Malden City Zoning Code
ARTICLE X
Administration, Enforcement And Penalties
Section 400.270 Enforcement Officer.
[Ord. No. 3121, 4-18-2016]
The Building Inspector of the City of Malden is hereby authorized and directed to enforce all the provisions of this Chapter and for such purpose he shall have the powers of a Police Officer, except the power to make an arrest. His duties shall include inspecting premises and issuing building permits and certificates of occupancy for buildings and uses that meet the requirements of this Chapter.
Section 400.280 Building Permits.
[Ord. No. 3121, 4-18-2016; Ord. No. 3263, 8-15-2022]
A.
Building permits shall be issued in accordance with the following provisions:
1.
Building Permit Required. It shall be unlawful to commence the excavation or filling of any lot for any construction of any building, or to begin construction of any building, or to commence the moving or alteration of any building or to commence the development of land for a use not requiring a building, until the Building Official has issued a building permit for such work.
2.
Plat Required. All applications for building permits shall be accompanied by a plat in duplicate for dimensioned sketch or to-scale plan signed by the owner or his/her authorized agent, showing the actual dimensions of the lot to be built upon, the location and size of the building or structure to be erected, the location of adjoining or surrounding buildings or structures, and such other information as may be required by the Building Official, which is necessary to provide for the enforcement of this Chapter.
3.
Time Limitation. Any building permit shall be valid for a period of one (1) year from its date of issuance unless:
B.
Expired Permit, Reapplication. Any expired permit may be extended for one (1) additional year upon application to the Building Official and demonstration of substantial compliance with the original permit.
C.
Appeal Of Denial Of Reapplication. The denial of the extension of an expired building permit may be appealed to the City Council upon written application made within ten (10) days of the denial.
Section 400.290 Certificate Of Occupancy.
[Ord. No. 3121, 4-18-2016]
A.
No vacant land shall be occupied or used until a certificate of occupancy shall have been issued by the Code Enforcement Officer.
B.
No premises shall be used, and no building hereafter erected or structurally altered shall be used, occupied, or changed in use until a certificate of occupancy and compliance shall have been issued by the Code Enforcement Officer, stating that the building or proposed use of a building or premises complies with the building laws and the provisions of these regulations.
C.
Certificates of occupancy and compliance shall be applied for coincident with the application for a building permit and shall be issued within ten (10) days after the erection or structural alteration of such buildings shall have been completed in conformity with the provisions of these regulations. A record of all certificates shall be kept on file in the office of the Code Enforcement Officer.
D.
No permit for excavation for any building shall be issued before application has been made for certificate of occupancy and compliance.
E.
A certificate of occupancy shall be required of all non-conforming uses. Application for a certificate of occupancy for non-conforming uses shall be filed within twelve (12) months from the effective date of this Chapter (April 18, 2016), with the Code Enforcement Officer.
F.
Denials. A certificate of occupancy shall not be issued unless the proposed use of a building or land conforms to the applicable provisions of this Chapter, or unless the building, as finally constructed, complies with the sketch or plan upon which the building permit was issued.
Section 400.300 Violations And Penalties. [1]
[Ord. No. 3121, 4-18-2016]
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, the City, 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 the Code Enforcement Officer who is 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 authority of this Chapter.
B.
The owner or general agent of a building or premises where a violation of any provisions 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 that exists, shall be guilty of an ordinance violation punishable by a fine of not less than ten dollars ($10.00) and not more than two hundred fifty dollars ($250.00) for each and every day that such violation continues, 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. Notwithstanding the provisions of Section 82.300, RSMo., for the second and subsequent offenses involving the same violation at the same building or premises, the punishment shall be a fine of not less than one hundred dollars ($100.00) and not more than five hundred dollars ($500.00) 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.
C.
Any such person who, having been served with an order to remove any such violation, shall fail to comply with said order within ten (10) days after such service or shall continue to violate any provision 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).