1. The following schedule of administrative penalties for violations of this chapter shall be charged on a per-day basis:
VIOLATION | PENALTY (Per-Day) |
VIOLATION | PENALTY (Per-Day) |
Failure to obtain any license | $100.00 |
Failure to provide required notification of emergency trenching or excavations | $ 50.00 |
Failure to provide required traffic control devices | $100.00 |
Failure to restore PROW as required | $ 50.00 |
Failure to properly secure steel plates | $ 75.00 |
Failure to provide required notification for inspection | $ 75.00 |
Failure of restoration within the maintenance period | $100.00 |
Failure to restore street cuts within the period provided in the license | $100.00 |
2. Notice of violation with the applicable penalty for such violation noted thereon shall be issued by the PROW administrator to the violator. The violator may request in writing a hearing before the Council within ten (10) days of receiving the notice of violation. If no request of hearing is made, it shall be presumed that the violator is guilty and the penalties shall be paid within thirty (30) days of the issuance of the notice at the PROW administrator’s office. If a hearing is held and the Council finds that the penalties should remain in place, the penalties shall be paid within twenty(20) days of the Council’s decision unless appealed to the Iowa District Court within ten (10) days of the Council’s final decision. The violator shall pay only when the final decision is made by a court of law that the penalties are warranted, if appealed to the district court.
3. The administrative penalties set out above shall be charged in lieu of fines for municipal infractions or misdemeanors, unless the PROW administrator determines that immediate enforcement action by municipal infraction or misdemeanor prosecution is necessary to achieve compliance.
4. The PROW administrator shall maintain a record of all violations, administrative penalties charged, or other enforcement action taken and shall use such records when refusal to issue a permit pursuant to this chapter is being contemplated.
The applicant shall be liable for any and all costs incurred by City because of such violations.