Peculiar City Zoning Code
ARTICLE XII
Administration and Enforcement
Section 400.2260 Enforcement By City Planner.
[Ord. No. 111808 §1(400-1200), 11-18-2008; Ord. No. 07012013A, 7-1-2013]
It shall be the duty of the City Planner of the City of Peculiar to administer and enforce this Code. Appeals from a decision of the City Planner may be made to the Board of Adjustment as provided herein. At the discretion of the City Planner, a designee shall have the full authority of the City Planner to carry out this Code.
Section 400.2270 Permits Required.
[Ord. No. 111808 §1(400-1201), 11-18-2008]
A.
Land Use Permits. The City Planner shall be empowered to act within the provisions of this code upon all applications for land use permits. In the event of the refusal to issue a permit upon an application as herein provided, the applicant shall have a right to appeal to the Board of Adjustment. No permits shall be issued unless the application is found to be in conformance with this code.
B.
Building Permits. Building permits shall be required in accordance with the provision of Chapter 500 of the Peculiar Municipal Code.
1.
No building or structure shall be erected, added to or altered until a permit therefore has been issued by the City Planner. Except upon a written order of the Board of Adjustment, no such building permit shall be issued for any building where said construction, addition or alteration or use thereof would be in violation of any of the provisions of this code or any other ordinance of the City.
2.
In addition to the application requirements for building permits found in Chapter 500 of the Peculiar Municipal Code, there shall be submitted with all applications for building permits two (2) copies of a layout or site plan drawn to scale showing actual dimensions of the lot to be built upon, the exact size and location of the lot or of the building and any accessory buildings to be erected, parking and any loading areas, including access thereto, landscaping and such other information as may be necessary to determine and provide for the enforcement of this code or any other ordinance of the City.
Section 400.2280 Certificate of Occupancy.
[Ord. No. 111808 §1(400-1202), 11-18-2008]
A.
No change in the use or occupancy of land, nor any change of use, occupancy or occupancy classification under the Building Code of any existing building or portion thereof shall be made, nor shall any new building be used or occupied, except as hereinafter specifically provided, until a certificate of occupancy has been issued by the Building Official. Every certificate of occupancy shall state that the new use, occupancy or occupancy classification complies with:
B.
No permit for the erection, structural alteration, conversion, enlargement or reconstruction of any building or use of land shall be issued before the application has been submitted, reviewed and a finding made that the proposed uses will meet the requirements of this code for a certificate of occupancy; and no building or premises shall be used or occupied until such certificate is issued.
Section 400.2290 Certificate of Compliance, Special Permits.
[Ord. No. 111808 §1(400-1203), 11-18-2008]
A.
Upon completion of construction of all improvements as authorized or required by the Board of Aldermen for any buildings or uses for which a special permit was granted, the permittee shall apply to the Building Official for a certificate of compliance, which certificate shall not be issued until the Building Official has inspected the premises covered by the special permit and has found that all terms, conditions and requirements of the special permit have been complied with.
B.
If the Building Official finds at any time that the terms, conditions and requirements of a special permit have not been complied with or that any phase thereof has not been completed within the time required under said special permit, the Building Official shall report this fact to the Board of Aldermen which may, after a hearing of which the permittee shall be notified, revoke such special permit for failure to comply with such terms, conditions and requirements or take such other action as it may deem necessary to obtain compliance.
C.
Any amendment to a special permit approved subsequent to the issuance of a certificate of compliance for such special permit shall require application by the permittee for a new certificate of compliance which shall not be issued until the Building Official has ascertained that any terms, conditions and requirements of the amendment to the special permit have been complied with.
Section 400.2300 Board of Adjustment.
[Ord. No. 111808 §1(400-1204.1 — 3), 11-18-2008]
A.
Creation.
1.
The Board of Adjustment shall consist of five (5) members who shall be residents of the City of Peculiar. The membership of the first (1st) Board of Adjustment shall serve staggered terms; one (1) member each shall be appointed for one (1), two (2), three (3), four (4) and five (5) years, respectively. Thereafter, members shall be appointed for terms of five (5) years each.
2.
All members shall be removable for cause by the Board of Aldermen upon written charges and after public hearing.
3.
Vacancies shall be filled for the unexpired term of any member whose term has become vacant.
4.
The Board of Adjustment shall elect its own Chairman who shall serve for one (1) year.
5.
The Board of Adjustment shall adopt rules in accordance with the provisions of this Section.
6.
Meetings of the Board of Adjustment shall be held at the call of the Chairman and at such other times as the Board of Adjustment may determine.
7.
The Chairman, or in his absence the acting Chairman, may administer oaths and compel the attendance of witnesses.
8.
All meetings of the Board of Adjustment shall be open to the public.
9.
The Board of Adjustment shall keep minutes of its proceedings showing the vote of each member upon 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 City Clerk and shall be a public record.
10.
All testimony, objections thereto and rulings thereon shall be taken down by a reporter employed by the Board of Adjustment for that purpose.
B.
Powers And Duties.
1.
To hear and decide appeals where it is alleged there is error in any order, requirement, decisions or determination made by an administrative official in the enforcement of this code or of any ordinance adopted pursuant thereto;
2.
