§ 70.05  ENFORCEMENT; PROCEDURES.
   (A)   The department is responsible for the enforcement and administration of this subchapter.
   (B)   In order to impose a civil penalty under this subchapter, a notice of violation shall be mailed to the owner of the motor vehicle against whom the city seeks to impose a civil penalty not later than the thirtieth day after the date the violation is alleged to have occurred to:
      (1)   The owner's address as indicated on the registration records of the state department of transportation; or
      (2)   If the vehicle is registered in another state or country, the owner's address as shown on the motor vehicle registration records of the department or agency of the other state or country that is analogous to the state department of transportation.
   (C)   A notice of violation issued under this subchapter shall contain the following:
      (1)   A description of the violation alleged;
      (2)   The location of the intersection where the violation occurred;
      (3)   The date and time of the violation;
      (4)   The name and address of the owner of the vehicle involved in the violation;
      (5)   The registration number displayed on the license plate of the vehicle involved in the violation;
      (6)   A copy of a recorded image of the violation limited solely to a depiction of the area of the registration number displayed on the license plate of the vehicle involved in the violation;
      (7)   The amount of the civil penalty for which the owner is liable;
      (8)   The number of days the person has in which to pay or contest the imposition of the civil penalty and a statement that the person incurs a late payment penalty of $25 if the civil penalty is not paid or imposition of the penalty is not contested within that period.
      (9)   A statement that the owner of the vehicle in the notice of violation may elect to pay the civil penalty by mail sent to a specified address instead of appearing at the time and place of the administrative adjudication hearing; and
      (10)   Information that informs the owner of the vehicle named in the notice of violation:
         (a)   Of the owner's right to contest the imposition of the civil penalty in an administrative adjudication hearing;
         (b)   That the imposition of the civil penalty may be contested by submitting a written request for an administrative adjudication hearing before the expiration of the period specified under division(C)(8) of this section;
         (c)   That failure to pay the civil penalty or contest liability for the penalty in a timely manner is an admission of liability and a waiver of the owner's right to appeal the imposition of the civil penalty; and
         (d)   That if the owner of the motor vehicle fails to timely pay the amount of the civil penalty imposed against the owner:
            1.   An arrest warrant will not be issued for the owner; and
            2.   The imposition of the civil penalty will not be recorded on the owner's driving record.
   (D)   A notice of violation under this subchapter is presumed to have been received on the fifth day after the date the violation is mailed.
   (E)   In lieu of issuing a notice of violation, the department may mail a warning notice to the owner.
   (F)   The city is authorized to direct the Montgomery County Tax Assessor/Collector and/or the Texas Department of Transportation to refuse to register a motor vehicle alleged to have been involved in a violation, if the owner of the vehicle is delinquent in the payment of the civil penalty imposed by this chapter.
(Ord. 09-0721A, passed 7-21-2009; Am. Ord. 10-0803A, passed 8-3-2010)