89.120. Violations--penalties. - Missouri Statutes

Violations--penalties.

89.120. 1. In case any building or structure is erected,constructed, reconstructed, altered, converted, or maintained, or anybuilding, structure, or land is used in violation of sections 89.010 to89.140 or of any ordinance or other regulation made under authorityconferred hereby, the proper local authorities of the municipality, inaddition to other remedies, may institute any appropriate action orproceedings to prevent such unlawful erection, construction,reconstruction, alteration, conversion, maintenance, or use, to restrain,correct, or abate such violation, to prevent the occupancy of suchbuilding, structure, or land, or to prevent any illegal act, conduct,business, or use in or about such premises. Such regulations shall beenforced by an officer empowered to cause any building, structure, place,or premises to be inspected and examined and to order in writing theremedying of any condition found to exist therein or thereat in violationof any provision of the regulations made under authority of sections 89.010to 89.140.

2. The owner or general agent of a building or premises where aviolation of any provision of said regulations has been committed or shallexist, or the lessee or tenant of an entire building or entire premiseswhere such violation has been committed or shall exist, or the owner,general agent, lessee, or tenant of any part of the building or premises inwhich such violation has been committed or shall exist, or the generalagent, architect, builder, contractor, or any other person who commits,takes part or assists in any such violation, or who maintains any buildingor premises in which any such violation shall exist shall be guilty of amisdemeanor punishable as follows:

(1) In any city with more than three hundred thousand inhabitants, bya fine of not less than ten dollars and not more than five hundred dollarsfor each and every day that such violation continues, or by imprisonmentfor ten days for each and every day such violation shall continue, or byboth such fine and imprisonment in the discretion of the court.Notwithstanding the provisions of section 82.300, RSMo, however, for thesecond and subsequent offenses involving the same violation at the samebuilding or premises, the punishment shall be a fine of not less than twohundred and fifty dollars or more than one thousand dollars for each andevery day that such violation shall continue, or by imprisonment for tendays for each and every day such violation shall continue, or by both suchfine and imprisonment in the discretion of the court;

(2) In all other municipalities, by a fine of not less than tendollars and not more than two hundred fifty dollars for each and every daythat such violation continues, or by imprisonment for ten days for each andevery day such violation shall continue, or by both such fine andimprisonment in the discretion of the court. Notwithstanding theprovisions of section 82.300, RSMo, for the second and subsequent offensesinvolving the same violation at the same building or premises, thepunishment shall be a fine of not less than one hundred dollars or morethan five hundred dollars for each and every day that such violation shallcontinue, or by imprisonment for ten days for each and every day suchviolation shall continue, or by both such fine and imprisonment in thediscretion of the court.

3. Any such person who, having been served with an order to removeany such violation, shall fail to comply with such order within ten daysafter such service or shall continue to violate any provision of theregulations made under authority of sections 89.010 to 89.140 in therespect named in such order shall also be subject to a civil penalty of twohundred and fifty dollars.

(RSMo 1939 § 7419, A.L. 1989 H.B. 498, A.L. 1998 H.B. 977 & 1608 and H.B. 1352, A.L. 2008 H.B. 1849 merged with S.B. 1002)

Prior revision: 1929 § 7266