Sturgeon City Zoning Code
ARTICLE I
Zoning, In General
Section 405.010 Definitions.
For the purposes of this Chapter the following words and/or phrases will have the meanings indicated below:
A subordinate building having a use customarily incident to and located on the lot occupied by the main building, or a use customarily incident to the main use of the property. A building housing an accessory use is considered an integral part of the main building when it has any part of a wall in common with the main building or is under an extension of the main roof and designed as an integral part of the main building.
A minor way which is used primarily for vehicular service access to the back or side of properties otherwise abutting on a street.
A suite of rooms or a room in an apartment house arranged, intended, designed for or used as the place of residence of a single family or group of individuals living together as a single housekeeping unit.
A building arranged, intended, designed for or occupied by more than two (2) families.
A story below the first story, as defined under "story," counted as a story for height regulations if subdivided and used for dwelling purposes.
A piece or parcel of land entirely surrounded by public highways or streets, other than alleys. In cases where the platting is incomplete or disconnected, the Maintenance Superintendent shall determine the outline of the block.
A building, other than a hotel, occupied as a single housekeeping unit, where lodging or meals are provided for five (5) or more persons for compensation, pursuant to previous arrangements, but not for the public or transients.
An area established or used for ingress and egress of vehicles from a street or thoroughfare to any point on private property.
A building, or portion thereof, designed exclusively for residential occupancy, including modular homes, one-family, two-family, and multiple dwellings, boardinghouses and lodging houses, apartment houses and apartment hotels, but not hotels or motels. Unless specifically stated, the term shall not include a travel trailer, camper, or recreational vehicle, nor shall it include a manufactured home or a mobile home.
A building, or portion thereof, arranged, intended or designed for occupancy by three (3) or more families, including apartment houses, row houses, tenements and apartment hotels. Unless specifically stated, the term shall not include a travel trailer, camper or recreational vehicle, nor shall it include a manufactured home or a mobile home.
A detached building arranged, intended, or designated for occupancy by one (1) family, or for occupancy by eight (8) or fewer unrelated mentally or physically disabled persons and no more than two (2) additional persons acting as house parents or guardians who need not be related to each other or to any of the mentally or physically disabled persons. This definition shall also include any private residence licensed by the Missouri Division of Family Services or Missouri Department of Mental Health to provide foster care to one (1) or more but less than seven (7) children who are unrelated to either foster parent by blood, marriage, or adoption. Unless specifically stated, the term shall not include a travel trailer, camper or recreational vehicle, nor shall it include a manufactured home or a mobile home.
A building arranged, intended or designed for occupancy by two (2) families. Unless specifically stated, the term shall not include a travel trailer, camper or recreational vehicle, nor shall it include a manufactured home or a mobile home.
One (1) or more persons, who are related by blood, marriage or adoption, living together and occupying a single housekeeping unit with single kitchen facilities, or a group of not more than five (5) (excluding servants) living together by joint agreement and occupying a single housekeeping unit with single kitchen facilities, on a non-profit, cost-sharing basis. In addition, this definition shall also include those persons who can occupy a one-family dwelling.
Any building or premises, other than a public or private garage, providing storage for motor vehicles, with facilities for washing but no other services, such garage to be in lieu of a private garage within a block or portion of a block.
An accessory building for motor vehicles and/or storage.
Any building or premises open for the storage, sale, hiring, care or repair of motor vehicles.
A building project consisting of three (3) or more buildings, to be constructed on a plot of ground which is not subdivided into customary streets or lots, or where the existing or contemplated streets or lot layouts make it impracticable to apply the requirements of this Chapter to the individual building units in such housing project.
The vertical distance measured from the highest of the following levels:
From the median line street level;
From the average finished ground level of the portion of the lot adjoining, and within ten (10) feet of the building where it sets back from the street line ten (10) feet or more; to the level of the highest point of the roof beams of flat roofs, or roofs inclining not more than one (1) inch to the foot, and to the mean height level of the top of the main plate and highest ridge for other roofs.
The vertical distance from the lowest level of such yard or court to the highest point of any boundary wall.
A building occupied or used as a more or less temporary abiding place of individuals who are lodgers, with or without meals, and in which there are more than twelve (12) sleeping rooms and no provision for cooking in individual rooms.
