint, siding, or enclosing of existing structures or portions thereof shall not be considered an increase in non-conformity so long as the painting, siding, or area enclosed does not increase the area of the non-conforming structure or non-conforming portion thereof.
4.
Transfer of ownership shall not result in the loss of non-conformance status for any residential structure.
5.
Should any such structure be moved for any reason for any distance whatever it shall thereafter conform to the regulations and standards for the district in which it is located after it is moved.
Section 400.334 Non-Conforming Uses Of Structures.
[Ord. No. 509, 8-11-2021]
A.
Where, on the effective date of March 4, 1974, a lawful use of a structure, or a premises, exists that is no longer permissible under the regulations and standards of this Chapter as adopted or amended, such use may be continued so long as it remains otherwise lawful, subject to the following provisions:
1.
No existing building or structure devoted to a use not permitted by this Chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or altered except in changing the use of such building or structure to a use permitted in the district in which it is located. A structure devoted to a non-conforming use may be maintained or repaired as if it were a conforming building or structure, provided that the volume of such building or the size of such structure as it existed at the effective date of March 4, 1974 shall not be increased.
2.
Any non-conforming use may be extended throughout any parts of the building or structure which were manifestly arranged or designed for such use at the effective date of March 4, 1974, but no such use shall be extended to occupy land outside of such building or structure.
3.
Any non-conforming use of a building or structure, or of any premises, may be changed to another non-conforming use provided that the Planning and Zoning Commission, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing non-conforming use. In permitting such changes, the Planning and Zoning Commission may require appropriate conditions and safeguards in accord with the provisions of this Chapter.
4.
Any building or structure, or any premises, in or on which a non-conforming use is superseded by a permitted use, shall thereafter conform to the regulations and standards of the district in which such building, structure, or premises is located, and the non-conforming use shall not be resumed.
5.
When a non-conforming use of a building or structure, or of a premises, is discontinued or abandoned for six (6) consecutive months or for eighteen (18) months during any three-year period, the building or structure, or the premises, shall not thereafter be used except in conformance with the regulations and standards of the district in which it is located.
6.
Where non-conforming use status applies to the use of a building, removal or destruction of the building or structure shall eliminate the non-conforming use status, and any use of a new building or structure must be a use permitted in the district in which it is located.
Section 400.341 Building Permit Required.
[Ord. No. 509, 8-11-2021]
A.
No building or other structure shall be erected, moved, added to, or structurally altered without a permit, therefore, issued by the Administrative Officer.
B.
No building permit for alteration, repair, or new construction of any building or structure shall be issued unless the plans and specifications show that the building or structure, and its proposed use will be in compliance with provisions of this Title and that all delinquent and current year City taxes have been paid. Submittal of a copy of the tax receipt with a building permit application will be required as proof.
C.
The failure to obtain the necessary Building Permit shall be punishable under Section 400.350 of this Chapter.
D.
Building Permits issued on the basis of plans and applications approved by the Administrative Officer authorize only the use, arrangement, and type of construction set forth in such approved plans and specifications. Any use, arrangement, or construction at variance with that authorized shall be deemed a violation of this Chapter and shall be punishable as provided by Section 400.350 of this Chapter.
E.
Construction work authorized by a building permit shall normally be completed within a one-year period from the date of the permit. Any mitigating circumstances preventing the completion within that period shall be presented to the Administrative Officer for an extension of time.
Section 400.342 Building Permit Application.
[Ord. No. 509, 8-11-2021; Ord. No. 544, 6-21-2023]
A.
Application for building permits shall be completed and signed by the contractor for the project, and the individual(s) owning the property and for whom the structure is to be built. Physical location address or lot, block, and addition number shall be identified with the subdivision.
B.
The following information and data is to be submitted to the Administrative Officer for new construction:
1.
A survey or verification of a previous survey, by a professional engineer or registered land surveyor integrated with the plot plan of the lot showing adjacent property, names of streets, and existing utility facilities at a scale of one (1) inch to ten (10) feet. Location and size of the proposed structure shall be at the discretion of the owner and shall be indicated with respect to front, side, and rear setbacks on the integrated surveyed plot plan in compliance with dimensional requirements as set forth in Section 400.518 of this Chapter.
a.
