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 Iowa Code Chapters 690 through 732, is a municipal infraction punishable by civil penalty as provided herein.
(A) Environmental violation.
(1) A municipal infraction which is a violation of Iowa Code Chapter 455B or of a standard established by the city in consultation with the State Department of Natural Resources, or both, is classified as an environmental violation. However, the provisions of this subsection regarding environmental violations shall not be applicable until the city has offered to participate in informal negotiations regarding the violation.
(2) 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) 1. First offense: $750;
2. Second offense of the same chapter of city code by the same defendant: $1,000; and
3. Subsequent offenses: $1,000.
(b) 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 non-compliance, 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 $1,000 for each violation exists or continues.
(b) 1. A municipal infraction classified above as an environmental violation is punishable by a penalty of not more than $1,000 for each occurrence. However, such an environmental violation is not subject to such 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.
2. Each day that a violation exists or is permitted to exist constitutes a repeat offense.
(C) Civil citations.
(1) 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 1.305 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 1.310 and subject to the conditions of Rule of Civil Procedure 1.301 through 1.311.
(2) (a) 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.
(b) The citation shall serve as notification that a civil offense has been committed and shall contain the following information:
1. The name and address of the defendant;
2. The name or description of the infraction attested to by the officer issuing the citation;
3. The location and time of the infraction;
4. The amount of civil penalty to be assessed or the alternative relief sought, or both;
5. The manner, location and time in which the penalty must be paid;
6. The time and place of court appearance; and
7. 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.
(F) Repeat offenders. A person receiving three enforcement letters for code violations from an authorized official for the city within a 12-month period, abated or otherwise, shall have committed a municipal infraction, is declared a repeat offender, and shall be subject to the standard civil penalties as provided for in this chapter.
(Ord. 2019-02, passed 2-18-2019; Ord. 2024-11, passed 8-19-2024)