§ 33-073. Enforcement by police department.

(a)

It shall be the duty of the police department or of such other city employees as may be designated by the city manager, to enforce the provisions of this chapter.

(b)

All violations of the provisions of this chapter and of the rules and regulations established by the director, are hereby declared to be civil offenses subject to administrative adjudication. This subsection does not apply to a violation of subsections 33-006(a) and (b) or to section 33-926 of this chapter, which are hereby declared to be criminal offenses.

(c)

The total fines, costs, and fees per violation shall not be less than ten dollars ($10.00) and shall not exceed five hundred dollars ($500.00). However, for the first violation of sections 33-725 or 33-726 of this chapter, the total fines, costs, and fees shall not be less than two hundred dollars ($200.00); for the second violation of said sections, the total fines, costs, and fees shall not be less than three hundred fifty dollars ($350.00); for the third violation of said sections, the total fines, costs, and fees shall not be less than five hundred dollars ($500.00) and shall preclude the convicted person from obtaining a historic district destination point permit, as referred to in section 33-725 under this chapter, for a period of one year from the date of conviction. Fines assessed shall be based on the relationship of the violation to the public safety, the number of violations committed by the person or company summoned, and any other considerations that may be relevant to the adjudication of the matter.

(d)

Violators shall be issued a summons. The summons must provide information as to the time and place of an administrative adjudication hearing. The city attorney's office may participate at such hearings.

(e)

Hearing officers shall be appointed by the city manager. Said officers 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 subsection (c) of this section. The order shall be filed with the municipal court clerk with a copy provided to the director. The failure of any person charged with a violation to appear at the hearing shall be an admission of liability for the charged violation.

(f)

Fines, costs, or fees assessed by the hearing officer may be levied against the license/permit bond of the 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.

(g)

The municipal court clerk shall establish a written body of administrative procedures for these cases.

(h)

A person determined by the hearing officer to be in violation may appeal the decision to municipal court by filing an appeal petition with the San Antonio Municipal Court Clerk not later than thirty (30) days after the order is filed and by paying a twenty-five dollars ($25.00) appeal filing fee. The appeal hearing must be scheduled to occur within ten (10) days of the filing of the appeal petition. The appeal hearing before a municipal court judge shall be an administrative review for the purpose of confirming or overruling the order issued by the administrative hearing officer, based upon the evidence presented to the administrative hearing officer. The record of witness testimony may be preserved for appellate review by the use of an audio tape recording or a video tape recording.

(i)

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).

(Ord. No. 2014-12-11-1002, § 1(Att. A), 12-11-14)