To hear and decide all matters referred to it or upon which it is required to pass under this code or such other ordinance;
3.
In passing upon appeals, where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of such ordinance, to vary or modify the application of any of the regulations or provisions of this code or such other ordinance relating to the use, construction or alteration of buildings or the use of land so that the spirit of this code or such other ordinance shall be observed, public safety and welfare secured and substantial justice done.
4.
In exercising the above mentioned powers, the Board of Adjustment may, in conformity with the provisions of this code, reverse or affirm, wholly or partly, or 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 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 administration official or to decide in favor of the applicant on any matter upon which it is required to pass under such ordinance or to effect any variation in such ordinance.
C.
Appeal To Board Of Adjustment, Procedure.
1.
Appeals to the Board of Adjustment may be taken by any person aggrieved or by any Officer, Department, Commission or Board of the City of Peculiar affected by any decision of an administrative official.
2.
Such appeal shall be taken within twenty (20) days by filing with the City Planner, the administrative official from whom the appeal is taken and with the Board of Adjustment a notice of appeal specifying the grounds thereof. Said notice of appeal shall be accompanied by the required application fee. The administrative official from whom the appeal is taken shall forthwith transmit to the Board of Adjustment all the papers constituting the record upon which the action appealed from was taken.
3.
An appropriately filed appeal stays all proceedings in furtherance of the action appealed from, unless the administrative official from whom the appeal is taken certifies to the Board of Adjustment after receipt of the notice of appeal that by reason of facts stated in the certificate a stay would, in his opinion, cause immediate peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Adjustment or by a court of record, on application or notice to the administrative official from whom the appeal is taken on due cause shown.
4.
The Board of Adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to parties in interest and decide the same within a reasonable time.
5.
Any party may appear in person or by agent or attorney.
Section 400.2310 Appeal To The Circuit Court.
[Ord. No. 111808 §1(400-1205), 11-18-2008; Ord. No. 02212017A § I, 2-21-2017[1]]
Any person or persons jointly or severally aggrieved by a decision of the Board of Adjustment, or any City entity performing a substantially similar quasi-judicial function from which no further administrative appeal is available, may present to the Circuit Court of Cass 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 thirty (30) days after the filing of the decision in the office of the Board of Adjustment or the appropriate counterpart if a different agency, and such petition and accompanying proceedings shall be governed by Section 89.110, RSMo.
[1]
Editor’s Note: Section I also changed the title of this Section from “Appeal To Municipal Court” to “Appeal To The Circuit Court.”
Section 400.2320 Violations, Penalties.
[Ord. No. 111808 §1(400-1206), 11-18-2008]
A.
The City retains the right, under the authority conferred by this code, to prevent the occupancy or use of any structure or land to prevent an illegal act or use on those premises. In any case where a structure or land is used in violation of this code or any ordinance adopted pursuant thereto, the City may institute any appropriate action or proceedings to prevent construction, reconstruction, alteration, repair, conversion, maintenance or other use of that structure or land.
B.
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 code or of any ordinance adopted pursuant thereto, the City Planner, 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 said 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 City Planner.
C.
The owner or general agent of a building or premises where a violation of any provision of this code 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 dollars ($200.00) for each and every day that such violation shall continue.
[Ord. No. 12052016 § XXVII, 12-5-2016]
D.
Notice Of Violation. In the case of violations not involving continuing construction or development or any emergency situation, the City shall give written notice of the violation to the owner or agent of the owner of the property at their last known address. The contents of the notice shall contain a description of the violation that would allow the owner or agent of the owner of the property to remediate the violation. The notice shall be personally served or sent by certified mail, return receipt requested. Failure to sign for the certified mail or failure to retrieve the notice from the post office shall not be deemed a lack of notice.
E.
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 the regulations made under authority of this code in the respect named in such order shall also be subject to a civil penalty of two hundred fifty dollars ($250.00).
Section 400.2330 Violations, Additional Remedies.
[Ord. No. 111808 §1(400-1207), 11-18-2008]
A.
In addition to the enforcement powers and remedies specified in this code, the City may exercise any and all enforcement powers and remedies granted to it by the State of Missouri or the General Charter of the City of Peculiar, as that authority may be amended from time to time.
1.
Immediate enforcement. If the City Planner makes a reasonable determination that any violation of this code may constitute an emergency situation, the City Planner may immediately use the enforcement powers and remedies available to their office. No notification procedures are required as a prerequisite to that action.
2.
Withhold permits or approvals. The City may deny or withhold processing and action on all permits, certificates, approvals or other authorizations related to any building, structure or land or improvements if there is a violation of any provision of this code or of a condition of a permit, certificate, approval or other authorization previously granted by the City. The City may, instead of withholding or denying an authorization, grant the requested authorization subject to the condition that the violation be corrected. These provisions shall apply regardless of whether the current owner or applicant is responsible for the violation in question.
3.
Stop work. The City may stop work on any development, building or structure on any land on which there is a violation of a provision of this code or a violation of a condition of a permit, certificate, approval or other authorization previously granted by the City.