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 if the violation is a simple misdemeanor under Chapters 687 through 747 of the Code of Iowa, is a municipal infraction punishable by civil penalty as provided herein.
A. ENVIRONAMENTAL VIOLATION. A municipal infraction which is a violation of Chapter 455B of the Code of Iowa or of a standard established by the city in consultation with the Iowa Department of Natural Resources, or both, is classified as an environmental violation. However, the provisions of this section regarding environmental violations shall not be applicable until the city has offered to participate in informal negotiations regarding the violation.
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 or by a person engaged in such industrial production or manufacturing in such discharge occurs from September 15 to January 15, shall not be deemed to be a municipal infraction.
B. PENALTIES. A municipal infraction is punishable by the following civil penalties:
1. Standard Civil Penalties
a) First offense – fifty dollars ($50.00)
b) Second offense of the same chapter of city code by the same defendant – two hundred dollars ($200.00)
c) Second offense of a different chapter of city code by the same defendant – one hundred dollars ($100)
d) Subsequent offenses – five hundred dollars ($500.00)
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, pretreatment standard or requirement referred to in 40 C.F.R. § 403.8, by an industrial use is punishable by a penalty, but not more than one thousand dollars ($1,000) for each violation exists or continues
b) A municipal infraction classified above as an environmental violation is punishable by a penalty of not more than one thousand dollars ($1,000) for each occurrence. However such 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.
Each day that a violation exists or is permitted to exist constitutes a repeat offense.
C. 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 will first be served by personal service as provided in Rule of Civil Procedure 56.1, or, second, by certified mail addressed to the defendant at defendant’s last known mailing address, return receipt requested, or third, 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:
The name and address of the defendant.
The name or description of the infraction attested to by the officer issuing the citation.
The location and time of the infraction.
The amount of civil penalty to be assessed or the alternative relief sought, or both.
The manner, location and time in which the penalty must be paid.
The time and place of court appearance
The penalty for failure to appear in court.
D. ALTERNATIVE RELIEF.
Seeking a civil penalty as authorized in this chapter does not preclude the city from seeking alternative relief from the court in the same action. Such alternative relief may include, but is not limited to, an order for abatement or injunctive relief.
E. CRIMINAL RELIEF.
This chapter does not preclude a peace officer from issuing a criminal citation for a violation of the 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.