(A) 
As an alternative to other available enforcement and adjudication processes, an administrative adjudication procedure, as authorized by Texas Local Government Code section 54.044, is hereby adopted to provide for Code Enforcement administrative adjudication hearings under which an administrative penalty may be imposed for the enforcement of an ordinance violation:
(1) 
Described by Texas Local Government Code section 54.032 (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 Texas Local Government Code Section 214.001(a)(1) (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 Texas Transportation Code Ch. 683, Subchapter E (relating to junk vehicles).
(4) 
Described in the sections listed below of the City of Garland Code of Ordinances:
(a) 
Chapter 21, Fire Prevention and Protection, Article I, Fire Prevention (violations of the International Fire Code as adopted and amended within Chapter 21 of the Garland Code of Ordinances).
(b) 
Section 26.132(D), Failure to remove graffiti.
(c) 
Section 30.05, Exterior materials.
(d) 
Chapter 30, Building Inspection, Article XIII, International Residential Code (violations of the International Residential Code as adopted and amended within Chapter 30 of the Garland Code of Ordinances).
(e) 
Chapter 30, Building Inspection, Article XV, International Property Maintenance Code (violations of the International Property Maintenance Code as adopted and amended within Chapter 30 of the Garland Code of Ordinances).
(f) 
Section 32.03, Substandard premises.
(g) 
Section 30.207, Maintenance.
(h) 
Section 32.52, Weeds.
(i) 
Section 32.53, Nuisance.
(j) 
Section 32.54, Encroachments.
(k) 
Section 32.65, Litter; throwing prohibited.
(l) 
Section 32.82, Offenses (Junked Vehicles, Junked Boats, and Other Junked or Inoperable Equipment).
(m) 
Section 52.13, Placement of residential solid waste for collection.
(5) 
Described in the sections listed below of the Garland Development Code:
(a) 
Section 2.52, Special Standards for Certain Uses.
(b) 
Section 4.72, Existing Signs.
(c) 
Section 4.78, Signs - Permit Required.
(d) 
Chapter 4, Site Development, Article 8, Fences, Division 2, Fence Regulations.
(6) 
Or as otherwise provided by state law.
(Ordinance 7669 adopted 4/21/2026)
A violation of an ordinance enforced under this article is an administrative violation, a civil infraction, for which a civil penalty will be assessed. Nothing contained in this article shall preclude the City from enforcing a violation of the above-described or referenced ordinances through criminal penalties or other available legal remedies.
(Ordinance 7669 adopted 4/21/2026)
(A) 
Requirements.
A notice of violation issued under this article must:
(1) 
Include the nature, date, and location of the violation alleged;
(2) 
Notify the person charged with violating an ordinance of the amount of the civil penalty to be imposed for the violation;
(3) 
Provide instructions and the due date for paying the civil penalty;
(4) 
Provide information that informs the person named in the notice of violation:
(a) 
Of the person's right to contest the imposition of the civil penalty against the person in an administrative adjudication hearing;
(b) 
Of the manner and time in which imposition of the civil penalty may be contested;
(c) 
That failure to pay the civil penalty or to contest liability in a timely manner, by either paying the penalty by the due date, or appearing at an administrative hearing, on or before the hearing date listed on the notice, is an admission of liability; and
(d) 
That failure to pay the civil penalty within the time allowed shall result in the imposition of a late-payment fee and may result in added collection fees in the amounts designated in the Master Fee and Rate Schedule, Chapter 10, Article VII, Section 10.85.
(5) 
The City shall retain evidence of service of the notice of violation and make the same available to the hearing officer.
(B) 
Charging instrument.
The notice of violation issued under this article serves as the summons and charging instrument for purposes of this article.
(C) 
Retention.
A copy of any notice of violation issued under this article shall be kept as a record in the ordinary course of business of the City by the City Secretary but may be stored within City-designated software systems.
(D) 
Admissibility of notice.
A notice of violation kept as a record under subsection (C) of this section shall be admissible as evidence of the facts it states, but it shall not, in and of itself, constitutes a prima facie case of the violation alleged.