A parcel of land occupied or to be occupied by one (1) building and its accessory buildings, and including such open spaces as are required under this Chapter, and having its principal frontage upon a public street or place.
The mean horizontal distance from the front street line to the rear line.
The boundary between a lot and the street on which it fronts.
The boundary line which is opposite and most distant from the street line; except that, in a case of uncertainty, the Maintenance Superintendent shall determine the rear line.
Any lot boundary line not a front or rear line thereof. A side line may be a party lot line, a line bordering on an alley or place, or a side street line.
The lines bounding a lot, as defined herein.
The mean horizontal distance between side lines, measured at right angles to the depth.
A lot abutting upon two (2) or more streets at their intersection. A corner lot shall be deemed to front on that street on which it has its least dimension, unless otherwise specified by the Maintenance Superintendent or the owner in an approved building permit.
A lot whose side lines do not abut upon any street.
An interior lot having frontage on two (2) streets.
A factory-built structure that is manufactured or constructed in compliance with and under the authority of the Federal Manufactured Housing Construction and Safety Standards Act of 1974 beginning at 42 U.S.C. § 5401 and regulations thereunder, and is to be used as a place for human habitation but which is not constructed or equipped with a permanent hitch or other device allowing it to be moved other than for the purpose of moving to a permanent site, and which does not have permanently attached to its body or frame any wheels or axles.
The mean level in front of the lot or, in case of the corner lot, along that abutting street where the mean elevation of the center line of the street is the highest.
A transportable, factory-built home, designed to be used as a year-round residential dwelling and built prior to the enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974 beginning at 42 U.S.C. § 5401, which became effective June 15, 1976.
A factory-built housing unit certified by the Missouri Public Service Commission as meeting State of Missouri building standards and codes applicable to modular housing. Once certified, modular homes, like dwellings, shall be subject to all the applicable dwelling provisions of this Chapter.
A group of attached or detached buildings containing individual sleeping or living units, designed for and used temporarily by motor vehicle tourists or transients, with garages attached or parking spaces conveniently located to each unit, including auto courts or motor lodges.
A use, building or yard which does not, by reason of design, use or dimensions, conform to the regulations of the district in which it is situated. It is a legal non-conforming use if established prior to April 28, 2003, and an illegal non-conforming use if established after April 28, 2003, and not otherwise approved as provided herein.
An accessory building for the keeping of horses, ponies, mules or cows, owned by occupants of the premises, and not kept for remuneration, hire or sale.
A stable, other than a private or riding stable, as defined herein.
A structure in which horses, ponies or mules, used exclusively for pleasure riding or driving, are housed, boarded or kept for hire, including riding track.
That part of a building included between the surface of one (1) floor and the surface of the floor next above or, if there is no floor above, that part of the building which is above the surface of the highest floor thereof. A top story attic is a half-story when the main line of the eaves is not above the middle of the interior height of such story. The first story is the highest story having its interior floor surface not more than four (4) feet above the median line street level or average ground level, as mentioned in the definition of "height of buildings" in this Section.
A public thoroughfare or place which affords principal means of access to property abutting thereon.
The dividing line between the street and the abutting property.
Any change in the supporting members of a building, such as bearing walls, columns, beams or girders.
Anything constructed or erected which requires location on the ground or which is attached to something having a location on the ground, including, but not limited to, advertising signs, billboards and poster panels, but exclusive of customary fences or boundary or retaining walls.
A modification or variation of the provisions of this Chapter, as applied to a specific piece of property, as distinct from rezoning.
An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the least horizontal distance between the lot line and the main building shall be used.
A yard across the full width of the lot extending from the front line of the main building, or that line extended, to the front line of the lot.
A yard across the full width of the lot extending from the rear line of the main building, or that line extended, to the rear lot line.
A yard between the main building and the adjacent side line of the lot, and extending entirely from the rear yard thereof.
Section 405.020 Districts Established.
A.
For the purposes of regulating and restricting the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land, regulating and restricting the location of trades and industries and the location and design of buildings for specific purposes, regulating and limiting the height and bulk of buildings and the area of yards and other open spaces, and regulating and limiting the density of population, there are hereby established eight (8) zoning districts, as follows:
1.
