It is the intent of this chapter to establish written procedures to be followed in the enforcement of County planning and development regulations, and to provide information to the public about enforcement procedures. In an effort to gain compliance with County regulations, all persons responsible for enforcing the County Land Development Regulations (Chapter 85, 86, 87, 88, 89, 90, 91, and 92) shall first attempt compliance through inspection, notification, and request for voluntary compliance. When all reasonable efforts have failed and administrative remedies have been exhausted, any County employee authorized to enforce the regulations may issue a citation to any person, firm, or corporation determined to be committing a County infraction.

   1.   A zoning violation is brought to the attention of the Story County Planning and Development Office.

   2.   An investigation is conducted to determine whether or not a violation exists.

   3.   If a violation exists, a Notice of Violation is provided to the violator and a copy to the complainant, if appropriate. In the case of a violation by a tenant, the property owner or agent should receive a copy of the notice. Such notice shall request voluntary compliance with the regulations and shall:

      A.   Be in writing;

      B.   Include a description of the nature of the violation, including the sections of this Code of Ordinances violated;

      C.   Include the location and time of the violation;

      D.   Allow 30 days from the date of receipt or posting of the notice to correct/abate the violation, or to submit a compliance schedule to be approved by the Planning and Development Director;

      E.   Explain that failure to correct/abate the violation within the specified time will result in further action by the County, including prosecution as a simple misdemeanor punishable by a fine or imprisonment, or the issuance of a citation and the assessment of a fine;

      F.   Explain that each day each violation continues after the compliance date may be deemed a separate offense;

      G.   Explain that the Notice of Violation may be appealed to the Board of Adjustment within 30 days from the date of receipt or posting of the notice, that an appeal stays all proceedings in furtherance of the action appealed from, that the Board of Adjustment must act within 30 days from receipt of an appeal, and that the compliance date would be 30 days from the date of the Board of Adjustment determination; and

      H.   Be served by personal service or by certified mail return receipt requested, or in the event neither can be accomplished, by posting the notice in a conspicuous place on the premises.

   If the violator does not correct/abate the violation or provide an acceptable schedule to correct/abate the violation or does not comply with the schedule, a citation for a County infraction may be issued. Any County employee authorized to enforce the regulations to which this chapter applies may issue a citation. A citation shall be issued according to the following procedure:

   1.   A County infraction is punishable by the following civil penalties:

      A.   First Offense - Not to exceed $750.00

      B.   Each Repeat Offense - Not to exceed $1,000.00

   2.   A citation may be issued only by an authorized employee who has witnessed the violation.

   3.   A citation may be issued only after the following criteria have been met:

      A.   The issuance of the citation is authorized by the Planning and Development Director;

      B.   The citation is signed by the authorized employee issuing the citation prior to issuance/service to the violator;

      C.   The citation contains all information as required by State law, including:

         (1)   The name and address of the violator;

         (2)   The name or description of the infraction attested to by the authorized employee issuing the citation;

         (3)   The location and time of the infraction;

         (4)   The amount of the civil penalty (fine) to be assessed or the alternate relief sought, or both;

         (5)   The manner, location and time in which the penalty may be paid;

         (6)   The time and place of court appearance; and

         (7)   The penalty for failure to appear in court.

   4.   The citation may be served by personal service or by certified mail return receipt requested.

   5.   If the violation has not been corrected/abated by the compliance date established on the citation, a citation may be issued immediately for a repeat offense, i.e., a recurring violation of the same section of this Code of Ordinances. Each day each violation continues after the compliance date established on the citation may be deemed a separate County infraction.

   6.   Upon issuance of a citation, the employee shall give one copy to the violator. One copy shall be retained by the Planning and Development Office and one copy sent to the Clerk of Court's Office.

   7.   All citations shall be numbered, and the Planning and Development Office shall keep a record of all citations issued or voided and shall be responsible for delivering a copy of the citation to the court.

   8.   The employee issuing the citation shall appear in court when the hearing is held.

   Pursuant to Section 331.307, Code of Iowa, the proceedings before the court are as follows:

   1.   In proceedings before the court for a County infraction:

      A.   The County has the burden of proof that the County infraction occurred and that the violator committed the infraction. The proof shall be by clear, satisfactory, and convincing evidence.

      B.   The court shall ensure that the violator has received a copy of the charges and that the violator understands the charges. The violator may question all witnesses who appear for the County and produce evidence or witnesses on the violator’s behalf.

      C.   The violator may be represented by counsel of the violator’s own selection and at the violator’s own expense.

      D.   The violator may enter a plea admitting or denying the infraction.

      E.   The verdict of the court for a County infraction shall be “guilty” of the County infraction or “not guilty” of the County infraction.

   2.   If the person named in the citation is served as provided in this section and fails without good cause to appear in response to the civil citation, judgment shall be entered against the person cited.

   3.   A person found guilty of a County infraction is liable for the court costs and fees. If a person is found not guilty of a County infraction or the action is dismissed, the County is liable for the court costs and court fees. Where the action is disposed of without payment, or provision for assessment, of court costs, the clerk shall at once enter judgment for costs against the County.

   4.   Seeking a civil penalty, as authorized in this section, does not preclude a County from seeking alternative relief from the court in the same action.

   5.   When a violator has been found guilty of a County infraction, the court may impose a civil penalty or may grant appropriate relief to abate or halt the violation, or both, and the court may direct that payment of the civil penalty be suspended or deferred under conditions established by the court. If a violator willfully fails to pay the civil penalty or violates the terms of any other order imposed by the court, the failure is contempt.

   6.   A violator who has been found guilty of a County infraction may file a motion for a new trial or a motion for a reversal of a judgment as provided by law or rule of civil procedure.

   7.   This section does not preclude a peace officer of a County from issuing a criminal citation for a violation of a County code or regulation if criminal penalties are also provided for the violation. Each day that a violation occurs or is permitted by the violator to exist, constitutes a separate offense.

   8.   The issuance of a civil citation for a County infraction or the ensuing court proceedings do not provide an action for false arrest, false imprisonment, or prosecution.