ALTERNATIVE ADMINISTRATIVE ADJUDICATION PROCEDURE

Houston Code of Ordinances ch. 10, art. XVIII

in effect

Houston Code of Ordinances § 10-701 In general.

Sec. 10-701. - In general. Every violation of an ordinance in this Code or the Construction Code that is described by Section 54.032 of the Texas Local Government Code or adopted under Section 214.001(a)(1) of the Texas Local Government Code may be prosecuted as an administrative offense using the alternative administrative adjudication procedure in this article. The adoption or use of this alternative administrative adjudication procedure does not preclude the city from prosecuting a violation of an ordinance described in this section through criminal penalties and procedures or through the procedures provided in article IX of this chapter. (Ord. No. 2010-815, § 2, 10-13-2010)

Houston Code of Ordinances § 10-702 Definitions.

Sec. 10-702. - Definitions. The following words, terms, and phrases when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Day means a calendar day, unless otherwise specified. Inspector means all persons designated by the building official or neighborhood protection official to enforce the provisions of chapter 10 of this Code, the Construction Code, and related laws. (Ord. No. 2010-815, § 2, 10-13-2010)

Houston Code of Ordinances § 10-703 Administrative citations and summons.

Sec. 10-703. - Administrative citations and summons. (a) An administrative citation or summons may be issued for violations described by Section 54.032 of the Texas Local Government Code or adopted under Section 214.001(a)(1) of the Texas Local Government Code. Each citation or summons will include the following information: (1) The amount of the administrative penalty, costs, and fees; (2) The nature, date, and location of the violation; (3) The person's right to a hearing; (4) The time, date, and location of the hearing; (5) That the failure to timely appear at any scheduled hearing is an admission of liability for the violation for which the citation or summons was issued; and (6) That the inspector who issued the citation or summons is not required to appear at the hearing, but the person charged with the violation may request that the inspector be present by submitting a written request to the clerk of the municipal courts at least 15 days before the hearing. Absent a timely request for the inspector to be present, the person charged is deemed to have waived the right to call and examine that inspector. (7) That if the person charged wants a record of the proceeding or a translator, the person must notify the clerk of the municipal courts at least five days before the hearing date. Absent a timely request, the person is deemed to have waived the right to have a record of the hearing or to have a translator. (b) For purposes of this article, a citation may also serve as a summons. (Ord. No. 2010-815, § 2, 10-13-2010)

Houston Code of Ordinances § 10-704 Record of citations and summons.

Sec. 10-704. - Record of citations and summons. The original or a copy of the administrative citation or summons shall be kept as a record in the ordinary course of the business of the municipality and is rebuttable proof of the facts it states. (Ord. No. 2010-815, § 2, 10-13-2010)

Houston Code of Ordinances § 10-705 Service of administrative citations and summons.

Sec. 10-705. - Service of administrative citations and summons. (a) An administrative citation or summons may be served in the following manner: (1) Personal service by: a. Personally handing it to the person charged; b. If the person charged is not available, leaving the citation or summons at the person's residence with any person who is 16 years of age or older; or c. If the person charged is not available, leaving the citation or summons at the person's place of business with any person who is 16 years of age or older and an employee or agent of the person charged; or (2) Mailing it by certified mail to the address shown in the appraisal district records of the county in which the premises or property that is the subject of the citation or summons is located; or (3) Posting the citation or summons on either: a. The front door of the premises or property; or b. A placard staked to the yard of the premises or property in a location visible from a public street or alley. (b) If service upon the person charged is by posting the citation or summons on the premises or property, a copy of the citation or summons must also be sent by regular United States mail to the address shown in the appraisal district records of the county in which the premises or property that is the subject of the citation or summons is located. (c) If service upon the person charged is by posting the citation or summons on the premises or property, a photograph of the posting and a copy of the mailed notice must be forwarded with a copy of the citation or summons to the clerk of the municipal courts. (Ord. No. 2010-815, § 2, 10-13-2010)

Houston Code of Ordinances § 10-706 Responding to citations and summons.

Sec. 10-706. - Responding to citations and summons. The person charged with the violation may answer the citation or summons by: (1) Paying the administrative penalty, costs, and fees prior to the scheduled hearing date. Payment constitutes an admission of liability; or (2) Appearing in person at the scheduled administrative hearing at the time, date, and location set forth in the citation or summons. (Ord. No. 2010-815, § 2, 10-13-2010)

Houston Code of Ordinances § 10-707 Failure to appear.