The removal of a survey pin or monument, without replacement under the supervision of a professional engineer or registered land surveyor, is prohibited and subject to penalties, as set forth in Section 400.350 of this Chapter.
2.
A plan that includes:
a.
Proposed grading and excavation, see Section 400.620.
b.
Proposed water service to the building.
c.
Electric service to the building.
d.
Sanitary system or sewer service line to the building.
e.
Location of driveways and location and size of culvert(s), if engineering drawings are required, costs will be at the contractor's/owner's expense.
C.
The following information and data is to be submitted to the Administrative Officer for remodel/repair/alterations/demolition:
1.
Building permit application detailing the complete scope of work to be done.
2.
Drawings showing changes in design, square footage, and location of work on property.
a.
The sizing of culverts shall be based on terrain and all other applicable circumstances. Driveways with a seven percent (7%) grade or greater may be required to install one (1) of the following:
(1)
Polyethylene smooth bore pipe — twelve (12) inch inside diameter.
(2)
Corrugated steel pipe — fifteen (15) inch inside diameter.
(3)
Grated steel pipe — minimum two (2) inch grate and fifteen (15) inch inside diameter.
(4)
All residential properties requiring a culvert must install a minimum of twenty (20) feet per entrance or exit.
(5)
All commercial properties requiring a culvert must install a minimum of forty (40) feet per entrance or exit.
b.
Stormwater Control. In addition to all applicable building codes, and prior to the final occupancy permit, the condition, surface material, grade, and stormwater drainage provisions of said construction must be inspected and approved. No grading, driveway, parking lot, or access way shall alter the surface water in such a way to potentially, detrimentally affect neighboring lands, streets, or rights-of-way. Said inspection shall be called for prior to the final surface improvements and must be approved as to grade and sufficient surface water management prior to gravel, concrete, asphalt or other initial grade materials applied. Failure to do so shall result in the withholding of the final occupancy permit and such other requirements or modifications as the Public Works Director or his/her assignee deem necessary to adequately control surface water runoff.
c.
Driveway.
(1)
All new driveways must have a permit and a street bond, as specified in Resolution 489, available in the City Clerk's office.
d.
Location Of Septic Tank And Lateral Field.
(1)
Septic tank and lateral field shall be properly located and indicated to scale. Septic tanks shall be concrete aerated system or other Class 1 approved tanks size one thousand (1,000) to one thousand five hundred (1,500) gallons' capacity depending upon the number of bedrooms.
(2)
Lateral fields shall be one hundred twenty (120) feet of lateral line per bedroom and a minimum of three hundred (300) feet of lateral line for the system.
(3)
Special circumstances may be taken into consideration for septic systems approved by the Department of Natural Resources and/or the Stone County Health Department by making an application to the City Building Official.
e.
Verification of the building footing shall be made by the City Building Inspector and may require the aid of a surveyor; costs are at contractor's/owner's expense. The final responsibility for the placement of the building according to the City Code will be that of the contractor/owner.
f.
Off-street parking in accordance with Section 400.610.
4.
Detailed demolition plans showing:
a.
Complete removal of structure and foundation to a licensed landfill.
b.
Backfill plan where foundation is removed.
c.
Removal plan of all utilities to origin of private service.
d.
Sewer line removal plan: Sewer line to be removed to proximity of property line and sealed with concrete or other approved material, unless otherwise specified by authority of Building Official.
e.
Water line removal plan: Water line shall be capped immediately after the stop box. Any other location must be approved by a Building Official.
f.
Debris removal plan: All debris surrounding the structure shall be removed with structural debris and foundation. Contractors must use the City-contracted waste removal company for roll off dumpsters. If using dump trucks, no roll offs are required.
5.
Copy of receipt showing all currently payable delinquent taxes have been satisfied.
6.
If the building is to be used for a business of any kind, verify that the type of business is permissible according to this Title.
7.
If a sign is to be installed, verify that the type, size, and location is permitted by Chapter 430 of this Code.
8.
Any other information which the City Clerk may deem necessary for consideration in enforcing the provisions of this or any other ordinance of this City.
D.
