Loading...
(a) If the director or the chief of police determines that a licensee, either personally or through an employee or agent, violates this article, the terms of its license, a rule or regulation established by the director or the chief of police, or other law, the director or the chief of police may notify the licensee in writing of the violation and by written order direct the licensee to correct the violation within a reasonable period of time. In setting the time for correction, the director or the chief or police shall consider the degree of danger to the public health or safety and the nature of the violation. If the violation involves equipment that is unsafe or functioning improperly, the director or the chief of police shall order the licensee to immediately cease use of the equipment.
(b) If the director or the chief of police determines that a violation constitutes an imminent and serious threat to the public health or safety, the director or the chief of police shall order the licensee to correct the violation immediately, and, if the licensee fails to comply, the director or the chief of police shall promptly take or cause to be taken such action as considered necessary to enforce the order immediately.
(c) The director or the chief of police shall include in a notice issued under this section an identification of the specific violation, the date of issuance of the notice and the time period within which the violation must be corrected, a warning that failure to comply with the order may result in suspension or revocation of license or imposition of a fine or both, and a statement indicating how the order may be appealed. (Ord. 24661)
(a) A licensee shall designate and maintain a representative to receive service of notice required under this article to be given a licensee.
(b) Notice required under this article to be given to:
(1) a licensee must be personally served by the director on the licensee or the licensee’s designated representative; or
(2) a driver permitted by the city under Division 3 of this article must be personally served or sent by certified United States Mail, five day return receipt requested, to the address, last known to the director, of the person to be notified.
(c) Notice required under this article to be given a person other than a driver permitted under Division 3 of this article or a licensee may be served in the manner prescribed by Subsection (b)(2).
(d) Service executed in accordance with this section constitutes notice to the person to whom the notice is addressed. The date of service for notice that is mailed is the date received. (Ord. 24661)
(a) A licensee may appeal a correction order issued under Section 15D-61 if an appeal is requested in writing not more than 10 days after notice of the order or action is received.
(b) The city manager or a designated representative shall act as the appeal hearing officer in an appeal hearing under this section. The hearing officer shall give the appealing party an opportunity to present evidence and make argument. The formal rules of evidence do not apply to an appeal hearing under this section, and the hearing officer shall make a ruling on the basis of a preponderance of evidence presented at the hearing.
(c) The hearing officer may affirm, modify, or reverse all or a part of the order of the director. The decision of the hearing officer is final. (Ord. 24661)
(a) A person commits an offense if he violates a provision of this article applicable to him.
(b) A separate offense is committed each day in which an offense occurs. An offense committed under this article is punishable by a fine of not less than $200 or more than $1,000 as provided by Section 2308.505 of the Texas Occupations Code, as amended. The minimum fine established in this subsection will be doubled for the second conviction of the same offense within any 24-month period and trebled for the third and subsequent convictions of the same offense within any 24-month period. At no time may the minimum fine exceed the maximum fine established in this subsection.
(c) The culpable mental state required for the commission of an offense under this article is governed by Section 1-5.1 of this code.
(d) Prosecution for an offense under Subsection (a) does not prevent the use of other enforcement remedies or procedures applicable to the person charged with the conduct or involved in the offense. (Ord. Nos. 24661; 27487)