A municipal infraction is punishable by the following civil penalties:
(Code of Iowa, Sec. 364.22 [1])
1. Standard Civil Penalties.
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 24 hours from the time that the violation begins.
(3) The violation does not continue in existence for more than eight hours.
3. Administrative Penalty; Notice of Violation. Municipal infractions may be initially brought upon simple notice of violation and if the person charged admits the violation, upon payment of the penalty to the City and the performance of any other act required by law to be performed, such person shall not be further prosecuted or assessed any costs or other expenses for such violation, and the City shall retain all penalties thus collected. Where a municipal infraction is not admitted upon simple notice by the person charged or where the person charged fails to perform any other act required to be performed, or both, a civil citation seeking a penalty for a municipal infraction, with or without additional relief, may be initially filed in the court. This section does not impose a duty to initially charge all municipal infractions upon simple notice of violation.
4. Costs Assessed. Any costs such as certified mail, attorney fees, and court costs can be assessed by the court to the defendant.