(A)   Standard penalty. Unless another penalty is expressly provided by the code of ordinances for any particular provision, section or chapter, any person failing to perform a duty, or obtain a license required by, or violating any provision of the code of ordinances, or any rule or regulation adopted herein by reference shall be guilty of a municipal infraction, and upon conviction, be subject to a fine of up to $500 for a first offense, a fine of up to $750 for a first repeat offense, and a fine of up to $1,000 for each subsequent repeat offense.
(Iowa Code § 364.3(2)) (1999 Code, § 1.11)
   (B)   Municipal infractions.
      (1)   Municipal infraction. A violation of this code of ordinances or any ordinance or code herein adopted by reference or the omission or failure to perform any act or duty required by the same, with the exception of those provisions specifically provided under state law as a felony, an aggravated misdemeanor, or a serious misdemeanor, or a simple misdemeanor under the Iowa Code Chapters 687 through 747, is a municipal infraction punishable by civil penalty as provided herein.
(Iowa Code § 364.22(3)) (1999 Code, § 4.01)
      (2)   Environmental violation. A municipal infraction which is a violation of the Iowa Code Chapter 455B or of a standard established by the city in consultation with the Department of Natural Resources, or both, may be classified as an environmental violation. However, the provisions of this division (B)(2) shall not be applicable until the city has offered to participate in informal negotiations regarding the violation or to the following specific violations:
         (a)   A violation arising from noncompliance with a pretreatment standard or requirement referred to in 40 C.F.R. § 403.8;
         (b)   The discharge of airborne residue from grain, created by the handling, drying or storing of grain, by a person not engaged in the industrial production or manufacturing of grain products; and/or
         (c)   The discharge of airborne residue from grain, created by the handling, drying or storing of grain, by a person engaged in industrial production or manufacturing if the discharge occurs from September 15 to January 15.
(Iowa Code § 364.22(1)) (1999 Code, § 4.02)
      (3)   Penalties. A municipal infraction is punishable by the following civil penalties.
         (a)   Standard civil penalties.
            1.   First offense: at least $100, but not to exceed $500.
            2.   Second offense: at least $200, but not to exceed $750.
            3.   Third and subsequent offenses: at least $300, but not to exceed $1,000.
            4.   Each day that a violation occurs or is permitted to exist constitutes a repeat offense.
         (b)   Special civil penalties.
            1.   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 shall be punishable by a penalty of not more than $1,000 for each day a violation exists or continues.
            2.   A municipal infraction classified as an environmental violation shall be punishable by a penalty of not more than $1,000 for each occurrence. However, an environmental violation shall not be subject to the penalty if all of the following conditions are satisfied:
               a.   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;
               b.   The city is notified of the violation within 24 hours from the time that the violation begins; and
               c.   The violation does not continue in existence for more than eight hours.
(Iowa Code § 364.22(1)) (1999 Code, § 4.03)
      (4)   Civil citations. Any officer authorized by the city to enforce this code of ordinances may issue a civil citation to a person who commits a municipal infraction. The citation may be served by personal service as provided in Rule of Civil Procedure 56.1, by certified mail addressed to the defendant at defendant’s last known mailing address, return receipt requested or by publication in the manner as provided in Rule of Civil Procedure 60 and subject to the conditions of Rule of Civil Procedure 60.1. A copy of the citation shall be retained by the issuing officer, and one copy shall be sent to the Clerk of the District Court. The citation shall serve as notification that a civil offense has been committed and shall contain the following information:
         (a)   The name and address of the defendant;
         (b)   The name or description of the infraction attested to by the officer issuing the citation;
         (c)   The location and time of the infraction;
         (d)   The amount of civil penalty to be assessed or the alternative relief sought, or both;
         (e)   The manner, location and time in which the penalty may be paid;
         (f)   The time and place of court appearance; and
         (g)   The penalty for failure to appear in court.
(Iowa Code § 364.22(4)) (1999 Code, § 4.04)
      (5)   Alternative relief. In addition to the fines referenced above, the city may, at its option, seek injunctive relief against the offending party and, if said injunction is granted by the court and later violated by the offending party, seek sanctions for contempt of court against the offending party. Further, if costs are incurred to abate any nuisance or other violation of the city code or due to non-payment of charges due and owing for any service delivered, the city may, in lieu of filing liens against the property owner, seek a personal judgement against the responsible owner, renter, or occupant of a property to which the violation pertains.
(Iowa Code § 364.22(8)) (1999 Code, § 4.05)
      (6)   Criminal penalties. This chapter does not preclude a peace officer from issuing a criminal citation for a violation of this code of ordinances or regulation if criminal penalties are also provided for the violation. Nor does it preclude or limit the authority of the city to enforce the provisions of this code of ordinances by criminal sanctions or other lawful means.
(Iowa Code § 364.22(11)) (1999 Code, § 4.06)
(Ord. 2560, passed 12-12-2017)