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)
(a) A person who has been charged with a violation of this chapter through an administrative citation shall answer to the charge by appearing in person or through counsel before the hearing officer no later than the 31st calendar day after the date the citation was issued. If the 31st calendar day falls on a day when the court is closed, then the person must appear (in person or through counsel) by the next day that the court is open.
(b) An answer to the administrative citation may be made in either of the following ways:
(1) By returning the citation, on or before the 31st calendar day from the date the citation was issued, with the applicable administrative penalties, fees, and court costs, which action constitutes an admission of liability.
(2) By personally appearing, with or without counsel, before the hearing officer on or before the 31st calendar day from the date the citation was issued and on any subsequent hearing date. The person charged in the administrative citation must be present at the hearing and cannot be represented by anyone other than an attorney who has a license to practice law in Texas, which is in good standing. If the person charged is a corporation or a business entity, the corporation or business entity must be represented by an attorney who has a license to practice law in Texas, which is in good standing. (Ord. Nos. 25927; 30236)
(a) A person who fails to answer an administrative citation as required by Section 27-16.15 of this chapter is considered to have admitted liability for the violation charged. Upon proof of service by the city, the hearing officer shall issue, in writing, an administrative order of liability and assess against the person charged with the violation an appropriate amount of administrative penalties, fees, and court costs.
(b) The hearing officer shall assess an additional $36 administrative penalty for each violation (other than a violation of Section 49-21.1 of this code) for which a person is found liable, which amount will be placed in the Dallas Tomorrow Fund or the Dallas Animal Welfare Fund, as applicable. In no case may the total amount of administrative penalties assessed against a person for a violation exceed the maximum penalty established by city ordinance for the particular violation, and in no case may the total amount of administrative penalties, including the $36 administrative penalty, assessed against a person for a violation be less than the minimum penalty established by city ordinance for the particular violation.
(c) Within seven calendar days after the hearing officer files the administrative order of liability with the municipal court clerk, the municipal court clerk shall send a copy of the order to the person charged with the violation. The copy of the order must be sent by regular United States mail to the person's last known address as defined in Section 27-16.14(c). The administrative order must include a statement:
(1) of the amount of the administrative penalties, fees, and court costs;
(2) of the right to appeal to municipal court before the 31st calendar day after the date the hearing officer's order is filed with the municipal court clerk;
(3) that, unless the hearing officer's order is suspended through a properly filed appeal, the administrative penalties, fees, and court costs must be paid within 31 calendar days after the date the hearing officer's order is filed;
(4) that, if the administrative penalties, fees, and court costs are not timely paid, the penalties, fees, and costs may be referred to a collection agency and the cost to the city for the collection services will be assessed as costs, at the rate agreed to between the city and the collection agency, and added to the judgment; and
(5) that the city may enforce the hearing officer's administrative order by:
(A) filing a civil suit for collection of the administrative penalties, fees, and court costs;
(B) obtaining an injunction to prohibit specific conduct that violates the order or to require specific conduct necessary for compliance with the order; or
(C) both (A) and (B). (Ord. Nos. 25927; 29403; 29618; 30236)
(a) Hearing officers shall be recommended by the administrative judge and appointed by the city council, and shall serve until a successor is recommended by the administrative judge and appointed by the city council. Hearing officers shall administratively adjudicate violations of ordinances 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. The city council shall appoint one hearing officer and may appoint a maximum of five associate hearing officers, who shall meet the same qualifications and have the same powers, duties, and functions of the hearing officer.
(b) A hearing officer must meet all of the following qualifications:
(1) Be a resident of the city of Dallas at the time of employment as a hearing officer and maintain residency in the city throughout such employment.
(2) Be a citizen of the United States.
(3) Be a licensed attorney in good standing.
(4) Have two or more years of experience in the practice of law in the State of Texas.
(c) A hearing officer shall have the following powers, duties, and functions:
(1) To administer oaths.
(2) To accept admissions to, and to hear and determine contests of, premises and property violations under this article.
(3) To issue orders compelling the attendance of witnesses and the production of documents, which orders may be enforced by a municipal court.
(4) To assess administrative penalties, fees, and court costs in accordance with this article.
(5) To question witnesses and examine evidence offered.
(6) To suspend the payment of administrative penalties for a specific period of time.
(7) To make a finding as to the financial inability of a person found liable of a violation to comply with an administrative order and to refer that person to potential sources of funding to assist the person in complying with the administrative order.
(8) To make a finding as to the financial inability of a person found liable of a violation to pay for the transcription of any recording of an administrative hearing and/or to post an appeal bond. (Ord. Nos. 25927; 30236)
(a) Every hearing for the adjudication of an administrative citation under this article must be held before a hearing officer. A hearing cannot be held without the presence of the person charged or the person's attorney.
(b) At a hearing under this article, the administrative citation is rebuttable proof of the facts that it states. Evidence of compliance with the ordinance after the administrative citation was issued can be taken into consideration by the hearing officer when assessing a reasonable administrative penalty, but the evidence is not considered rebuttal evidence nor does it refute or contradict the allegations made in the citation.
(c) The formal rules of evidence do not apply to the hearing, and any relevant evidence will be deemed admitted if the hearing officer finds it competent and reliable. The hearing officer shall make a decision based upon a preponderance of the evidence presented at the hearing, after giving due weight to all rebuttable proof established by this article or other applicable law.
(d) Each party shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine opposing witnesses on any matter relevant to the issues, and to rebut evidence; except that, if the person charged fails to make a timely, written request to have the inspector who issued the citation present at the hearing, the person charged will be deemed to have waived the right to call and examine that inspector.
(e) The hearing officer may examine any witness and may consider any evidence offered by a witness or person charged with a violation, giving due weight to all testimony and evidence offered.
(f) If requested by the hearing officer or any party to the hearing prior to commencement of the hearing, the administrative hearing will be recorded electronically. Failure to timely request that the administrative hearing be electronically recorded constitutes a waiver of the right to have a record of the hearing. The person charged may, at his expense, have a court reporter present in the hearing room during the proceedings.
(g) After hearing all the evidence, the hearing officer shall immediately issue an order in writing, either:
(1) finding the person charged liable for the violation, assessing the applicable administrative penalties, fees, and court costs, and notifying the person of the right of appeal to municipal court; or
(2) finding the person charged not liable for the violation.
(h) The hearing officer shall assess an additional $36 administrative penalty for each violation (other than a violation of Section 49-21.1 of this code) for which a person is found liable, which amount will be placed in the Dallas Tomorrow Fund or the Dallas Animal Welfare Fund, as applicable. In no case may the total amount of administrative penalties, including the $36 administrative penalty, assessed against a person for a violation be more than the maximum penalty or less than the minimum penalty established by city ordinance for the particular violation.
(i) A person who has been found liable for a violation may, after the hearing officer has issued an administrative order but prior to the conclusion of the hearing, assert financial inability to bring the property or premises into compliance with the order. At that time, the hearing officer shall suspend enforcement of the administrative order for a specific time not to exceed 30 days and set the matter for an indigency hearing pursuant to Section 27-16.19(e), if, in the interests of justice, the attorney for the city believes that a further extension should be granted, the attorney for the city can make a motion to extend the suspension period for a specific time and present the motion to the hearing officer for a ruling.
(j) An administrative order of the hearing officer must be filed with the municipal court clerk. (Ord. Nos. 25927; 29403; 29618; 30236)
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