—1. Scope of Provisions. This section contains the regulations pertaining to administration and enforcement of the provisions of this chapter, issuance of permits and certificates, inspection of property, issuance of stop-work and stop-use orders, determination of violations, and the powers to remedy violations.

2.

Officials Responsible for Administration and Enforcement. This chapter shall be administered and enforced by the Director of Transportation and Public Works and the Director of Planning, who shall have the following duties:

(1)

The Director of Transportation and Public Works.

(a)

Shall serve as the Code Official, conducting enforcement of this chapter, as well as providing technical information and advice on all life-safety code issues to the County Executive, County Council, appropriate Boards and Commissions, and other County Departments. Any use of the term Director of Transportation and Public Works, Code Official, or related titles as authorized in the Revised Ordinances of St. Louis County, Missouri, shall include their designees and deputies.

(b)

Shall approve and issue building permits, occupancy permits, and other permits, orders, and certificates as appropriate. No such approval shall be granted without receiving verification that the requirements of this chapter, any Planned District ordinance, or any special procedure permit or ordinance have been deemed satisfied by the Director of Planning. Such verification may be provided to the Code Official on the plot plan required by the St. Louis County Building Code, the Site Development Plan required by this chapter, and/or other documents required by this chapter, or applicable Planned District ordinance or special procedure permit or ordinance, or as deemed required by the Director of Planning.

(c)

Shall issue stop-work orders and stop-use orders which shall cause the cessation of any erection, construction, reconstruction, alteration, conversion, maintenance or use in violation of this chapter.

(d)

May refer any violation of the Zoning Ordinance to the County Counselor for prosecution or other appropriate action when deemed necessary.

(e)

May adopt such administrative policies as are necessary for the carrying out of enforcement responsibilities, which policies shall have general applicability to cases of similar character.

(2)

The Director of Planning.

(a)

Shall serve as the Chief Planning Officer, providing technical information and advice on all planning and zoning issues to the County Executive, County Council, appropriate Boards and Commissions, and other County Departments.

(b)

Shall serve as the Administrative Officer of the Planning Commission and as the Secretary of the Board of Zoning Adjustment, and shall conduct the following duties on behalf of those two bodies, as appropriate:

1.

Ensure their meetings and public hearings are properly noticed

2.

Draft their agendas and minutes

3.

Prepare their correspondences and reports

4.

Submit Planning Commission recommendations and decisions to the County Council for consideration

5.

Submit Board of Zoning Adjustment decisions to the Director of Transportation and Public Works as part of zoning approval process

6.

Provide technical and procedural advice during their meetings and public hearings

7.

Maintain files of their actions

8.

Recommend bylaw and rule updates at regular intervals

9.

Other duties as necessary for the bodies to carry out their functions

(c)

Shall serve as the Zoning Administrator and shall apply the provisions of this chapter or any Planned District ordinance, or any special procedure permit or ordinance to all appropriate documents and instruments, including but not limited to Plot Plans, Site Development Plans, Architectural Elevations, and Subdivision Plats to ensure compliance of development with all zoning requirements, and shall submit evidence of such verifications to the Code Official to allow the timely issuance of permits and orders. Any use of term Director of Planning, Chief Planning Officer, Zoning Administrator, or related titles as authorized in the Revised Ordinances of St. Louis County, Missouri shall include their designees and deputies.

(d)

Shall determine the actual location of zoning district boundary lines in such a way as to carry out the intent and purpose of the Zoning Ordinance and the Zoning Map for the particular section or district in question. Such determination shall be subject to appeal before the Board of Zoning Adjustment in accordance with Chapter 1004 SLCRO, as amended.

3.

Zoning enforcement procedures designed collaboratively. The Zoning Administrator and the Code Official shall jointly establish the policies and procedures for the enforcement of this chapter and all regulations and conditions governing development of property subject to Planned District ordinances and special procedure permits and ordinances.

4.

Permits and orders. No person shall construct or alter any building, structure, land or any part thereof, without a proper permit. No person shall conduct a new use, an extension or alteration of an existing use, or a conversion from one use to another, in any building, structure or land or part thereof without a proper permit; except that no permit shall be required for the raising of agricultural crops, orchards or forestry.

(1)

Building permits. No person shall locate, erect, construct, reconstruct, enlarge or alter a building or structure, or any part thereof, until the Director of Transportation and Public Works issues a building permit. The lot or parcel and the location of the building or buildings must be fixed by survey before construction is started.

(2)

Occupancy permits. No person shall occupy or use in whole or in part any building, structure, land, or any part thereof, for any purpose until the Director of Transportation and Public Works issues an occupancy permit, unless otherwise exempt. An occupancy permit shall not be issued until construction is completed and the premises inspected and certified to be in conformance with the plans and specifications on which the building permit and other necessary permits were granted.

(3)

Stop-work and stop-use orders. The Director of Transportation and Public Works is authorized to cause the cessation of any erection, construction, reconstruction, alteration, conversion, maintenance or use in violation of this chapter by posting a stop-work or stop-use notice on the premises or by providing a notice in writing to the owner of the property involved or to their agents, or to any persons doing the work. Stop-work and stop-use orders shall state the nature of the violation.

5.