(Ordinance 7669 adopted 4/21/2026)
A notice of violation issued under this article shall be served by hanging the notice on the front door, or in a prominent place on the front porch of the premises on which the violation occurred; personally on the person charged; by certified mail, return receipt requested; or by First Class mail. A notice of violation that is mailed shall be mailed to the last known address of the person charged, or to the property where the violation occurred, if the owner is not known. A notice of violation issued under this article is presumed to have been received on the fifth day after the date the notice of violation is mailed unless the notice is returned to the City for reasons other than nonacceptance or refusal of acceptance.
(Ordinance 7669 adopted 4/21/2026)
A hearing date scheduled under this article shall be at least fifteen (15) calendar days following the date of personal service of the notice of violation, or the mailing of the notice of violation.
(Ordinance 7669 adopted 4/21/2026)
The presiding judge of the Municipal Court shall appoint a hearing officer who shall conduct all hearings under this article. To be eligible for appointment as a hearing officer, a person may not have served, at any time during the preceding ten (10) years, as an employee, officer, appointee, or elected official of the city. A hearing officer shall have the following powers, duties, and functions:
(1) 
To hear argument and determine liability in administrative adjudication hearings under this article;
(2) 
To rule on motions;
(3) 
To administer oaths;
(4) 
To issue orders compelling the attendance of witnesses and the production of documents, which order may be enforced by a Municipal Court;
(5) 
To question witnesses and examine evidence offered;
(6) 
To assess administrative penalties, fees, and costs of court in accordance with this article;
(7) 
To dismiss a notice of violation and waive any civil penalty upon a finding that the person charged has demonstrated compliance with the ordinance provision at issue, consistent with section 24.71(H) of this article; and
(8) 
Any other power necessary to carry out the express powers of this section or as may otherwise be assigned to the hearing officer by this code or other law.
(Ordinance 7669 adopted 4/21/2026)
(A) 
Hearing officer.
Every hearing for the adjudication of an administrative notice of violation under this article shall be held before a hearing officer.
(B) 
Standard of proof.
In an administrative adjudication under this article, the alleged violation must be proven by a preponderance of the evidence.
(C) 
Proof of facts.
In an administrative adjudication under this article, a violation may not be proven merely by the allegations contained in the notice of violation alone. However, a photograph taken of the violation, in conjunction with the notice of violation, constitute a prima facie case of the violation alleged to prove the allegations. The photograph must depict the violation and contain stamped information on its face indicating the date, time, and geographical location of the violation.
(D) 
Rules of evidence inapplicable; admissibility.
The formal rules of evidence and procedure do not apply to a hearing under this article, and relevant evidence will be admitted if the hearing officer finds that evidence is of that quality which reasonable persons are accustomed to relying on in the conduct of serious affairs, regardless of the existence of any common law or statutory rule to the contrary.
(E) 
Right to call and examine witnesses.
Each party shall have the right to call and examine witnesses; to introduce exhibits; to cross-examine opposing witnesses on any matter relevant to the issues; and to rebut the opposing party's evidence.
(F) 
Examination of witness by hearing officer.
The hearing officer may examine any witness and may consider any evidence offered by a witness or person charged with a violation, giving due weight to all testimony and evidence admitted.
(G) 
Decision of hearing officer.
At the conclusion of the hearing, the hearing officer shall issue an order stating whether the person charged with a violation is liable for the violation and the amount of any penalty, cost, or fee assessed against the person. If a person fails to appear for a scheduled hearing, the person will be found liable for the violation and an order of liability will be issued.
(H) 
Dismissal upon demonstration of compliance.
(1) 
Applicability.
This subsection (H) applies to a notice of violation issued under this article when the notice of violation is the first notice issued to the person charged for a violation of the same ordinance provision within the twelve (12) calendar months immediately preceding the date of the notice of violation. For purposes of this subsection (H), each distinct ordinance provision shall be tracked separately, and a prior notice of violation for one ordinance provision shall not be counted as a prior offense for a different ordinance provision.
(2) 
Demonstration of compliance.
