8-4A-16: APPEAL OF NOTICE OF VIOLATION:

Any person receiving a notice of violation may appeal the determination of the city engineer. The notice of appeal must be received within fourteen (14) days from the date of the notice of violation. Hearing on the appeal before the city council, or other designated committee, shall take place within fourteen (14) days from the date of receipt of the notice of appeal. The decision of the city council shall be considered final. (Ord. 4762, 3-14-2005)

8-4A-17: ENFORCEMENT MEASURES AFTER APPEAL:

If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or, in the event of an appeal, within fourteen (14) days of the decision of the city council upholding the decision of the city engineer, the city engineer shall enter upon the subject property and take measures necessary to abate the violation and/or restore the property to an acceptable condition. It shall be unlawful for any person to refuse to allow the city, or the city's designated contractor, to enter upon the premises for the purposes set forth above. (Ord. 4762, 3-14-2005)

8-4A-18: COST OF ABATEMENT OF VIOLATION:

After abatement of the violation, the owner of the property shall be notified of the cost of abatement, including administrative costs. The property owner may, within thirty (30) days following notice of abatement costs, file a written protest objecting to the amount of the assessment. If the amount due is not paid within a timely manner as determined by the city engineer, the assessment shall constitute a lien on the property pursuant to Iowa Code section 384.84. Any abatement costs not paid in full within thirty (30) days of final determination shall bear interest at the rate of ten percent (10%) per annum until paid in full. (Ord. 4762, 3-14-2005)

8-4A-19: INJUNCTIVE RELIEF:

It shall be unlawful for any person to violate, or fail to comply with, any of the requirements of this article. If a person has violated, or continues to violate, the provisions of this article, the city engineer may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation. (Ord. 4762, 3-14-2005)

8-4A-20: COMPENSATORY ACTION:

In lieu of enforcement proceedings, penalties, and remedies authorized by this article, the city engineer may impose upon a violator alternative compensatory actions. These actions may include, but are not limited to, storm drain labeling, attendance at storm water pollution prevention compliance workshops, the cleanup of local waterways or creeks, or other activity as determined appropriate by the city engineer. The failure of any person to complete any compensatory actions imposed by the city engineer shall be a violation of this article. (Ord. 4762, 3-14-2005)

8-4A-21: VIOLATIONS DEEMED A PUBLIC NUISANCE:

In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this article shall be considered a threat to public health, safety, and welfare, and is declared and deemed a nuisance. This nuisance may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken. (Ord. 4762, 3-14-2005)

8-4A-22: MUNICIPAL INFRACTION:

   A.   A violation of this article constitutes a municipal infraction under this code.

   B.   In addition to any fine or penalty, the city may recover all legal fees, court costs and other expenses associated with enforcement of this article, including necessary sampling and monitoring expenses. (Ord. 4762, 3-14-2005)

8-4A-23: REMEDIES NOT EXCLUSIVE:

The remedies listed in this article are not exclusive of any other remedies available under any applicable federal, state or local law. It is within the discretion of the city engineer to seek cumulative remedies if necessary. (Ord. 4762, 3-14-2005)

8-4A-24: ABROGATION AND GREATER RESTRICTIONS:

This article is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. Where this article and another ordinance, easement, covenant or deed restriction conflict or overlap in jurisdiction, whichever regulation imposes the greater restriction shall be enforced. (Ord. 4762, 3-14-2005)

8-4A-25: SEVERABILITY:

The provisions of this article are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this article or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or applications of this article. (Ord. 4762, 3-14-2005)