(A) (1) The provisions of Iowa Code § 364.22 are hereby adopted by reference the same as if fully set out herein. All violations of the code of ordinances, unless otherwise specified, shall constitute municipal infractions as defined in Iowa Code § 364.22, and shall be subject to the remedies specified herein. The City Administrator, or City Administrator’s designee(s), shall enforce the provisions of these ordinances using a form approved by the City Administrator.
(a) Definitions. For the purpose of this division (A), the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CODE. The code of ordinances of the City of Newton, Iowa, as may be amended from time to time.
SUBSEQUENT OFFENSE. A subsequent offense is a violation of the same section of the code which occurs at the same location or at a different location more than two times.
(b) Schedule of penalties.
1. Unless another penalty or procedure 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 shall be subject to the following schedule of penalties:
Schedule of Penalties | |
First offense | $$50 - 250 |
Second offense | $500 - 750 |
Subsequent offenses | $750 - 1,000 |
2. Furthermore, should a municipal infraction citation be filed with the courts, the defendant shall be required to appear in that action. Should the court enter a finding in favor of the city in that action, the court shall give consideration to ordering the defendant to abate or correct the violation.
(c) Separate offense. Each day that a municipal infraction occurs and/or is permitted to exist constitutes a separate offense.
(d) Alternative relief. Seeking a civil penalty as authorized by this section 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.
(2) (a) All code sections providing penalties which are different from the scheduled penalties established under this section as of the effective date of this chapter, except for all violations under division (B) below and any violation which would be punishable as a criminal offense under Iowa Code are hereby amended and are municipal infractions subject to the penalties and procedures set forth under this division (A).
(b) Any offense under the code which does not provide a penalty as of the effective date of this division (A) is a municipal infraction and is subject to the penalties and procedures set forth under this section.
(c) Any offense established after the effective date of this division (A), except for violations under division (B) below unless otherwise expressly provided, any violation which would be punishable as a criminal offense under the Iowa Code, or any other penalty expressly provided, shall be a municipal infraction and shall be subject to the penalties and procedures set forth under this division (A).
(3) Notice of violation. All code violations which are deemed to be municipal infractions pursuant to city code section 1.0109(A) may initially be charged upon a simple notice of violation. The city may serve a notice of violation upon a party charged with an act constituting a municipal infraction either by delivering said notice personally or by certified mail to the party's last known address.
(a) If the person charged admits the violation, such person shall be subject to the penalty applicable to municipal infractions as set forth in the schedule of penalties, unless another penalty is specifically provided for elsewhere in the code for that particular violation. Upon payment of the penalty to the City Clerk, or his or her designee, and performance of any other act required by law to be performed, the person charged shall not be further prosecuted or assessed any costs or other expenses for such violation, and the city shall retain all penalties collected pursuant to this section.
(b) Where a code violation initially charged upon a simple notice of violation pursuant to this section is not admitted by the person charged, or is admitted by the person charged but other acts required to be performed were not performed, a civil municipal infraction citation shall be served and filed with the courts in the manner prescribed by the applicable provision(s) of this code. Such municipal infraction citation may seek a penalty and/or additional relief to the extent permitted by law.
(c) This section does not impose a duty to initially charge all municipal infractions upon simple notice, and the officer charged with enforcement may initially issue a civil municipal infraction citation seeking a civil penalty with or without additional relief.
(2011 Code, § 1.0109)
(B) (1) General provisions. The provisions of Iowa Code § 364.22 are hereby adopted by reference the same as if fully set out herein. Violations of the provisions of public safety provisions shall constitute municipal infractions, as defined in said Iowa Code § 364.22, and shall be subject to the remedies specified therein. The City Administrator, or the City Administrator’s designee(s), shall enforce the provisions of this division (B).
(2011 Code, § 13.0101)
(2) Penalties. Violation of any of the provisions, standards or terms of any of the municipal infraction ordinances specified in public safety provisions shall subject the user, owner, occupant or person committing the violation to the schedule of penalties set forth in division (A) above. Each day that a violation occurs or is permitted to exist by the violator constitutes a separate offense. A repeat violation is a violation by the same person who has previously admitted the infraction or previously been found guilty of the infraction at the same location or a different location. The court shall have the power to enjoin a violator from further violations of the same provisions upon penalty of contempt of court and such other powers as may be specified in Iowa Code § 364.22 or this code of ordinances.
(2011 Code, § 13.0102)
(3) Responsible parties. The city can hold responsible the deed holders, contract purchasers and the tenants of properties for the property violations in this chapter. When a party initiates foreclosure proceedings on a property, that action establishes an ownership interest in the property that is sufficient to require that party to maintain the property free of any nuisances and be obligated to abide by and be subject to the provisions of this division (B).
(2011 Code, § 13.0103)
(4) Authority to issue citations. Citations for municipal infractions may be issued by the City Administrator or the City Administrator’s designee, Police Department, Fire Department, Public Works Department, Community Development Department or the Water Board Manager on a form approved by the City Administrator.
(2011 Code, § 13.0104)
(5) Service by citation. A citation issued pursuant to this division (B) may be served pursuant to Iowa Code § 364.22.
(2011 Code, § 13.0105)
(Ord. 2209, passed 6-4-2013; Am. Ord. 2263, passed 6-20-2016)