Sec. 10-707. - Failure to appear. (a) Failure to timely appear at any scheduled hearing is an admission of liability for the violation for which the citation or summons was issued. (b) The hearing officer shall issue in writing an administrative order of liability and assess against the person charged with the violation the appropriate administrative penalties, costs, and fees. (c) The administrative order must include: (1) The amount of the administrative penalties, costs, and fees; (2) Notification of the right to appeal to municipal court within 30 days of the date the hearing officer's order is filed with the clerk of the municipal courts; (3) Notification that unless the hearing officer's order is stayed through a properly filed appeal, the administrative penalties, costs, and fees must be paid within 30 days of the date the hearing officer's order is filed with the clerk of the municipal courts; and (4) Notification that the city may enforce the hearing officer's administrative order pursuant to the procedure in section 10-711. (d) Within seven days of the filing of an administrative order of liability with the clerk of the municipal courts, the city shall send a copy of the order to the person charged with the violation. The copy of the administrative order must be sent by regular United States mail to the address shown in the appraisal district records of the county in which the premises or property that is the subject of the citation or summons is located. (Ord. No. 2010-815, § 2, 10-13-2010)

Houston Code of Ordinances § 10-708 Hearing officers—Qualifications, powers, duties and functions.

Sec. 10-708. - Hearing officers—Qualifications, powers, duties and functions. (a) Hearing officers shall be appointed by the mayor to adjudicate administrative citations or summons issued under this article. Appointment shall be made for a two year term to begin as of the date of the appointment. (b) A hearing officer must meet all of the following qualifications: (1) Be a resident of the city at the time of appointment and maintain residency in the city throughout the period of appointment; (2) Be a citizen of the United States; (3) Be a licensed attorney in good standing; and (4) Have two or more years of experience practicing law in the State of Texas. (c) A hearing officer shall have the following powers, duties, and functions: (1) To act as the fact finder and determine whether or not the person charged is liable; (2) To assess administrative penalties, costs, and fees; (3) To issue orders compelling the attendance of witnesses and the production of documents; (4) To administer oaths; (5) To question witnesses and consider evidence; (6) To suspend the payment of administrative penalties, costs, and fees for a specific period of time not to exceed one year from the date the administrative order of liability is filed with the municipal court; (7) To make a finding as to the financial inability of a person found liable of a violation to pay administrative penalties, costs, and fees; and (8) To make a finding as to the financial inability of a person found liable of a violation to pay for the transcription of any recording of an administrative hearing or to post an appeal bond. (Ord. No. 2010-815, § 2, 10-13-2010)

Houston Code of Ordinances § 10-709 Hearing procedures.

Sec. 10-709. - Hearing procedures. (a) Every hearing conducted pursuant to this article must be held before a hearing officer no sooner than 30 days after the citation or summons has been filed in municipal court. (b) The person charged must personally appear at the hearing at the time, date, and location set forth in the citation or summons and at any subsequent hearings set because of postponement or continuance. (c) The administrative citation or summons is rebuttable proof of the facts that it states. (d) The formal rules of evidence do not apply at the administrative hearing and any relevant evidence will be admitted if the hearing officer finds it competent and reliable, regardless of the existence of any common law or statutory rule to the contrary. The hearing officer shall make a decision based upon a preponderance of the evidence presented at the hearing. (e) Each party shall have the right to call and examine witnesses, to introduce exhibits that are relevant to the issues at the hearing, to cross examine opposing witnesses on any matter relevant to the issues, and to rebut evidence. (f) The inspector who issued the citation is not required to be present at the hearing, but the person charged with the violation may request that the inspector be present by submitting a written request to the clerk of the municipal courts no later than 15 days before the hearing. Absent a timely request for the inspector to be present, the person charged is deemed to have waived the right to call and examine that inspector. (g) If the person charged wants a record of the proceeding or a translator, the person must notify the clerk of the municipal courts at least five days before the hearing date. Absent a timely request, the person is deemed to have waived the right to have a record of the hearing or to have a translator. (h) The hearing officer may examine any witness and may consider any evidence offered by a witness or person charged with a violation. (i) After hearing the evidence and testimony presented, the hearing officer shall issue a written order. (1) If the hearing officer determines that the charged party is liable for the violation, then the hearing officer shall issue at the hearing an administrative order of liability for the violation and assess the appropriate administrative penalties, costs, and fees, and notify the person of the right to appeal to municipal court. (2) If the hearing officer determines that the charged person is not liable for the violation, then the hearing officer shall issue at the hearing an administrative order of non-liability. (j) A person who has been found liable for a violation may, after the hearing officer has issued an administrative order, but prior to the conclusion of the hearing, assert financial inability to pay the administrative penalties, costs, and fees assessed by the hearing officer. At that time, the hearing officer may stay enforcement of the administrative order and make a determination of financial inability to pay pursuant to sections 10-708 (7) and (8) of this Code. (k) An administrative order issued by the hearing officer must be filed with the clerk of the municipal courts. (l) Any record of an administrative hearing must be kept and stored for not less than 45 days after the last day of the administrative hearing. Any administrative hearing that is appealed must be transcribed from the record by a court reporter or other person authorized to transcribe court proceedings. The court reporter or other person transcribing the record of the hearing is not required to have been present at the administrative hearing. (m) The person seeking to appeal an administrative order to the municipal court shall pay for any transcription of the record of the administrative hearing unless the hearing officer finds, pursuant to section 10-708 of this Code, that the person is unable to pay or give security for the transcription. (Ord. No. 2010-815, § 2, 10-13-2010)

