(A)
As an alternative to other available enforcement and adjudication processes, an administrative adjudication procedure is hereby adopted to provide for administrative adjudication hearings under which an administrative penalty may be imposed for the enforcement of an ordinance:
(1)
Described by section 54.032 of the Texas Local Government Code (relating to building safety, fire safety, dangerously damaged or deteriorated buildings, conditions caused by the accumulation of refuse, vegetation or other matter that creates breeding and living places for insects and rodents, and building codes, conditions, uses, and appearance);
(2)
Adopted under section 214.001(a)(1) of the Texas Local Government Code (relating to a building that is dilapidated, substandard or unfit for human habitation and a hazard to the public health, safety, and welfare);
(3)
Adopted under subchapter E of chapter 683 of the Texas Transportation Code (relating to junk vehicles);
(4)
Or as otherwise provided by state law.
(B)
A proceeding brought under the provisions of this article may, at the option of the person charged with a violation, be converted into a criminal proceeding to be processed as any other criminal violation in the Municipal Court. A proceeding may not be converted into a criminal proceeding under this section if the person charged with a violation:
(1)
Is a corporation, partnership, or is otherwise not a natural person;
(2)
Is a nonresident of this state; or
(3)
Has been previously convicted in a criminal proceeding for violating the same provision of this Code that is charged in the current administrative proceeding. For the purpose of this subsection, a conviction includes an adjudication of guilt or an order of deferred adjudication, whether or not the imposition of the sentence is subsequently dismissed or probated.
(Ordinance 6009, sec. 5, adopted 6/6/06; Ordinance 6097, sec. 1, adopted 2/20/07)