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Zoning
Sec. 31-3. Authority, duties of Building Official
a. Generally. It should be the duty of the Building Official
or any deputy or inspector working under his direction, to enforce the
provisions of this chapter and to refuse to issue any permit for any building
or structure or the use of any premises which would violate any of the
provisions hereof, and 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. Institution of action for violations. 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, said Building Official 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.
Sec. 31-4. Authority
of city council to amend upon recommendations of Planning and Zoning Commission
The council may, from time to time, on its own motion or on petition,
after public notice and hearings thereon as provided herein, amend, supplement,
change, modify or repeal the regulations and restrictions as established
herein and may change, restrict or extend the boundaries of the various
districts established herein. Before taking any action upon any proposed
amendment, modification, change, restriction or extension, the same shall
be referred by the city clerk of the City of Marshall, Missouri, to planning
commission of the City of Marshall, Missouri, for report and recommendation.
Sec. 31-5. Notice,
public hearing prior to action on amendments
No action on an amendment, change, modification, 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.
Sec. 31-6. Protest
by owners to proposed amendments; vote of council prescribed.
If a protest against an amendment, change, modification, repeal, restriction
or extension shall be presented, duly signed and acknowledged by the owners
of ten percent (10%) or more, either 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 eighty-five (185) feet distance
from the boundaries of the district proposed to be changed, such amendment
shall not be passed except by three fourths (3/4) vote of the city council.
Sec. 31-7. Penalty for violation of provisions
The owner or general agent of a building or premises where a violation
of any provision of the regulations 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 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 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 all 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 provision of the regulations made under
authority of this act in the respect named in such order, shall also be
subject to a civil penalty of one hundred dollars ($100.00).
Secs. 31-8 thru 31-20. Reserved
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