Houston Code of Ordinances § 10-710 Financial inability to pay for administrative penalties, costs, and fees; to pay for transcription of a record; or to post an appeal bond.

Sec. 10-710. - Financial inability to pay for administrative penalties, costs, and fees; to pay for transcription of a record; or to post an appeal bond. (a) A person found by the hearing officer to be financially unable to pay the administrative penalties, costs, and fees assessed must be: (1) A resident of the property or premises that is the subject of the administrative order; and (2) The sole owner of the property or premises, except that the person may be a co-owner of the property or premises if all other co-owners cannot be located or are themselves financially unable to pay the administrative penalties, costs, and fees as established by credible evidence. (b) A person claiming a financial inability to pay the administrative penalties, costs, and fees assessed by the hearing officer; to pay for a transcription of the record; or to post an appeal bond must make that claim prior to the conclusion of the administrative hearing before the hearing officer. (c) A person claiming a financial inability to pay the administrative penalties, costs, and fees; to pay for a transcription of the record; or to post an appeal bond must have an income that does not exceed 50 percent of the Houston Area Median Family Income as determined by the United States Department of Housing and Urban Development. (d) After receiving a claim that a person found liable for violation under this article is financially unable to pay the administrative penalties, costs, and fees; to pay for a transcription of the record; or to post an appeal bond, the hearing officer may set the matter for hearing and notify all parties of the hearing date by regular United States mail. The hearing officer's determination of whether the person found liable for a violation is financially unable to pay any administrative penalties, costs, or fees assessed by the hearing officer; to pay for a transcript of the record; or to post an appeal bond must be based on all information provided to the hearing officer by the person found liable or by the city attorney in opposition to the claim of financial inability. (e) If the hearing officer determines that the person found liable for a violation does not have the financial ability to pay the administrative penalties, costs, or fees assessed by the hearing officer; to pay for a transcription of the record; or to post an appeal bond, then the hearing officer shall enter that finding in writing and may order that the penalties, costs, and fees be waived by the city. (Ord. No. 2010-815, § 2, 10-13-2010)

Houston Code of Ordinances § 10-711 Enforcement.

Sec. 10-711. - Enforcement. An order issued by the hearing officer or a municipal judge under this article may be enforced by: (1) Filing a civil suit for the collection of penalties, costs, and fees assessed against the person; or (2) Obtaining an injunction to prohibit the specific conduct that violates the ordinance. (Ord. No. 2010-815, § 2, 10-13-2010)

Houston Code of Ordinances § 10-712 Appeals.

