Article 22. Violation and Penalty

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This is only one article of the full zoning ordinances. To see the full, official document, either scroll to the bottom of this article or click here.

Section 22.1. VIOLATION AND PENALTY.

Unless provided elsewhere in this ordinance or the city’s municipal code, any person, firm, corporation, or agent in charge of such building or land who violates, disobeys, omits, neglects or refuses to comply with, or resists the enforcement any of the provisions of this ordinance or any amendment thereof; or who shall build or alter any building in violation of any detailed statement or approved plan with the exception of those provisions specifically provided under State law as a felony, an aggravated misdemeanor, or a serious misdemeanor; or a simple misdemeanor under Chapters 687 through 747 of the Code of Iowa, is a municipal infraction and punishable by civil penalty as provided herein (Code of Iowa, Sec. 331.307[3]). Each day that a violation continues to exist constitutes a separate offense.

A municipal infraction for a zoning violation in Rock Valley, Iowa is punishable under the following civil penalties: (Code of Iowa, Sec. 331.307[1])

  • First offense – no less than $250 and not to exceed $750.00, plus court costs
  • Second and repeat offenses – no less than $250 and not to exceed $1,000.00, plus court costs

The owner or tenant of any building, structure, premises or part thereof, and any architect, builder, contractor, agent or other person who commits, participates in, assists in, or maintains such violation, may each be found guilty of a separate offense and suffer the penalties herein provided. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.

 

Section 22.2. RESTRAINING ORDER.

Upon any building, structure or land being used, erected, constructed, reconstructed, altered, repaired, converted, maintained, or demolished in violation of this ordinance the City Attorney, in addition to other remedies, may institute any proper action or proceed in the name of the City of Rock Valley to prevent such unlawful use, erection, construction, reconstruction, alteration, repair, conversion, maintenance, or demolition of or about said premises.

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