District "R-1." One-Family Residential District.
2.
District "R-2." Two-Family Residential District.
3.
District "R-3." Multiple-Family Residential District.
4.
District "B-1." Central Business District.
5.
District "B-2" Highway Business District.
6.
District "B-P." Planned Business District.
7.
District "B-T." Planned Trailer Court District.
8.
District "M-H." Manufactured Home Subdivision District.
Section 405.030 District Map - Interpretation Of District Boundaries - Classification Of Annexed Territory.
A.
The boundaries of the districts, as enumerated by code, are hereby established and adopted as shown upon the map which is hereby designated as the "Zoning District Map," and which map and all the notations, references and information shown thereon are hereby made as much a part of this Chapter as if the same were set forth in full herein. It shall be the duty of the City Clerk to keep on file an authentic copy of such district map, and duplicate copies thereof, showing all the changes, amendments or additions thereto. When definite distances in feet are not shown on the Zoning District Map, the district boundaries on the Zoning District Map are intended to be along existing street, alley or plotted lot lines, or extensions of the same, and, if the exact location of such line is not clear, it shall be determined by the City Clerk, due consideration being given to location, as indicated by the scale of the Zoning District Map.
B.
When streets or alleys on the ground differ from the streets or alleys shown on the Zoning District Map, the City Clerk may apply the district designation on the map to the streets or alleys on the ground in such manner as to conform to the intent and purpose of this Chapter.
C.
Whenever any street or alley is vacated, the particular district in which the adjacent property lies shall be automatically extended to the center line of any such street or alley.
D.
All territory which may hereafter be annexed to the City shall be unzoned until zoning for said territory shall be established by code.
E.
No building permits shall be used for construction within said annexed area until a zoning code is enacted and in effect.
Section 405.040 Compliance With Chapter.
A.
Except as hereinafter provided:
1.
No buildings or structures shall be erected, moved, constructed, reconstructed or structurally altered, nor shall any building, structure or land be used for any purpose other than that which is permitted in the district in which such building, structure or land is situated.
2.
No building or structure shall be erected, moved, extended, enlarged, reconstructed or structurally altered which violates the height, yard or area regulations established in this Chapter for the district in which such building or structure is situated.
3.
No lot area shall be reduced or diminished so that the yards or other open spaces shall be smaller than prescribed by this Chapter, nor shall the density or population be increased in any manner, except in conformity with the area regulations established in this Chapter.
Section 405.050 Interpretation Of Chapter; Effect Of Other Provisions.
In interpreting and applying the provisions of this Chapter, they shall be held to be the minimum requirements for the promotion of the health, safety, morals or general welfare. Whenever this Chapter requires a greater width or size of yards, courts or other open spaces, or requires a lower height of building or less number of stories, or requires a greater percentage of a lot to be left unoccupied, or imposes other higher standards than are required in any other statute or local code or regulation, the regulations of this Chapter shall govern. Whenever the provisions of any other statute or local code or regulation require a greater width or size of yards, courts or other open spaces, or require a lower height of buildings or a less number of stories, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required by the regulations of this Chapter, the provisions of such statute or local code or regulation shall govern.
Section 405.060 Enforcement Of Chapter.
It shall be the duty of the City Clerk and Maintenance Superintendent to enforce the provisions of this Chapter and to refuse to issue any building permit for any building or structure which would violate any of the provisions hereof, and either of such officers, or any deputy or inspector working under his or her direction, by and with the consent of the officer, is hereby authorized and instructed to arrest, prosecute or bring any proceedings in a proper court in the name of the City against any person violating any of the terms of this Chapter. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this Chapter, such officer is hereby authorized and directed to institute any appropriate action or proceedings to prevent such unlawful erection, maintenance, construction, reconstruction, alteration, repair, conversion or use, to restrain, correct or abate such violation, and to prevent any illegal act, conduct or use on or about such premises.
Section 405.070 Amendments - Generally.
The Board of Aldermen, from time to time on its own motion or on petition, after public notice and hearings thereon as provided in this Chapter, may amend, supplement, change, modify or repeal the regulations and restrictions as established in this Chapter and may change, restrict or extend the boundaries of the various districts established in this Chapter. Before taking any action upon any proposed amendment, modification, change, restriction or extension, the same shall be referred by the Board of Aldermen to the City Planning and Zoning Commission.
