(a) At the hearing before the hearing officer, the registered vehicle owner or operator may enter a plea of liable, not liable or liable with an explanation to the alleged violation.
(b) The issuing peace officer or other authorized parking enforcement agent shall not be required to attend the hearing.
(c) It is not required that the city’s prosecuting attorney attend the hearing. If the registered vehicle owner or operator is represented by legal counsel at the hearing, the hearing officer shall notify the prosecuting attorney who shall have a right to appear on behalf of the city at said hearing.
(d) No formal or sworn complaint shall be necessary. The hearing officer shall examine the contents of the citation and the evidence related to ownership of the vehicle in question, and shall hear and consider evidence and testimony presented by the registered vehicle owner or operator, and the issuing officer if in attendance. If the hearing officer determines by the preponderance of the evidence that the violation was committed by the registered vehicle owner or operator, the hearing officer shall find the person liable therefor.
(e) At the conclusion of the hearing, the hearing officer shall issue an order stating whether or not the registered vehicle owner or operator charged is liable for violation of the parking or stopping ordinance and the amount of any fine, costs or fee assessed against the person. The order shall be filed with the clerk of the municipal court. All such orders shall be kept in a separate index or file by the municipal court clerk using appropriate data processing techniques.
(f) Failure of the registered vehicle owner or operator charged with the offense to appear at the hearing within the aforesaid 21 calendar day period shall be considered an admission of liability for the charged offense.
(g) The Texas Rules of Evidence do not apply to a hearing under this article.
(h) The registered vehicle owner or operator charged with a parking, stopping or standing violation may contest the citation online within seven calendar days from the date of the citation. The director of the municipal courts department shall establish procedures which will allow for the online submission of written statements and evidence.
(i) The registered vehicle owner or operator charged with a parking, stopping or standing violation may contest the citation via mail within 21 calendar days from the date of the citation, by submitting written statements and evidence. The envelope containing the correspondence must be postmarked no later than the twenty-first day from the date of the citation.
(j) If the registered vehicle owner or operator charged with a parking, stopping or standing violation elects to contest the citation online or via mail, that person waives the right to an instanter hearing before a hearing officer.
(Ord. 10107, § 2, passed 5-3-1988; Ord. 20858-08-2013, § 1, passed 8-13-2013; eff. 8-19-2013)