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BULLET St. Louis City Revised Code Chapter 26.100 Violations

St. Louis City Revised Code (annotated) has been converted to electronic format by the staff of the St. Louis Public Library. This electronic version has been done for the interest and convenience of the user. These are unofficial versions and should be used as unofficial copies.

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Chapter 26.100
Violations

Sections:

26.100.010 Penalty for violations.
26.100.020 Civil remedies.
26.100.030 Revocation of conditional use permit.
26.100.040 Revocation of variance.

City Counselor Ops.: 8777

26.100.010 Penalty for violations.

The owner or general agent of a building or premises where a violation of any provision of the zoning 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 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 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 fifty dollars ($250.00) for each and every day that such violation shall continue or by both such fine and imprisonment in the discretion of the court. 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 provisions of the regulations made under authority of the zoning code in the respect named in such order shall also be subject to a civil penalty of two hundred fifty dollars ($250.00).
(Ord. 59979 26 (part), 1986.)

Cases:

Circuit court has power in certiorari proceeding to order individual to vacate illegal residence and punish for contempt disobedience of such order, Hernreich v. Quinn, 168 S.W. 2d 1054 (1943).

Where an ordinance is unconstitutional, no one can be punished for having refused obedience to it before decision was made. City of St. Louis v. Polar Wave Ice and Fuel Co., 296 S.W. 993 (1927).

McQuillin:

25.335 et seq. Prosecution on proceeding for zoning violations.

26.100.020 Civil remedies.

In addition to the above remedies, the City Counselor may file an action to restrain any violation of the zoning code. Any person owning property in any district where his rights may be affected or invaded by a violation of the terms of the zoning code may bring suit in any Court of competent jurisdiction and obtain such remedies as may be available at law or in equity to protect his rights.
(Ord. 59979 26 (part), 1986.)

26.100.030 Revocation of conditional use permit.

A. Any use which constitutes an enlargement, alteration or extension in the permitted use of a building, structure or premises for which a conditional use permit has been granted, or any permitted use of a building, structure or premises for which a conditional use permit with conditions has been granted and said conditions are not complied with shall be a violation of the zoning code.

B. Upon notice from the Code Official that a use which may constitute an enlargement, alteration or extension in the permitted use of a building, structure or premises for which a conditional use permit has been granted has occurred, or that a permitted use of a building, structure or premises for which a conditional use permit with conditions has been granted and said conditions are not complied with, the Board of Public Service shall notify the owner of said building, structure or premises, and the party to whom said permit was granted, of a hearing to be held within 30 days of the date of said notice, to determine whether the use is an enlargement, alteration or extension in the permitted use for which a conditional use permit has been granted, or to determine whether the use for which a conditional use permit with conditions has been granted is in compliance with said conditions.

C. If it is found by the Board of Public Service that an enlargement, alteration or extension in the permitted use of the building, structure or premises for which a conditional use permit has been granted has occurred, or that the permitted use of the building, structure or premises for which a conditional use permit with conditions has been granted and said conditions have not been complied with, the conditional use permit or conditional use permit with conditions shall be revoked.

D. No new conditional use permit or conditional use permit with conditions shall be issued for the subject property for a period of one year from the date of revocation.
(Ord. 64051 1, 1997.)

26.100.040 Revocation of variance.

A. Any use which constitutes an enlargement, alteration or extension in the permitted use of a building, structure or premises for which a variance has been granted, or any permitted use of a building, structure or premises for which a variance with conditions has been granted and said conditions are not complied with shall be a violation of the zoning code.

B. Upon notice from the Code Official that a use which may constitute an enlargement, alteration or extension in the permitted use of a building, structure or premises for which a variance has been granted has occurred, or that a permitted use of a building, structure or premises for which a variance with conditions has been granted and said conditions are not complied with, the Board of Adjustment shall notify the owner of said building, structure or premises, and the party to whom said variance was granted, of a hearing to be held within 30 days of the date of said notice, to determine whether the use is an enlargement, alteration or extension in the permitted use for which a variance has been granted, or to determine whether the use for which a variance with conditions has been granted is in compliance with said conditions.

C. If it is found by the Board of Adjustment that an enlargement, alteration or extension in the permitted use of the building, structure or premises for which a variance has been granted has occurred, or that the permitted use of the building, structure or premises for which a variance with conditions has been granted and said conditions have not been complied with, the variance or variance with conditions shall be revoked.

D. No new variance or variance with conditions shall be issued for the subject property for a period of one year from the date of revocation.
(Ord. 64051 2, 1997.)

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