Section 405.080 Same - Protest By Owners.
If a protest against such change as described in the preceding Section 405.070 is presented duly signed and acknowledged by the owners of thirty percent (30%) or more, either of the areas of the land (exclusive of streets and alleys) included in such proposed change or within an area determined by lines drawn parallel to and one hundred and eighty-five (185) feet distant from the boundaries of the district proposed to be changed, such amendment shall not become effective except by the favorable vote of two-thirds (2/3) of all the members of the Board of Aldermen.
Section 405.090 Same - Hearing Required Before Action Taken; Notice Of Hearing.
No action on an amendment, change, modification or repeal shall be taken until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. At least fifteen (15) days' notice of the time and place of such hearing shall be published in an official paper or a paper of general circulation in the City.
Section 405.100 Building Permits.
[CC 2010 § 20.300; Ord. No. 543, 3-25-1996; Ord. No. 705, 12-28-2009; Ord. No. 872, 3-27-2017]
A.
Except as otherwise exempted in this Section, no wall, structure, building, or part thereof shall hereafter be built, erected, enlarged, or altered within the City limits until an application for a building permit shall be submitted in writing to the City Clerk, who shall in accordance with the provisions herein contained, issue a building permit for the proposed construction. The application shall be drawn to scale, correctly showing the location and actual dimensions of the lot to be occupied and the dimensions and location on the lot of the building, structure, or wall to be built, erected, altered, or enlarged. The application also shall show the use for which such building, structure or wall is arranged, intended, or designed. The application shall contain such other information as the City Clerk may require and shall be signed by the applicant. The building permit herein required shall be signed by the City Clerk and in such form as may be adopted by resolution of the Board of Aldermen. One (1) copy of the building permit shall be kept on file in the office of the City Clerk.
1.
The following shall not require a building permit, and no application for such building permit need be submitted:
a.
Ordinary repairs and minor alterations not involving any change in major structural parts such as walls, beams, girders, chimney, or flues.
b.
Minor changes or repairs in electrical wiring, electrical equipment, or plumbing (except plumbing work increasing the number of plumbing fixtures).
c.
Replacement of siding or roofing or any painting work performed. Provided, however, an application for a building permit shall be submitted for any alteration of an existing building, structure, or wall that changes either the vertical dimension or the outside dimensions of said building, structure, or wall.
B.
No building shall be moved to another location within the City limits until a permit has been obtained from the City Clerk, and such official shall not issue such permit if, in his/her judgment, the proposed new location would seriously increase the fire hazard to the surrounding buildings or would constitute a violation of any provision of the City Code.
C.
Any failure by an applicant to comply with the provisions of this Chapter shall be good cause for revocation of a building permit by the City Clerk. When any wall, structure, building, or part thereof shall be constructed within the City limits without a permit or contrary to the provisions of the City Code, it shall be taken or torn down or removed, and the expense incident thereto shall be recovered from the owner of such property by a suit in a court of competent jurisdiction initiated by the City.
D.
Such building permit shall be issued by the City Clerk, upon the submission of application and additional administration fee of twenty-five dollars ($25.00) and plans to the City Clerk demonstrating that the proposed building or remodeling project conforms to the standards and requirements of Boone County Missouri Commission Order 302-94, effective August 2, 1994, as amended, or such other building code of Boone County, Missouri, as shall be in effect at the time such plans shall be submitted to the City Clerk, subject, however, to the following exceptions:
E.
The City Clerk shall, within a reasonable time, determine whether or not the plans submitted conform to the Boone County Code, and issue or deny the requested building permit accordingly.
F.
Portable Storage Sheds. Notwithstanding any other provision of this Chapter, no building permit shall be required for any portable structure being set on property, erected, enlarged, or altered within the corporate limits of the City of Sturgeon, unless such structure is larger than one hundred sixty (160) square feet. Shipping containers, semi-trailers, railroad cargo containers, and any other containers of this nature shall not be used as portable sheds and shall not be allowed within City limits.
