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St Clair City Zoning Code

ARTICLE XI

ADMINISTRATION AND ENFORCEMENT

Section A. - Administrative officer.

The administrative officer shall administer and enforce the provisions of this appendix. The administrative officer shall be any person designated as such by the board of aldermen.

Section B. - Powers and duties of administrative officer.

The powers and duties of the administrative officer shall be as follows:

(a)

Issue all appropriate permits and make and maintain records thereof.

(b)

Issue all certificates of occupancy and make and maintain records thereof.

(c)

Conduct inspections of buildings, structures, and the use of land to determine compliance with the terms of this appendix.

(d)

Require that all construction or work of any type be stopped when such work is not in compliance with this appendix.

(e)

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 90 days of notification.

(f)

Maintain permanent and current records of this appendix, including, but not limited to, all maps, amendments, variances, appeals, and applications.

(g)

Forward to the commission all applications for amendments to this appendix.

(h)

Forward to the board of appeals or board of adjustment, applications for appeals, variances, or other matters on which the board of appeals or board of adjustment is required to pass under this appendix. Issue permits regulating the erection and use of tents for periods not to exceed ten days for specific purposes such as: temporary carnivals, churches, charities, or charitable uses, and revival meetings, such uses not being detrimental to the public health, safety, morals, comfort, convenience, or general welfare; provided, however, that said tents or operations are in conformance with all other ordinances of the City of St. Clair.

(i)

Initiate, direct, and review, from time to time, a study of the provisions of this appendix, and to make such reports available to the commission.

(j)

Provide an interpretation of all applicable zoning regulations.

Section C. - Permit required.

Zoning permit required.

(a)

No building or other structure shall be erected, moved, added to, or structurally altered without a permit therefor, issued by the administrative officer.

(b)

No zoning permit for alteration, repair, or 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 the zoning appendix.

(c)

A temporary zoning permit may be issued by the administrative officer for a period not exceeding six months during alteration or construction for partial occupancy of a building pending its completion, or for bazaars, carnivals, and revivals, provided that such temporary permit shall require such conditions and safeguards as will protect the safety of the occupants and the public.

(d)

The failure to obtain the necessary zoning permit shall be punishable under Article X, section E of this appendix.

(e)

Zoning permits issued on the basis of plans and applications approved by the administrative officer authorize only the use, arrangement, and 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 appendix and shall be punishable as provided by Article X, section E, of this appendix.

Section D. - Permit application.

Zoning permit application.

(1)

Applications for zoning permits shall be accompanied by a duplicate set of plans drawn to a scale with the following information indicated in order to determine compliance with this appendix:

(a)

The shape and dimensions of the lot on which the proposed building or use is to be erected or conducted;

(b)

The location of the said lot with respect to adjacent rights-of-way;

(c)

The shape, dimensions, and location of all buildings, existing and proposed, on the said lot;

(d)

The nature of the proposed use of the building or land including the extent and location of the use, on the said lot;

(e)

The location and dimensions of off-street parking and loading space and the means of ingress and egress to such space; and

(f)

Any other information which the administrative officer may deem necessary for consideration in enforcing the provisions of this appendix.

(2)

If the zoning permit is denied on the basis of this appendix, the applicant may appeal the action of the building inspector to the board of appeals.

(3)

No building permit for alteration, repair, or 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 the zoning ordinance and a zoning permit has been issued.

Section E. - General penalty.

Penalties for violation of this appendix shall be as follows:

(1)

Whenever in this Code, any act is prohibited or is declared to be unlawful or an offense, misdemeanor or ordinance violation or the doing of any act is required or the failure to do any act is declared to be unlawful or an offense, misdemeanor or ordinance violation, upon conviction of a violation of any such provision of this Code, within a 12 month period beginning with the first violation, the violator shall be punished by a fine not exceeding $200.00 for the first violation, $275.00 for the second violation, $350.00 for the third violation, and $450.00 for the fourth and any subsequent violations.

(2)

Every day any violation of this Code or any other ordinance or any such rule, regulation, notice or order shall continue shall constitute a separate offense.

(3)

Whenever any act is prohibited by this Code, by an amendment thereof, or by any rule or regulation adopted thereunder, such prohibition shall extend to and include the causing, securing, aiding or abetting of another person to do said act. Whenever any act is prohibited by this Code, an attempt to do the act is likewise prohibited.

(4)

Unless otherwise prohibited law, any such person who, having been served with an order to remove any such violation, shall fail to comply with such order within ten days after such service or shall continue to violate any provision of the regulations made under authority of RSMo 89.010 to 89.140 in the respect named in such order shall also be subject to a civil penalty of $250.00 as provided for in RSMo 89.120.3.

(5)

Notwithstanding any penalty provided for herein, in any circumstance wherein the exclusive municipal penalty for an offense is otherwise established by a statute contrary to the provisions herein, the statutory penalty required to apply, and no other, shall be imposed for such offense, except that imprisonments may be in the city prison or workhouse instead of the County Jail. Nothing in this appendix shall authorize a penalty of confinement of a person for failure to pay a fine for violation of this appendix unless such non-payment violates the terms of the person's probation.

(6)

Nothing herein contained shall prevent the city from taking such other lawful action as it deems necessary to prevent or remedy any violation.

(Ord. No. 2011, § 1, 10-5-20)