§ 18-21. Enforcement provisions.
It is unlawful for a person to do or perform any act prohibited by this division, and it shall be unlawful for a person to fail to do or perform any act required by this division. Anyone who violates any provision of this Act shall be liable to be prosecuted in criminal and civil courts by the city, under all applicable provisions and laws as authorized by the city and the state, and will be strictly accountable for any penalties and punishments accrued therefrom.
Criminal enforcement: A violation of this Act is a strict liability offense, and no mental state is necessary for proof of the defendant's culpability. A violation of this division is a Class C misdemeanor offense. Upon finding of culpability, a person shall be fined an amount not less than one hundred dollars ($100.00), nor more than five hundred dollars ($500.00). Each day in which a violation occurs shall constitute a separate violation.
Administrative hearing officer enforcement: All violations of the provisions of this chapter and of the rules and regulations established by the director, determined to be related to health and safety violations may be enforced by administrative adjudication.
The total fines, costs, and fees per violation shall not be less than three hundred dollars ($300.00) and shall not exceed one thousand dollars ($1,000.00). The total fines, costs, and fees shall not be less than five hundred dollars ($500.00); for the second violation of said sections. The total fines, costs, and fees shall not exceed one thousand dollars ($1,000.00) for the third violation of said sections. Fines assessed shall be paid before a new license will be issued each year. Violators shall be issued a summons. The summons must provide information as to the time and place of an administrative adjudication hearing.
The designated administrative hearing officer may question witnesses and review documents presented by the parties before issuing an order. The order shall be in writing and shall state whether the person charged is liable for the violation, and the amount of any fines assessed against the person or company charged. The fines shall be assessed in accordance with this section. The failure of any person charged with a violation to appear at the hearing shall be an admission of liability for the charged violation, and will result in default judgment.
Fines, costs, or fees assessed by the hearing officer may be levied against the license/permit holder, if the person summoned or the holder for whom such person works, fails to pay such fines, costs, or fees within thirty (30) days after the order is filed.
A person determined by the administrative hearing officer to be in violation may appeal the decision to municipal court by filing an appeal petition with the municipal court clerk not later than thirty (30) days after the order is filed and by paying the a twenty-five dollar ($25.00) appeal filing fee. The appeal hearing must be held within ten (10) days of the filing of the appeal petition. The appeal hearing before a municipal court judge shall be pursuant to the pure substantial evidence rule and limited to affirming, reversing, or modifying the order issued by the administrative hearing officer, based upon the evidence presented to the administrative hearing officer as reflected in the court records and transcripts. It is the sole responsibility of the person appealing the administrative hearing officer's decision, to formally request in writing that a record be made of the hearing prior to the actual hearing. The record of witness testimony may be preserved for appellate review by the use of an audio tape recording or a video tape recording. All costs, including costs to transcribe audio or video recordings to written documents, all other transcripts and all court records, shall be paid for by the person appealing the administrative hearing officer's decision, and must be fully paid upon notice of appeal, or notice of cost from the court clerks, whichever is later.
Neither a notice of intent to appeal nor the filing of an appeal petition shall stay the enforcement and collection of the judgment order unless the service of the notice of appeal is preceded by the posting of a cash bond in the same amount of the adjudged penalty. However, the bond may not in any case be for a sum less than fifty dollars ($50.00).
Appeals of default judgments before an administrative hearing officer are defined as follows. "Default judgment" means that which is defined in § 239 et seq. of the Texas Rules of Civil Procedure. Upon appeal of a default judgment, the standard rules apply. Because these cases are fine-only civil enforcement actions taken before an administrative hearing officer, for an appeal, no transcript of a hearing is necessary, nor is it necessary for any evidence to be presented or preserved before the administrative hearing officer. Additionally, a correct copy of the original petition or affidavit of the Code officer shall be adequate proof of the underlying charges or claims, so long as the same are legally sufficient.
Civil injunction enforcement: Violations of the provisions of this chapter which rise to the level of a common or public nuisance will be liable to being enjoined by the city in an injunctive lawsuit in state district court. In addition to being restrained by order of the court, the violators may be subject to further penalties—both monetary and injunctive—as well as being held responsible to pay the city for the city's attorneys' fees and all such costs for pursuing this lawsuit against them.
(Ord. No. 2017-12-14-1009 , § 1, 12-14-17)