§ 90-169. Administrative Adjudication Hearing.

(a)

A person who receives a notice of violation under this article may contest the imposition of the civil penalty specified in the notice of violation by filing a written request for an administrative adjudication hearing. The request for a hearing must be filed with the Department not later than the 30th day after the date the notice of violation was mailed.

(b)

On receipt of a timely request for an administrative adjudication hearing, the Department shall notify the person of the date, time and place of the hearing. The hearing shall be held within 30 days of the request for a hearing unless the person who receives the notice of violation is granted a delay by the hearing officer.

(c)

A hearing officer designated by the City Council shall conduct the administrative adjudication hearing. The hearing officer shall have authority to issue orders compelling the attendance of witnesses and the production of documents.

(d)

In an administrative adjudication hearing, the issues must be proven by a preponderance of the evidence.

(e)

The reliability of the photographic traffic signal enforcement system used to produce the recorded image of the motor vehicle involved in the violation may be attested to by affidavit of an officer or employee of the Department or by an officer or employee of the local authority of the entity with which the City has contracted with under section 707.003(a)(1) of the Texas Transportation Code and who is responsible for inspecting and maintaining the system.

(f)

An affidavit of an officer or employee of the Department that alleges a violation based on an inspection of the applicable recorded image is:

(1)

admissible in the administrative adjudication and in an appeal under section 90-171; and

(2)

evidence of the facts contained in the affidavit.

(g)

It shall be an affirmative defense to liability under this article, to be proven by the person contesting liability by a preponderance of the credible evidence, that:

(1)

the person was operating the motor vehicle in compliance with the lawful order or direction of a police officer, fire fighter or other person authorized by local, state or federal law to direct or control traffic;

(2)

the person had no other choice but to violate the instructions of the traffic-control signal in order to yield the right-of-way to an immediately approaching authorized emergency vehicle;

(3)

the person was operating an emergency vehicle as defined in chapter 546 of the Texas Transportation Code and that the person with acting in compliance with that chapter;

(4)

the license plate depicted in the recorded image was a stolen plate and being displayed on a motor vehicle other than the motor vehicle for which the plate had been issued;

(5)

at the time of the violation, and if the owner is a natural person, the vehicle was being operated by a person other than the owner of the vehicle and the owner, in the proceeding, provides the name and current home address of the person who was operating the vehicle at the time and place of the violation;

(6)

prior to the time of the violation, the owner transferred title to the motor vehicle described in the notice of violation to another person or entity and the owner, in the proceeding, provides the name and current address of the subsequent owner of the vehicle; and

(7)

the person was arrested or issued a citation and notice to appear by a peace officer for a violation of section 544.007(d) of the Texas Transportation Code which was recorded by the photographic traffic signal enforcement system.

(h)

To demonstrate that at the time of the violation the motor vehicle was stolen or that the license plate displayed on the vehicle was stolen, the owner must submit proof acceptable to the hearing officer that the theft of the vehicle or license plate was reported to the appropriate law enforcement agency.

(i)

In the event that the owner submits the proof described in section 90-166(b)(10)(F) or in the event that the owner establishes the affirmative defense described in section 90-169(g)(5) or rebuts the presumption of violation described in section 90-168, the Department may issue a notice of violation to the person alleged by the owner to have been driving the motor vehicle at the time of the violation within 30 days of the Department's receipt of the proof described in sections 90-166(b)(10)(F) and 90-168(b) or within 30 days of the hearing at which the owner established the affirmative defense described in section 90-169(g)(5).

(j)

A person who is found liable for the violation at the hearing must pay the civil penalty and an additional administrative fee in the sum of $25.00 within 31 days after the date of the hearing. The failure to pay the civil penalty and additional administrative fee before that date without having appealed the decision to the Municipal Court shall result in the assessment of a late-payment fee of $25.00.

(k)

A person who requests a hearing to contest the civil penalty and who fails to appear at the hearing shall be liable for an additional administrative fee of $25.00. Such failure to appear shall constitute an admission of liability and a waiver of the person's right to appeal the imposition of the civil penalty.

(Ord. No. O-2008-004-04, § 1, 3-24-08)