Riverside City Zoning Code
ARTICLE XIII
Violations and Enforcement
Section 400.1000 Responsibility for Enforcement.
[R.O. 2011 §400.1000; Ord. No. 2006-170 §1, 12-19-2006; Ord. No. 1671, 7-16-2019]
The Director of Community Development or their designees shall enforce this Chapter.
Section 400.1010 Types of Violations.
[R.O. 2011 §400.1010; Ord. No. 2006-170 §1, 12-19-2006]
A.
Any of the following shall be a violation of this Chapter and of law and shall be subject to the remedies and penalties provided in this Chapter, the City Municipal Code or the general Police powers granted by Missouri law:
1.
Subdivision, development or use without permit. To engage in any subdividing, development, use, construction, remodeling or other activity of any nature upon the land and improvements thereon, subject to the jurisdiction of this Chapter, without all of the required permits, approvals, certificates and other forms of authorization required by this Chapter in order to conduct or engage in such activity.
2.
Subdivision, development or use 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.
3.
Subdivision, development or use inconsistent with conditions. To violate, by act of omission, any term, conditions or qualification placed by the Planning and Zoning Commission, Board of Aldermen, Board of Zoning Adjustment, Director or their designees, as applicable, upon a required permit, certificate or other form of authorization granted by the Planning and Zoning Commission, Board of Aldermen, Board of Zoning Adjustment or Director or their designees to allow the use, development, sign or other activity upon land or improvements thereon.
4.
Subdivision, development or use inconsistent with this Chapter. To erect, construct, reconstruct, remodel, alter, maintain, move or use any building, structure or sign or to use any land in violation or contravention of any zoning, subdivision, sign, environmental management or general regulation of this Chapter or any amendment thereof.
5.
Make lots or setbacks non-conforming. To reduce or diminish any lot area so that the setbacks or open spaces shall be smaller than prescribed by this Chapter and the final plat or site plan.
6.
Increase intensity of use. To increase the intensity of use of any land or structure, except in accordance with the procedural and substantive requirements of this Chapter.
7.
Continuing violations. To continue any of the violations of this Section, each day that a violation continues shall be considered a separate offense.
8.
Removing, defacing or obscuring notice. To remove, deface, obscure or otherwise interfere with any notice required by this Chapter.
Section 400.1020 Remedies and Enforcement Powers.
[R.O. 2011 §400.1020; Ord. No. 2006-170 §1, 12-19-2006]
A.
The City shall have the following remedies and enforcement powers.
1.
Withhold permits.
a.
The City may deny or withhold all permits, certificates or other forms of authorization on any land or structure or improvements thereon upon that there is an uncorrected violation of a provision of this Chapter or of a condition or qualification of a permit, certificate, approval or other authorization previously granted by the City. Instead of withholding or denying an authorization, the City may grant such authorization subject to the condition that the violation be corrected. This enforcement provision shall apply regardless of whether the current owner or applicant is responsible for the violation in question.
b.
The City may deny or withhold all permits, certificates or other forms of authorization of any land or structure or improvements owned or being developed by a person who owns, developed or otherwise caused an uncorrected violation of a provision of this Chapter or of a condition or qualification of a permit, certificate, approval or other authorization previously granted by the City. This provision shall apply regardless of whether the property that the permit or other approval is sought is the property in violation.
2.
Revoke permits. Any permit may be revoked when the Director or their designees determines:
a.
There is departure from the plans, specifications or conditions as required under terms of the permit;
b.
The same was procured by false representation or was issued by mistake;
c.
Any of the provisions of this Chapter are being violated.
Such revocation may also include certificates to occupy or conduct business. 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 that such permit was issued or shall be posted in a prominent location; and, thereafter, no such construction shall proceed. Such revocation may include certificate to occupy or conduct business. |
3.
Stop work. With or without revoking permits, the City may stop work on any building, structure or project on any land that there is an uncorrected violation of a provision of this Chapter or of a permit or other form of authorization issued hereunder in accordance with its power to stop work under its building codes.
4.
Revoke plan or other approval. Where a violation of this Chapter involves a failure to comply with approved plans or conditions that 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 holder of building permits affected) and after a public hearing, revoke the plan or other approval or condition its continuance on strict compliance. The Board of Aldermen may reasonably impose other conditions to ensure the provision of security.
5.
Injunctive relief. The City may seek an injunction or other equitable relief in court to stop any violation of this Chapter or of a permit, certificate or other form of authorization granted hereunder.
6.
Abatement. The City may seek a court order in the nature of mandamus, abatement, injunction or other action or proceeding to abate or remove a violation or to otherwise restore the premises in question to the condition that they existed prior to the violation.
7.
Penalties. The penalty for a violation of this Chapter shall be governed by the City Municipal Code and the City may seek such criminal or civil penalties as are provided by Missouri law or Municipal Code.
8.
Other remedies. The City shall have such other remedies as are and as may be from time to time provided by Missouri law and the City Municipal Code for the violation of zoning, subdivision, sign or related UDO provisions.
Section 400.1030 Remedies Cumulative.