[CC 2010 § 22.100(2); Ord. No. 614, 4-28-2003; Ord. No. 674, 6-23-2008; Ord. No. 899, 10-22-2018; Ord. No. 923, 4-27-2020]
G.
Regulation Of Shipping Containers, Semi-Trailers, And Other Containers Of This Nature.
[Ord. No. 923, 4-27-2020[1]]
1. SHIPPING CONTAINER
Definitions. As used in this Section, the following terms shall have the meanings indicated:
Any box-like container transported by truck or trailer to a desired location for dropoff with a storage capacity of more than two hundred sixteen (216) cubic feet that would normally be stored at an off-site location. A commonly accepted name for these storage containers is PODS, an acronym for portable on-demand storage
2.
Regulation Of Shipping Containers.
a.
The maximum allowable size for a shipping container in a residential district is 160 square feet with an overall length not to exceed 20 feet.
b.
No more than one shipping container shall be allowed in the yard of any lot on which a dwelling has been constructed.
c.
A shipping container may be utilized on-site for a period not to exceed 30 days in any 360-day period.
d.
Shipping containers shall not be allowed to be placed or unloaded on any City street or right-of-way under any circumstances.
3.
Regulation Of Semi-Trailers And Other Containers Of This Nature. Semi-trailers and other containers of this nature shall not be allowed for storage purposes within City limits.
H.
Electrical Tag. An electrical tag is required when the electrical panel on any building within the corporate limits of the City of Sturgeon, Missouri, is replaced.
[CC 2010 § 22.100(3); Ord. No. 614, 4-28-2003; Ord. No. 674, 6-23-2008; Ord. No. 899, 10-22-2018]
Section 405.103 Occupancy Permit.
[CC 2010 § 20.305; Ord. No. 543, effective 3-25-1996; Ord. No. 705, 12-28-2009]
A.
No person shall occupy any newly constructed residence, any new addition to any residence or any newly remodeled area greater than five hundred (500) square feet of any residential property, the construction or remodeling of which was commenced after the effective date of this Code without first obtaining a City occupancy permit.
B.
Such occupancy permit shall be issued by the City Clerk following inspection and approval by the City Engineer or other delegate of the City establishing that the new residence, new residential addition or newly remodeled residential area for which such permit is sought conforms to the standards and requirements of Boone County Missouri Commission Order 302-94, effective August 2, 1994, as amended, or such other building code of Boone County, Missouri, as may be in effect at the time of such inspection, subject to the four (4) exceptions enumerated in Section 405.100 of this Article. The City Clerk shall issue the requested occupancy permit upon receipt of the appropriate certificate of inspection and approval.
Section 405.106 Violations And Penalties.
Section 405.110 Certificate Of Occupancy - Required; Contents; Records.
A.
No vacant land shall be occupied or used, except for agricultural uses, and no building hereafter erected or structurally altered shall be occupied or used, until a certificate of occupancy shall have been issued by the City Clerk or Maintenance Superintendent.
B.
The certificate of occupancy shall state that the building or proposed use of a building or land complies with all the building and health laws and codes and with the provisions of this Chapter. A record of all certificates shall be kept on file in the office of the City Clerk or Maintenance Superintendent, and copies shall be furnished on request to any person having proprietary or tenancy interest in the building affected.
Section 405.120 Certificate For Building.
Occupancy of the premises, or any other matter covered by this Chapter, and such temporary certificate shall not be issued except under such restrictions and provisions as will adequately insure the safety of the occupants. Any certificate of occupancy for a new building or the alteration of an existing building shall be applied for, in writing, coincident with the application for a building permit and shall be issued within ten (10) days after the erection or alteration of such building or part thereof shall have been completed in conformity with the provisions of these regulations. Pending the issuance of a regular certificate, a temporary certificate of occupancy may be issued by the City Clerk or City Engineer for a period not exceeding six (6) months, during the completion of alterations or during partial occupancy of a building pending its completion. Such temporary certificate shall not be construed as in any way altering the respective rights, duties or obligations of the owners or of the City relating to the use or relating to the use or occupancy of the premises, or any other matter covered by these codes, and such temporary certificate shall not be issued except under such restrictions and provisions as will adequately insure the safety of the occupants.
Section 405.130 Certificate For Land.