The permit fee, according to Section 400.343(D), will be issued within fifteen (15) working days after receipt of the completed required data and information listed above. No work on the site, other than clearing of trees and brush shall be performed until the permit has been issued and the fee paid.
E.
If the building permit is denied on the basis of this Chapter, the applicant may appeal the action of the Administrative Officer to the Board of Adjustment.
Section 400.343 Permit Fees.
[Ord. No. 509, 8-11-2021]
A.
General. A permit to begin work for new construction, alteration, removal, demolition or other building operation shall not be issued until the fees prescribed in the Section shall have been paid to the City Clerk's office, nor shall an amendment to permit necessitating an additional fee be approved until the additional fee shall have been paid.
B.
Special Fees. The payment of the fee for the construction, alteration, removal, or demolition for all work done in connection with or concurrently with the work completed by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that may be prescribed by law or ordinances for water taps, sewer connections, electrical permits, erection of signs and display structures, marquees or other appurtenant structures, or fees of inspections, certifications of use and occupancy or other privileges or requirements, both within and without the jurisdiction of the City Building Inspection Engineer.
C.
New Construction And Additions. The fees for plan review, building permit, and inspections shall be prescribed in Subsection (D) of this Section, and the Building Official is authorized to establish by approved rules a schedule of unit rates for buildings and structures of all use groups and types of construction as defined in the most recently adopted International Building Code.
D.
Fee Schedule. A fee for each plan examination, building permit, and inspections shall be paid in accordance with the most-recently adopted Permit Fee Schedule available at the City Clerk's office.
E.
Accounting. The City Clerk's office shall keep an accurate account of all fees collected, and such fees shall be deposited daily in the jurisdiction Treasury or otherwise disposed of as required by law.
F.
Refunds. In the case of a revocation of a permit or abandonment or discontinuance of a building project, the portion of the work actually completed shall be computed and any excess fee for the uncompleted work shall be returned to the permit holder upon written request. All plan examination and permit process fees and all penalties that may have been imposed on the permit holder under the requirements of this Code shall first be collected.
Section 400.344 Violations And Penalties.
[Ord. No. 542, 6-21-2023]
A.
Stop Work Orders.
1.
Upon notice from the Code Official that work is being done contrary to the provisions of this Code or in a dangerous or unsafe manner, such work shall immediately cease. A stop work order shall be in writing and shall be given to the owner of the property, or to the owner's agent, or to the person doing the work. The order shall state the conditions under which work is authorized to resume. Where an emergency exists, the Code Official shall not be required to give a written notice prior to stopping the work. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be punishable as provided in this Code.
2.
Any person who commences any work on a building, structure, or electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be issued a stop work order, and a warning by the Code Enforcement Officer. If work continues, a citation will be issued by the Code Enforcement Officer. Fines are five hundred dollars ($500.00) for the first offense, and five hundred dollars ($500.00) for any violation after the initial citation is written. Every twenty-four (24) hours can be deemed a separate offense.
B.
Revoking Permits.
1.
Any permit may be revoked when the Code Enforcement Official determines:
2.
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. 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 Municipal Code or of a permit or other form of authorization issued hereunder, in accordance with its power to stop work under its Building Codes.
3.
Where a violation of this code involves a failure to comply with approved plans or conditions to which the approval of such plans was made subject, the Board of Aldermen 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.
4.
The penalty for a violation of this code shall be governed by the violations and penalty provision of the City Code of the City of Kimberling City, Missouri, and the City may seek such criminal or civil penalties as are provided by Missouri law or Municipal Code.
C.
Certificates Of Occupancy. 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 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 Kimberling City, 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 Building Inspector determines that there has been any form of non-compliance.
Section 400.351 Violations And Penalties.
[Ord. No. 509, 8-11-2021]
A.
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 this Chapter, 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 the regulations made under the authority of this Chapter.
B.
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 an ordinance violation punishable as follows:
1.
Shall be issued a citation by the Code Enforcement Officer. Sentencing and fines shall be at the discretion of the Kimberling City Municipal Court.
C.
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 made under the authority of this Chapter, in the respect named in such order shall also be subject to a civil penalty according to Section 400.343(D) of this Chapter.