City of pleasant hope missouri municipal code

Section 405.110: Administrative Procedures

Sub Section A. Compliance Authority - (Planning and Zoning Secretary)

The Board of Aldermen shall designate someone to administer and ensure compliance of this Chapter. Unless otherwise provided for in this Chapter, the Planning and Zoning Secretary shall have the following responsibilities:

1. 
   Receive applications for zoning (rezonings), variances and appeals and for amendments to this Chapter. City Inspector shall authorize building permits, occupancy permits, sign permits and other permits as required by this Chapter.
   
2. 
   Interpret the provisions of this Chapter in connection with the above prescribed duties and other duties as may be prescribed by the Board of Aldermen in administration of this Chapter.
   
3. 
   Maintain records of official actions of the Planning and Zoning Commission.
   

Sub Section B. Inspection and Right of Entry

1. 
   Inspections authorized.
   

The Zoning Administrative Official is authorized to make inspections on all buildings, structures, premises or construction within the City limits to determine compliance with the requirements of this Chapter. The Inspector shall have the authority to enter or conduct such inspection at any reasonable hour.

2. 
   Notification required for inspections.
   

It shall be the responsibility of the property owner or person engaged in the construction, installation or repair of any structure, building or premise to obtain all necessary permits and inspections. Unless otherwise specified under other provisions of this Chapter, a minimum of forty-eight (48) hours' notice shall be given to the City prior to the commencement of any construction, installation or repair activity requiring inspection.

Section 405.120: Enforcement and Penalties

Sub Section A. Persons Liable

Any person, firm, partnership or corporation who fails to comply with or violates any of the regulations in this Chapter may be held responsible for the violation and be subject to the penalties and remedies herein provided.

Sub Section B. Stop Work Order

Whenever any work is being done on any property within the corporate limits of Pleasant Hope that is in violation of the requirements of this Chapter, the City may order the work to be stopped and may revoke all permits and certificates previously issued by the City and cause all said work to stop. The penalties proscribed herein for violation shall continue for each day until the violation is remedied.

Sub Section C. Penalties

1. 
   Pursuant to the provisions of Section 89.120, RSMo., violations of this Chapter or failure to comply with any of its requirements shall constitute an offense, punishable by a fine of not less than ten dollars ($10.00) nor 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 ($250.00) 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.
   
2. 
   Each day that any such violation continues after written notification by the City, delivered by certified mail, that such violation exists shall be considered a separate offense for purposes of the penalties and remedies specified herein.
   

Sub Section D. Civil Enforcement

Any person who having been served with an order to remove any such violation shall fail to comply with such 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). Appropriate actions and proceedings may be taken by law or in equity pursuant to Section 89.120, RSMo., to prevent any violation of these regulations, to prevent unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, to restrain, correct or abate a violation, to prevent illegal occupancy of a building, structure or land or to prevent any illegal conduct, business or use in or about such premises and these remedies shall be in addition to the penalties described above.

Section 405.130: Board of Adjustment

Sub Section A. Membership of the Board of Adjustment

The Board of Adjustment for the City of Pleasant Hope shall consist of five (5) members, all of whom shall be residents of Pleasant Hope appointed by the Mayor and approved by a majority of the Board of Aldermen. Three (3) alternate members may be appointed to serve in the absence or disqualification of regular members. Members shall serve without compensation.

Sub Section B. Period of Appointment

Members of the first (1st) appointed Board of Adjustment shall serve as follows: one (1) member for one (1) year, one (1) member for two (2) years, one (1) member for three (3) years, one (1) member for four (4) years and one (1) member for five (5) years. Thereafter, members shall be appointed for terms of five (5) years each. Any vacancy in membership shall be filled for the unexpired term by appointment by the Mayor and approval by the Board of Aldermen.

Sub Section C. Removal of Members

All members and alternates may be removed for cause by the Board of Aldermen upon written charges and after a public hearing. The absence of a member from three (3) consecutive meetings shall constitute just cause for removal from the Board of Adjustment.

Sub Section D. Meetings of the Board of Adjustment

1. 
   Adopting rules. The Board of Adjustment shall adopt rules of procedure in accordance with the provisions of Sections 89.010 to 89.170, RSMo.
   
2. 
   Meeting schedule. Meetings of the Board of Adjustment shall be held at the call of the Chairperson and at such other times as the Board of Adjustment may determine. Meetings shall be held frequently enough so that applications and appeals may be processed expeditiously
   
3. 
   Open meetings. All meetings of the Board of Adjustment shall be open to the public and the agenda for each meeting shall be made available to the public in advance of the meeting as required by law.
   
4. 
   Minutes of meetings. The Board of Adjustment shall keep minutes of its proceedings, showing the vote of each member upon question. The minutes shall reflect if a member is absent or fails to vote. All minutes shall be filed with the City Clerk and shall become public record. All testimony, objections thereto and rulings thereon, shall be taken down by a reporter.
   
5. 
   Board of Adjustment quorum. At any meeting at which a vote is taken to reverse any order, requirement, decision or determination of the Administrative Official or to vote on any applicant request, a quorum for the Board of Adjustment shall consist of the number of members equal to four-fifths (4/5) of the regular Board membership, excluding vacant seats. A member, who has withdrawn from the proceedings without an excuse, as provided for in Sub Section (F), shall be counted as present for purposes of determining a quorum. Three (3) members shall constitute a quorum for meetings of the Board of Adjustment for all other matters.
   

Sub Section E. Powers and Duties of Board of Adjustment.

The Board of Adjustment shall hear and decide:

1. 
   Appeals from any order, decision, requirement or interpretation made by any administrative official of the City.
   
2. 
   Applications for variances.
   
3. 
   Questions involving interpretations of the Zoning Map, including disputed district boundary lines and lot lines.
   
4. 
   Any other matter the Board is required to act upon by any other City ordinance.
   

Sub Section F. Board of Adjustment Voting.

1. 
   The concurring vote of four (4) members of the regular Board membership (excluding vacant seats) shall be necessary to reverse any order, requirement, decision or determination of the Administrative Official or to decide in favor of the applicant on any matter upon which it is required to pass including to grant any variance. All other actions of the Board shall be taken by a majority vote.
   
2. 
   Failure of a member present at the Board of Adjustment meeting to vote shall be recorded as an affirmative vote unless the member has been excused in accordance with Sub Section (F)(3) or has been allowed to withdraw in accordance with Sub Section (F)(4).
   
3. 
   A member shall excuse himself/herself from voting on an issue if any of the following conditions exist:
   

1. 
   The member has direct financial interest in the outcome of the issue, or
   
2. 
   The issue involves the member's own official conduct, or
   
3. 
   Participation in the matter might violate the letter or spirit of a member's code of professional responsibility, or
   
4. 
   A member has such close personal ties to the applicant that the member cannot be expected to exercise sound judgment in the public interest.
   

4. 
   A member may be allowed to withdraw from the remainder of a meeting by majority vote of the remaining members present for any good reason other than a desire to avoid voting on matters to be considered at the meeting.