Sec. 10-712. - Appeals. (a) Either party may appeal the determination of the hearing officer by filing a petition and a bond for twice the amount of the administrative penalties, costs, and fees ordered by the hearing officer in municipal court within 30 days after the date the hearing officer's administrative order is filed with the municipal court. An appeals petition will not be accepted if a bond has not been filed with the municipal court, unless the appellant requests and receives a waiver pursuant to 10-712(b) of this Code. The municipal court's ruling shall be final. If the party does not timely file an appeal, then the hearing officer's ruling shall be final. An appeal stays enforcement of the order of the hearing officer. (b) An appellant to municipal court may request a waiver of the bond amount on the basis of financial inability to pay, in which case the hearing officer may hold a hearing pursuant to section 10-710 of this Code to determine whether the appellant is indigent and whether the bond amount may be waived. If the hearing officer's administrative order is reversed on appeal, the appeal bond will be returned to the appellant. (c) If the administrative penalties, costs, and fees assessed in the final judgment are not paid within 30 days after the date the hearing officer's order is filed with the clerk of the municipal courts, the administrative penalties, fees, and costs may be referred to a collection agency and the cost to the city for the collection services will be assessed as costs to the person found liable, at the rate agreed to between the city and the collection agency, and added to the judgment. (d) If the person found liable for violation timely requested a record of the proceedings pursuant to section 10-709(g) of this Code, and through no fault of the person, the record of the hearing is unavailable, then the municipal judge shall reverse the hearing officer's order and remand the matter to the hearing officer for a new administrative hearing. (e) Upon receiving the record of the administrative hearing, the municipal judge shall review the record and may grant relief from the administrative order only if the record reflects that the appellant's substantial rights have been prejudiced because the administrative order is: (1) In violation of a constitutional or statutory provision; (2) In excess of the hearing officer's statutory authority; (3) Made through unlawful procedure; or (4) Affected by another error of law. (f) The municipal judge shall rule on the appeal within 30 days after receiving the record of the administrative hearing. The municipal judge shall affirm the administrative order of the hearing officer unless the record reflects that the order violates one of the standards in subsection(e) of this section. If the record reflects that the hearing officer's order violated one of the standards in subsection(e) the municipal judge may: (1) Reverse the hearing officer's order and find the appellant not liable; (2) Reverse the hearing officer's order and remand the matter to the hearing officer for a new hearing; or (3) Affirm the order, but reduce the amount of the administrative penalties assessed. (g) The municipal judge's ruling on the appeal must be issued in writing and filed with the clerk of the municipal courts. A copy of the ruling must be sent by the clerk of the municipal courts to the appellant by regular United States mail at the last known address of the appellant as provided to the municipal court for the appeal. (h) The municipal judge's ruling is a final judgment. If an appeal bond was posted, any administrative penalties, costs, and fees assessed by the municipal judge or by the hearing officer, if affirmed by the municipal judge, will be deducted from the appeal bond. If no appeal bond was posted, any administrative penalties, costs, and fees assessed by the municipal judge or by the hearing officer, if affirmed by the municipal judge, must be paid within 30 days after the municipal judge's ruling is filed with the clerk of the municipal courts, unless the administrative penalties, costs, and fees were waived pursuant to section 10-710(e) of this Code. The city may enforce the municipal judge's ruling pursuant to section 10-711 of this Code. (Ord. No. 2010-815, § 2, 10-13-2010)

Houston Code of Ordinances § 10-713 Amount and disposition of administrative penalties, costs, and fees.

Sec. 10-713. - Amount and disposition of administrative penalties, costs, and fees. (a) The amount of the administrative penalties will be the same as those provided for criminal penalties throughout this Code and the Construction Code. (b) When no specific penalty is provided for a violation that is enforced as an administrative offense under this article and that violation pertains to fire, safety, or public health and sanitation, then the violation shall be punished by an administrative penalty not exceeding $2,000.00. (c) The administrative cost is stated for this provision in the city fee schedule and is subject to an annual adjustment by the director to reflect an increase or decrease in the CPI-U. The costs will be reviewed every three years in order to ensure accurate cost recovery. Any proposed adjustments beyond changes in the CPI-U will be presented to city council for approval. (d) Administrative penalties, costs, and fees assessed under this article will be paid into the city's general fund. (Ord. No. 2010-815, § 2, 10-13-2010; Ord. No. 2010-1063, § 2, 12-22-2010; Ord. No. 2011-1168, § 13, 12-14-2011)

Source: City of Houston, Code of Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/houston/codes/code_of_ordinances?nodeId=COOR_CH10BUNEPR_ARTXVIIIALADADPRFetched: 10/26/2026