A municipal infraction is punishable by the following civil penalties:
(Code of Iowa, Sec. 364.22[1])
1. Standard Civil Penalties. Unless another civil penalty is provided elsewhere in this code for a specific violation, a municipal infraction is a civil offense punishable as provided in the following schedule of civil penalties:
(Ord. 1758 - Apr. 13 Supp.)
A. First offense – not to exceed $750.00
B. Each repeat offense – not to exceed $1,000.00
Each day that a violation occurs or is permitted to exist constitutes a repeat offense.
2. Special Civil Penalties.
A. A municipal infraction arising from noncompliance with a pretreatment standard or requirement, referred to in 40 C.F.R. § 403.8, by an industrial user is punishable by a penalty of not more than $1,000.00 for each day a violation exists or continues.
B. A municipal infraction classified as an environmental violation is punishable by a penalty of not more than $1,000.00 for each occurrence. However, an environmental violation is not subject to such penalty if all of the following conditions are satisfied:
(1) The violation results solely from conducting an initial startup, cleaning, repairing, performing scheduled maintenance, testing, or conducting a shutdown of either equipment causing the violation or the equipment designed to reduce or eliminate the violation.
(2) The City is notified of the violation within twenty-four (24) hours from the time that the violation begins.
(3) The violation does not continue in existence for more than eight (8) hours.