A person who receives a notice of violation that qualifies under subsection (1) may demonstrate compliance with the ordinance provision at issue by:
(a) 
Submitting to the Code Compliance Division photographic or other documentary evidence, in a form and manner prescribed by the Director of Code Compliance or designee, that the violation has been corrected; or
(b) 
Requesting and passing a re-inspection of the property by a Code Compliance officer confirming that the violation has been corrected.
(3) 
Administrative dismissal.
If, before the hearing date scheduled under section 24.69, the Code Compliance Division confirms that the person charged has demonstrated compliance under subsection (2), the Director of Code Compliance or designee may recommend dismissal of the notice of violation. Upon such recommendation, the notice of violation shall be dismissed and no civil penalty, fee, or cost shall be assessed against the person charged.
(4) 
Dismissal by hearing officer.
If a person charged with a violation that qualifies under subsection (1) appears before the hearing officer and demonstrates compliance under subsection (2), the hearing officer may dismiss the notice of violation. Upon dismissal under this subsection, no civil penalty, fee, or cost shall be assessed against the person charged.
(5) 
No fee for dismissal.
No administrative fee, processing fee, or other charge shall be imposed as a condition of or in connection with a dismissal under this section.
(6) 
Effect of dismissal.
A notice of violation dismissed under this section shall not be counted as a prior offense for purposes of determining the applicable civil penalty for any subsequent notice of violation issued under this article.
(7) 
Limitation.
This section does not apply to a notice of violation if the person charged has received a prior notice of violation for the same ordinance provision within the twelve (12) calendar months immediately preceding the date of the current notice of violation, regardless of whether the prior notice was dismissed under this section or otherwise resolved.
(I) 
Assessment and payment of penalties and fees.
A person who is found liable after an administrative adjudication hearing, or who fails to appear on or before and at the time and place of the hearing, is liable for administrative hearing costs in the amount designated in the Master Fee and Rate Schedule, Article VII, Section 10.85, of Chapter 10, in addition to the amount of the civil penalty assessed for the violation. A person who is found liable for a civil penalty after an administrative adjudication hearing shall pay the civil penalty and costs within thirty-one (31) days of the hearing. The payment of the civil penalty and costs assessed pursuant to this article shall operate as a final disposition of the violation charged, except when payment is made to reset a scheduled hearing or to file an appeal.
(J) 
Continuances and rescheduling.
A scheduled hearing may not be continued or reset at the request of the person charged with a violation more than once unless the person charged deposits with the hearing officer an amount equal to the applicable civil penalty for the alleged violation. The hearing officer shall issue a receipt for any amount so deposited. After presentation of the receipt, all amounts so deposited shall be refunded to the person charged if the hearing officer, or the Municipal Court on appeal, finds that the person is not liable for the violation.
(Ordinance 7669 adopted 4/21/2026)
(A) 
A person who receives a notice of violation under this article may contest the imposition of the civil penalty by appearing before the hearing officer on or before the hearing date listed on the notice. If there is not a hearing date listed on the notice of violation, the person may submit a written request for an administrative adjudication of the civil penalty within the time provided in the notice. Upon receipt of the request, the City shall notify the person of the date and time of the hearing on the administrative adjudication. A request for a hearing is considered timely if the request is deposited in the United States mail, properly addressed and stamped, on or before the last date for filing as specified in the notice.
(B) 
A property owner or tenant of a property containing violations under this article may be jointly and severally liable to the City for violations.
(Ordinance 7669 adopted 4/21/2026)
(A) 
Contents.
If the hearing officer finds a person liable for a violation under this article, the order shall contain a statement:
(1) 
Finding the person charged liable for the violation;
(2) 
Of the amount of civil penalties (as designated in the Master Fee and Rate Schedule, Article VII, Section 10.85, of Chapter 10), in addition to any late fees, collection fees, and court costs, if applicable;
(3) 
Of the right to appeal to the Municipal Court before the thirty-first (31st) day after the date the hearing officer's order is filed; and
(4) 
That the order issued by the hearing officer may be enforced by the filing of a civil suit for collection of the administrative penalties, fees, and costs of court; and (for other than parking violations) by obtaining an injunction that prohibits conduct that violates the ordinance or requires conduct necessary for compliance with the ordinance.
(B) 
Notification.
