A municipal infraction is punishable by a civil penalty as provided in the following schedule, unless a specific schedule of civil penalties is provided for specific offenses elsewhere in the code. The enforcement officer issuing a civil citation is authorized to assess the penalty amount within the following schedule:
(Code of Iowa, Sec. 364.22[1])
1. Standard Civil Penalties.
A. First offense - a fine of at least $50.00, but not to exceed $750.00
B. Second offense - a fine of at least $100.00, but not to exceed $1000.00
C. Third offense - a fine of at least $250.00, but not to exceed $1000.00
Each day that a violation occurs or is permitted to exist constitutes a repeat offense.
(Ord. 597 - Jan. 14 Supp.)
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 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.