Entry and inspection of structures, buildings, and lands. The Department of Planning, the Department of Transportation and Public Works, the Planning Commission, and/or the Board of Zoning Adjustment, and/or their authorized representatives may enter upon any land, structure or building in the unincorporated areas of St. Louis County for the purpose of making inspections, examinations, and surveys, or to place and maintain thereon monuments, markers, notices, signs, or placards required to effectuate the purpose and provision of this chapter in accordance with applicable law.

6.

Violations. The County may pursue applicable actions and proceedings under law or in equity to prevent any violation of this chapter; to prevent unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use of a building, structure, or land; to recover damages; to restrain, correct, halt, terminate, remove, or abate a violation; and to prevent illegal use and occupancy of a building, structure or land. Each day a violation continues after service of written notice to abate or otherwise correct any violation shall constitute a separate offense.

7.

Responsibility for violations. The following persons or entities may be jointly and severally responsible for violations of this chapter and subject to enforcement:

(1)

Any owner of property on which a violation of this chapter occurs.

(2)

Any architect, engineer, surveyor, builder, contractor, agent, or any other person who knowingly participates in, assists, directs, creates, or maintains a situation that constitutes a violation of this chapter.

(3)

Any tenant or occupant who has control over, or responsibility for, use or development of the subject property.

8.

Power to remedy violations and penalties. The County has all remedies and enforcement powers allowed by law, including, but not limited to and without limitation, all the following:

(1)

Withhold permits.

(a)

The Director of Transportation and Public Works may deny or withhold all permits or any other forms of authorization on any building, structure, land, or improvements thereupon when an existing violation of any provision of this chapter or of a condition or qualification of a permit, certificate, approval or other authorization previously granted by the County. This enforcement provision may be used regardless of whether the current owner or applicant is responsible for the subject violations.

(b)

In lieu of withholding or denying a permit or other authorization, and in consultation with the Director of Planning, the Director of Transportation and Public Works may grant conditional authorization of building permits. Any applicant is advised that conditional approvals can be revoked at any time and their decision to proceed without unconditioned approval is fully at their own risk.

(2)

Revoke permits.

(a)

A permit or any other form of authorization required under this chapter may be revoked by the Director of Transportation and Public Works when it is determined that:

i.

There are unapproved departures from approved plans or permits; or

ii.

Any provision of this chapter or approval previously granted by the County is being violated.

(b)

Written notice of revocation shall be posted on site or shall be sent by first-class mail to the subject property owner or any party that the Director of Transportation and Public Works may deem responsible.

(3)

Issuance of stop-work or stop-use orders.

(a)

If the Director of Transportation and Public Works finds work being performed in a manner contrary to the provisions of this chapter or in a dangerous or unsafe manner, the Director of Transportation and Public Works is authorized to issue a stop-work order.

(b)

If the Director of Transportation and Public Works finds any building, structure, land, or improvements thereupon being used in a manner contrary to the provisions of this chapter or in a dangerous or unsafe manner, the Director of Transportation and Public Works is authorized to issue a stop-use order.

(c)

A stop-work order or stop-use order shall be in writing and shall be posted at the site of the violation. The Director of Transportation and Public Works shall make reasonable attempts to provide a copy of the order to all persons or entities deemed responsible for the violations. Upon issuance, the cited work and/or use must cease immediately. The order shall state the reason and the conditions under which the cited work and/or use is authorized to resume.

(d)

Any persons or entities who continue any work and/or use after having been provided with an order, except such work as required to remove a violation or unsafe conditions, is subject to penalties and enforcement as set out in this section.

(4)

Injunctive relief. The County may seek an injunction or other equitable relief in court to stop any violation of this chapter or of any Planned District ordinance or of any special procedure permit or ordinance or of a permit, certificate or other form of authorization granted under this chapter or other zoning ordinances.

(5)

Forfeiture and confiscation of signs on public property. Any sign installed or placed on public property, including rights-of-way, other than signs permitted by applicable law or in compliance with the regulations of this chapter, will be considered abandoned and forfeited to the public and subject to immediate confiscation. In addition to other remedies and penalties of this chapter, the County has the right to recover from the sign owner or person who placed the sign, the full costs of sign removal and disposal.

(6)

Abatement.

(a)

The County may seek a court order for abatement or other action requiring the owner to correct a violation and order that the County's costs for abatement or correction of the violation be entered as a personal judgment against the defendant or assessed against the property on which the violation occurred, or both.

(b)

The County may seek a court order authorizing the County to abate or correct the violation and order that the County's costs for abatement or correction of the violation be entered as a personal judgment against the defendant or assessed against the property on which the violation occurred, or both.

(7)

Fines and jail. Any persons violating any provisions of this chapter or failing to comply with any of its requirements may be prosecuted as provided by law for the violation of ordinances of St. Louis County and upon conviction shall be punished by a fine not exceeding one thousand dollars ($1,000.00) for any one (1) offense or imprisonment in the County Jail for not more than six (6) months, or both such fine and imprisonment.

(8)

Other penalties, remedies and powers. The County may seek such other penalties and remedies as are provided by law. The County may institute any other proper action or proceedings to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use of any building, structure or sign; to restrain, correct, or abate such violation; to prevent the occupancy of the building, structure, land; or to prevent any illegal act, conduct, business or use in or about the premises.

(9)

Remedies cumulative. The remedies and enforcement powers established in this chapter are cumulative, and the County may exercise them in any combination or order.

(O. No. 29234, 1-21-25)