The doing of any act prohibited or declared to be unlawful or a misdemeanor by this code, or the omission or failure to perform any act or duty required by this code is, unless another penalty is specified, punishable by a fine not to exceed the maximum fine and term for imprisonment for a simple misdemeanor under § 903.1(1)(a) of Iowa Code. (Ord. 4441, 10-16-2000; amd. Ord. 5534, 12-30-2019)
A. Definitions: As used in this section, or with reference hereto, the following words and terms shall have the meaning ascribed thereto:
MUNICIPAL INFRACTION: The doing of any act prohibited or declared to be unlawful, an offense or a misdemeanor, by this code or any ordinance or code hereby adopted by reference, or omission or failure to perform any act or duty requested by this code or any ordinance or code herein adopted by reference. A violation shall not be a municipal infraction if it is a felony, an aggravated misdemeanor or a serious misdemeanor under state law or if the violation is a simple misdemeanor under Iowa Code chapters 687 through 747. A municipal infraction is punishable by civil penalty as provided herein.
OFFICER: Any employee or official authorized to enforce this code of the city of Waterloo.
REPEAT OFFENSE: A recurring violation of the same section of this code.
B. Adoption Of Iowa Code On Municipal Infractions: Iowa Code section 364.22, municipal infractions, is hereby adopted by reference, in its entirety. All amendments to Iowa Code section 364.22 shall automatically modify this section. (Ord. 4920, 7-14-2008)
C. Penalties: The civil penalties for municipal infractions will be in line with maximums allowed by state law. (Ord. 5133, 10-1-2012)
D. Notice Of Violation: Any act constituting a municipal infraction under this code may be initially charged upon 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 person who admits the reported violation may remit payment of the penalty to the city and perform any other act required to be performed, and in such event the person charged shall not be further prosecuted by issuance of a municipal infraction citation and will not be assessed any costs or other expenses for such violation. The city shall retain all penalties thus collected. If the person charged denies the reported violation or fails to timely perform any act required to be performed by the notice of violation, a civil municipal infraction citation shall be served in the manner prescribed by the applicable provision(s) of this code. Nothing in this section imposes a duty on the city or any officer to initially charge any act or all acts constituting a municipal infraction upon simple notice of violation, and the officer charged with enforcement may initially issue a civil municipal infraction citation seeking a civil penalty with or without additional relief. (Ord. 4920, 7-14-2008)
E. Administrative Fees: If an officer of the code enforcement division is required in the same calendar year to issue a second notice of violation, municipal infraction citation, and/or a notice of abatement for IPMC violations to a property owner for an offense at the same property, an administrative fee of one hundred dollars ($100.00) will be charged to the property owner in addition to any other fines, fees, penalties or costs imposed, and for additional notices or citations in the same calendar year the administrative fee shall be three hundred dollars ($300.00). The city clerk shall mail a statement of the administrative fee to the last known address of the owner and/or person in possession of the property as shown by the records of the county. Notice shall be by ordinary mail. Said statement shall be due and payable upon mailing and shall become delinquent if not paid within ten (10) days of the mailing date of the notice as evidenced by the date of said mailing. Any delinquent fees may be assessed against the property for collection in the same manner as a property tax, as provided in state law. A party who wishes to contest the administrative fee may file an appeal in the manner prescribed by subsection 7-5B-6B of this code. This provision is not limited to repeat offenses, but is intended to apply to any subsequent notice, citation, or abatement order as set forth above, that is issued by a code enforcement officer in the same calendar year in respect of the same property. (Ord. 5212, 4-28-2014)
A. Unpaid fees, charges, costs of service, fines, and penalties shall be handled by one or a combination of the following collection methods:
1. The Finance Department or City Attorney may retain attorneys and/or private collection agents for the purpose of collecting any default in payment or delinquency of any fees, charges, costs of service, fines, or penalties. A twenty-five percent (25%) late fee may be added to any outstanding balance at the time of referral for collection.
2. The City may use any legal means necessary to secure payment, including the submission of the debt to the State of Iowa Income Tax Offset Program pursuant to Iowa Code section 8A.504. Any fee for collection shall be added to the outstanding balance at the time of submission to the State of Iowa Income Tax Offset Program. Upon judgment, fines and fees will be collected as court debt by the Iowa Judicial Branch.
B. All bills and invoices shall contain the following notice in order to be subject to the late fee:
"Failure to pay this invoice by the required due date will result in a twenty-five percent (25%) late fee being added to any outstanding balance and the account will be forwarded to a collection agency for further efforts."
Additional notice shall also be given to comply with the Income Tax Offset Program, if applicable.
(Ord. 5677, 12-19-2022)