Any certificate of occupancy for the use of vacant land or the change in the character of the use of land, as herein provided, shall be applied for before any such land shall be occupied or used, and a certificate of occupancy shall be issued within ten (10) days after the application has been made; provided such use is in conformity with the provisions of this Chapter.
Section 405.140 Certificate For Non-Conforming Uses.
A certificate of occupancy shall be required for all non-conforming uses. Application for such certificate of occupancy for non-conforming uses shall be filed within twelve (12) months from the effective date of this Chapter, accompanied by affidavits showing that such non-conforming use was not established in violation of this Chapter.
Section 405.150 Completion And Restoration Of Existing Buildings.
A.
Nothing contained in this Chapter shall require any change in the plans, construction or designated use of a building for which a building permit has been heretofore issued, or plans for which are on file with the City Clerk or Maintenance Superintendent on the effective date of this Chapter, the construction of which, in either case, shall have been diligently prosecuted within one (1) year of the date of such permit, the ground story framework of which, including the second tier of beams, shall have been completed within such year, and which entire building shall be completed according to such plans, as filed, within two (2) years from the effective date of this Chapter.
B.
Nothing in this Chapter shall prevent the restoration of a non-conforming building partly destroyed by fire, explosion, act of God or act of the public enemy subsequent to the effective date of this Chapter or prevent the continuance of the use of such building, or part thereof, as such use existed at the time of such destruction of such building, or part thereof, or prevent a change of such existing use under the limitations provided herein; provided, such building is not destroyed to the extent of more than seventy-five percent (75%) of its reasonable valuation, exclusive of foundations. this Chapter shall prevent the restoration of such non-conforming building so damaged for more than seventy-five percent (75%) of the reasonable valuation and shall prevent the continuance of the use of such building, or part thereof, as such use existed at the time of such damage, and shall prevent a change of such existing use under the limitations provided by this Chapter.
C.
The provisions of this Chapter shall not apply to prevent the extension of any building existing in any district on the effective date of this Chapter, to the height which the walls, foundation and framework of such existing building originally were intended, designed and constructed to carry; provided, that the actual construction of the extensions in height permitted by this Subsection shall have been duly commenced within ten (10) years from the effective date of this Chapter.
Section 405.160 Group Housing Projects.
A.
Private developers of group housing projects must submit their plans to the City Clerk or Maintenance Superintendent for study. The Planning and Zoning Commission shall hold a public hearing and shall make recommendations to the Board of Adjustment for its consideration and determination. The developer shall pay the same fees as are required for applications for changes in zoning and for appeals.
B.
The Board of Aldermen shall apply the requirements of this Chapter to the housing project as a whole, and to the project area as a whole, in such a manner as will insure substantially the same character of occupancy, maximum intensity of use, and minimum standard of open spaces as permitted by this Chapter in the district in which the proposed project is to be located.
C.
In considering the project, the Board of Aldermen shall in no case authorize a use not permitted in the district in which the housing project is to be located; except that buildings for administration and maintenance of the project may be included; nor a building height in excess of that permitted. The minimum distance between a building and a street line shall comply with the front yard requirements of the district. No point of any building shall be nearer than twenty (20) feet to an adjacent building; except that a ten-foot minimum clearance will be permitted where there is a corner-to-corner relationship; nor nearer than twenty-five (25) feet to any boundary line of the project. The Board of Aldermen may require such additional restrictions and safeguards as it deems necessary to fulfill the purposes and intent of this Chapter. Ample open space shall be provided for recreational space, outdoor drying yards, arrangement of lawns, platting and off-street parking.
D.
A permit for a group housing project shall be issued by the City upon approval of the project by the Board of Adjustment.
Section 405.170 Accessory Uses.
A driveway or walk to provide access to premises in one (1) district shall not be permitted in a district with more restrictive requirements. Buildings, structures or uses which are accessory to the uses permitted in one (1) district shall not be permitted in a district with more restrictive requirements.
Section 405.180 Violations And Penalties.
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 proper local authorities, 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 codes shall be enforced by the City Clerk or Maintenance Superintendent, 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 this Chapter.
B.
The owner or general agent of a building or premises where a violation of any provision 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 in or assists in any such violation or who maintains any building or premises in which any such violation shall exist 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).