A. Definitions: As used in this section, the following definitions shall apply:
ENVIRONMENTAL INFRACTION: A municipal infraction that is a violation of this code or standards established by the city in consultation with the state department of natural resources or its successor.
MUNICIPAL INFRACTION: A violation of this code punishable by civil penalty and such alternative relief sought by the city and as provided by state law. (1978 Code §1-20; amd. 1994 Code)
B. Violations, Penalties And Alternative Relief:
1. Any violation of this code, with the exception of any violation which is a felony, aggravated misdemeanor or serious misdemeanor under state law or if the violation is a simple misdemeanor under the code of Iowa, as amended, is a municipal infraction.
2. Unless another civil penalty is provided elsewhere in this code for a specific violation, a municipal infraction is a civil offense punishable as provided in the following schedule of civil penalties for each day a violation exists or continues: (1978 Code §1-21; amd. 1994 Code)
First offense | $ 100.00 |
Second offense | 250.00 |
Third and subsequent offenses | 500.00 |
Environmental infraction each offense | 1,000.00 |
(Ord. 98-3849, 8-25-1998)
3. Violations arising from noncompliance with a pretreatment standard or requirement referred to in 40 CFR section 403.8, by an industrial user may be punishable by a civil penalty of not more than one thousand dollars ($1,000.00) for each day a violation exists or continues.
4. Each day that a municipal infraction occurs and/or is permitted to exist constitutes a separate offense.
5. Seeking a penalty as authorized in this chapter does not preclude the city from seeking alternative relief in the same action. Such alternative relief may include, but is not limited to, an order for abatement, injunctive relief or an action at law for damages.
6. A person committing an environmental infraction is not subject to a civil penalty if all of the following conditions are satisfied:
a. The violation results solely from a person 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 person notifies the city of the violation within twenty four (24) hours from the time that the violation begins.
c. The violation does not continue in existence for more than eight (8) hours.
d. The city shall not enforce this section against a person committing an environmental violation until the city offers to participate in informal negotiations with the person. If a person accepts the offer, the city and the person shall participate in good faith negotiations to resolve issues alleged to be the basis of the violation. (1978 Code §1-21; amd. 1994 Code)
C. Civil Citations For Municipal And/Or Environmental Infractions:
1. An officer authorized by the city to enforce the code may issue a civil citation to a person who commits a municipal infraction.
2. 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 the defendant's last known mailing address, return receipt requested, or by publication in the manner as provided in rules 60 and 60.1, Iowa rules of civil procedure.
3. One copy of the citation shall be filed with the clerk of the district court, and one copy shall be retained by the issuing officer.
4. 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 and/or description of the infraction, attested to by the officer issuing the citation, including specific reference to the city code section or ordinance under which the person is being cited.
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 or the offense cured or abated.
f. The time and place of court appearance.
g. The penalty for failure to appear in court.
h. The enforcement official may, but shall not be required to, give notice to abate prior to the issuance of a civil citation for a repeat offense involving the same property and occurring within one year of the prior violation. (1978 Code §1-22; amd. 1994 Code)
D. Enhanced Penalties For Certain Municipal Infractions:
1. Civil penalties for municipal infractions of certain sections of this code as noted therein shall be punishable as provided in the following schedule for each day a violation exists or continues:
First offense | $250.00 | |
Second offense | 500.00 | |
Third offense | 750.00 |
(Ord. 04-4135, 8-3-2004; amd. Ord. 09-4332, 3-10-2009)
First offense | $ 750.00 | |
Second and subsequent offense | 1,000.00 |
(Ord. 10-4390, 5-10-2010)
3. The civil penalty for violation of section 17-5-14 of this code shall be punishable as provided in the following schedule for each day a violation exists or continues:
First offense | $ 500.00 | |
Second offense | 750.00 | |
Third and subsequent offense | 1,000.00 |
(Ord. 14-4570, 2-18-2014)