Every violation of an ordinance described by Section 54.032 of the Texas Local Government Code or adopted under Subchapter E, Chapter 683 of the Texas Transportation Code or under Section 214.001(a)(1) of the Texas Local Government Code may be enforced as an administrative offense using the alternative administrative adjudication procedure set forth in this article, as authorized by Section 54.044 of the Texas Local Government Code. The adoption or use of this alternative administrative adjudication procedure does not preclude the city from enforcing a violation of an ordinance described in this section through criminal penalties and procedures. (Ord. Nos. 25927; 29403)
(a) An administrative citation issued under this article must:
(1) notify the person charged with violating the ordinance that the person has the right to a hearing;
(2) provide information as to the time and place to appear before the hearing officer;
(3) include the nature, date, and location of the violation;
(4) notify the person charged with violating the ordinance of the amount of the administrative penalty for which the person may be liable and provide instructions and the due date for paying the administrative penalty;
(5) notify the person charged that any request to have the inspector who issued the citation present at the administrative hearing must be in writing and must be received by the hearing officer at least five calendar days before the scheduled hearing date and that the failure to timely request the presence of the inspector constitutes a waiver of the person's right to require the inspector to be present at the hearing;
(6) notify the person charged that failure to timely appear at the time and place of the hearing as set forth in the citation or, if the hearing is continued or postponed, at any subsequent hearing, is considered an admission of liability for the violation charged; and
(7) contain a return of service signed by the inspector indicating how the administrative citation was served on the person charged.
(b) An administrative citation under this article serves as the summons and charging instrument for purposes of this article.
(c) A copy of the administrative citation must be kept as a record in the ordinary course of business of the city by the municipal court clerk.
(d) An administrative citation kept by the municipal court clerk is rebuttable proof of the facts it states. (Ord. Nos. 25927; 30236)
(a) An attempt must be made to personally serve an administrative citation by handing it to the person charged if the person is present at the time of service or by leaving the citation at the person's usual place of residence with any person residing at such residence who is 16 years of age or older and informing that person of the citation's contents.
(b) If an attempt to personally serve the citation fails, the administrative citation must then be served upon the person charged by posting the citation on either:
(1) the front door or front gate of the premises or property; or
(2) a placard staked to the yard of the premises or property in a location visible from a public street or alley.
(c) If service upon the person charged is by posting the citation on the premises or property, a copy of the citation must also be sent to the last known address of the person charged by regular United States mail. If the person charged is the owner of the premises or property, then the last known address of the person is that address kept by the appraisal district of the county in which is located the premises or property that is the subject of the citation, except that if the owner is a corporation or other legal entity, a copy of the citation may be mailed to the registered agent's address on file with the Texas Secretary of State. If the person charged is the person in control of the premises or property, then the last known address of the person is the address of the premises or property. (Ord. Nos. 25927; 30236)
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