[R.O. 2011 §400.1030; Ord. No. 2006-170 §1, 12-19-2006]
The remedies and enforcement powers established in this Article shall be cumulative.
Section 400.1040 Enforcement Procedures.
[R.O. 2011 §400.1040; Ord. No. 2006-170 §1, 12-19-2006]
A.
Non-Emergency Matters. In the case of violations of this Chapter that do not constitute an emergency or require immediate attention, the Director or their designees shall give notice of the nature of the violation to the property owners or to any other person who is party to the agreement or to any applicant for any relevant permit in the manner hereinafter stated. The persons receiving notice shall have ten (10) days to correct the violation before further enforcement action shall be taken. Notice shall be given in person, by United States mail or by posting notice on the premises. Notices of violation shall state the nature of the violation and the time period for compliance and may state the corrective steps necessary and the nature of subsequent penalties and enforcement actions, should the situation not be corrected.
B.
Emergency Matters. In the case of violations of this Chapter that constitute an emergency situation as a result of safety or public concerns or violations that will create increased problems or costs if not remedied immediately, the City may use the enforcement powers available under this Article without prior notice, but the Director or their designees shall attempt to give notice simultaneously with beginning enforcement action to the property owner, to any other person who is party to the agreement and to applicants for any relevant permit.
Section 400.1050 Other Enforcement Matters.
[R.O. 2011 §400.1050; Ord. No. 2006-170 §1, 12-19-2006]
A.
Other Powers. In addition to the enforcement powers specified in this Article, the City may exercise any and all enforcement powers granted to them by Missouri law as it may be amended from time to time.
B.
Continuation. Nothing in this Chapter shall prohibit the continuation of previous enforcement actions undertaken by the City pursuant to previous and valid ordinances and laws.
Section 400.1060 Violations of Prior Regulations.
[R.O. 2011 §400.1060; Ord. No. 2006-170 §1, 12-19-2006]
All violations under the previously existing regulations that exist within the City as of the effective date of this Chapter shall continue to be violations and shall not be considered to be legal, non-conforming situations under this UDO. The City shall have the authority to secure remedies for violations of those regulations to the same extent that it may secure similar remedies for violations of this Chapter.
Section 400.1070 Penalty for Violations and Civil Remedies.
[R.O. 2011 §400.1070; Ord. No. 2006-170 §1, 12-19-2006; Ord. No. 2007-47 §28, 5-15-2007]
A.
Civil Citations. If the Director or their designees determines that a violation of this Chapter or regulations made under its authority has occurred, the Director or their designees may issue the violator a civil citation which shall be proceeded upon in accordance with the provisions herein. The civil citation shall be issued to the violator by the Director or their designees upon a uniform municipal infraction form provided by the Clerk of Municipal Court, which shall include a notice of summons to answer the charges against them within the time specified on the form for hearing before the Municipal Court. Upon issuance of a civil citation, the Director or their designees shall provide a copy of the notice of summons to the Clerk of the Municipal Court.
B.
Plea And Fines. Any person issued a civil citation for a violation of this Chapter or regulations made under its authority, for which payment of a fine may be made to the Municipal Court, shall have the option of paying the fine in the sum and within the time specified by the civil citation upon entering a plea of guilty and upon waiving an appearance in court. It shall be the duty of the Municipal Court to accept payment of a fine. The payment of a fine to the Municipal Court shall be deemed an acknowledgment of conviction of the alleged offense and the court, upon accepting the prescribed fine, shall issue a receipt to the violator acknowledging payment. Any person issued a civil citation may, in the alternative, enter a plea of not guilty and, upon the entry of a plea of not guilty, shall be entitled to a trial as authorized by law.
C.
Fine For Violations. Violations of any provision of this Chapter are hereby declared to be public offenses and pursuant to the authority of Section 89.120, RSMo. The owner or general agent of a building or premises where a violation of any provision of the regulations has been committed or exists or the lessee or tenant of an entire building or entire premises where a violation has been committed or exists or the owner, general agent, lessee or tenant of any part of the building or premises in which a violation has been committed or exists or the general agent, architect, builder, contractor or any other person who commits, takes part in or assists in any violation or who maintains any building or premises in which any violation exists shall be guilty of a misdemeanor and upon conviction thereof shall be fined pursuant to Section 100.240(E)(2) of the Municipal Code of the City of Riverside, Missouri. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.
[Ord. No. 1481 §4, 9-6-2016]
D.
Civil Lawsuits. The City shall have the authority to maintain civil suits or actions in any court of competent jurisdiction for the purpose of enforcing the provisions of this Chapter and to abate nuisances maintained in violation thereof. In the event that any building or structure is or is proposed to be erected, constructed, altered, converted, moved or maintained in violation of this Chapter or any building, structure or land is proposed to be used in violation of this Chapter, the City Attorney or other appropriate authority of the City may, in addition to any other remedies, institute injunction, mandamus or any other appropriate actions or proceeding to prevent the unlawful erection, construction, reconstruction, alteration, conversion, moving, maintenance or use or to correct or abate the violation or to prevent the occupancy of the building, structure or land or to prevent any illegal act, conduct, business or use in or about the premises.