Section 107-739; Ord. 19311; Amending Chapter 29 of the City Code as it relates to violation and penalties


Ordinance No. 19311                            Council Bill No. B 467-06  

     AN ORDINANCE

amending Chapter 29 of the City Code as it relates to violation and penalties; and fixing the time when this ordinance shall become effective.

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS FOLLOWS:

    SECTION 1.    Chapter 29 of the Code of Ordinances of the City of Columbia, Missouri, is hereby amended as follows:

Material to be deleted in strikeout; material to be added underlined.

Sec. 29-39. Violation and penalties.

    (a)     In case any building is erected, constructed, reconstructed, altered, converted or maintained, or any building or land is used in violation of this chapter or any ordinance passed pursuant to this chapter including any statement of intent or other exhibit or attachment to such ordinance, the proper local authorities of the city, in addition to the 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 or land, or to prevent any illegal act, conduct, business or use in or about such premises. Such regulations shall be enforced by the director of public works, who is empowered to cause any building, 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 enumerated herein or any condition or other provision of an ordinance passed pursuant to this chapter.

    (b)     The owner or general agent of a building or premises where a violation of any provision of the regulations of this chapter or any condition or other provision of an ordinance passed pursuant to this chapter has been committed or shall exist, or the lessees 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 two hundred fifty dollars ($100.00 250.00) for each and every day that such violation continues, but if the offense be willful, on conviction thereof, 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. However, 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) or more than two five hundred fifty dollars ($250.00 500.00) for each and every day that such violation shall continue, 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. Any such 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 the regulations made under authority 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).

    SECTION 2.    This ordinance shall be in full force and effect from and after its passage.

    PASSED this 4th day of December, 2006.