Within seven (7) days after filing an order of liability issued under this article, the hearing officer shall notify the person against whom an administrative penalty has been assessed of the issuance of the order. An order of liability issued under this article shall be in writing and may be served personally upon the person charged, or by first class United States mail. An order that is mailed shall be mailed to the last known address of the person charged and is presumed to have been received on the fifth day after the date the order was mailed.
(C) 
Filing.
A copy of an order issued by the hearing officer under this article shall be maintained by the hearing officer or filed with the City Secretary's Office. The order may be recorded using microfilm, microfiche, electronic storage, or data processing techniques.
(D) 
Order is final if not timely appealed.
If a person found liable for a violation does not timely appeal the hearing officer's order, the hearing officer's order shall become a final judgment enforceable as provided by law.
(E) 
Payment of administrative penalty; costs and fees.
A person who is found liable for a violation under this article is liable for administrative hearing costs in the amount designated in the Master Fee and Rate Schedule, Article VII, Section 10.85, of Chapter 10, in addition to the amount of the civil penalty assessed for the violation. A person who does not file a timely appeal of a determination of the hearing officer shall pay all civil penalties, costs, and fees assessed by the hearing officer before the thirty-first (31st) day after the date the hearing officer's determination is filed with the City Secretary's Office.
(Ordinance 7669 adopted 4/21/2026)
(A) 
Appeal to Municipal Court.
A person who is found liable may appeal to the Municipal Court by filing a notice of appeal with the Clerk of the Municipal Court. The notice of appeal must be filed not later than the thirty-first (31st) day after the date on which the hearing officer entered the finding of liability and shall be accompanied by an appeal bond in the amount that is double the civil violation amount the hearing officer ordered paid, plus any appeal associated court costs (i.e., jury fee).
(B) 
Effect of filing; bond.
An appeal stays the enforcement and collection of the judgment unless the City, at a hearing before a Municipal Court Judge for that purpose, demonstrates that a violation that is the subject of the proceeding has not been corrected or, if corrected, has reoccurred.
(1) 
Waiver of bond.
If the presiding judge of the Municipal Court determines that the person found liable for a violation is indigent and financially unable to pay the costs of an appeal bond, the presiding judge may order a waiver of those costs.
(C) 
Standard of review.
The Municipal Court Judge shall conduct a hearing de novo, under the procedures for administrative hearings as set out in section 24.71 and with all the authorities given the hearing officer under section 24.70, in addition to any other authorities the Municipal Judge is given. At the conclusion of the hearing, the Municipal Judge shall issue an order stating whether the person charged with a violation is liable for the violation and the amount of any penalty, cost, or fee assessed against the person. The ruling of a Municipal Court Judge in an appeal under this article is a final judgment.
(D) 
Standard of proof.
In an appeal under this article, the alleged violation must be proven by a preponderance of the evidence.
(E) 
Time for ruling.
The Municipal Court Judge shall rule on an appeal within an administratively reasonable time from receiving the record of the case of the administrative hearing. The decision on appeal shall be rendered in writing, with a copy provided to the appellant in the same manner as required for the service of a notice of violation under this article. The decision of the Municipal Court Judge shall be filed with the Clerk of the Municipal Court. The ruling of a Municipal Court Judge in an appeal under this article is a final judgment.
(F) 
Payment of penalties.
All penalties, fees, or costs assessed by the hearing officer shall be paid within thirty days of the date of the Municipal Court Judge's ruling or at a time or manner set by the Municipal Court Judge in the Municipal Court Judge's reasonable discretion.
(Ordinance 7669 adopted 4/21/2026)
The City Attorney may enforce an order issued under this article against a person charged with a violation by filing a civil suit for the collection of a penalty assessed against the person and by obtaining an injunction that prohibits specific conduct that violates the ordinance or that requires specific conduct necessary for compliance with the ordinance.
(Ordinance 7669 adopted 4/21/2026)
(A) 
Unless otherwise required by law, all fines, penalties, costs, and fees collected under this article shall be paid into the City's general fund for the use and benefit of the City.
(B) 
Any collection fees shall be paid to the collection service, as required by law.
(Ordinance 7669 adopted 4/21/2026)