§ 21-206. Enforcement; procedures.

(a)

The department is responsible for the administration of this article.

(b)

If, after review by an enforcement officer, there is a decision to pursue administrative remedies for a civil red light violation, a notice of violation shall be mailed to the owner of the motor vehicle involved in the violation. The notice shall be mailed not later than the thirtieth day from the date of the violation. The notice will be sent to:

(1)

The owner's address as shown on the registration records of the Texas Department of Transportation; or

(2)

If the vehicle is registered in another state or country, the owner's address as shown on the motor vehicle registration records of the department or agency of the other state or country analogous to the Texas Department of Transportation; or

(3)

If the owner is the person named as the lessee of the vehicle at the time of the civil red light violation, the address provided by the lessor under subsection 21-207(d), or

(4)

If the owner is the person named as having legal title to the vehicle at the time of the civil red light violation, the address provided under subsection 21-207(f).

(c)

A notice of violation issued under this article shall contain the following:

(1)

A description of the violation alleged;

(2)

The date, time, and location of the violation;

(3)

The name and address of the registered owner, and registration number displayed on the license plate;

(4)

A copy of a recorded image of the vehicle involved in the violation;

(5)

The amount of the civil penalty to be imposed for the violation;

(6)

The date by which the civil penalty must be paid;

(7)

A statement that the person named in the notice of violation may pay the civil penalty by mail sent to a specified address in lieu of appearing at an administrative adjudication hearing;

(8)

Information that informs the person named in the notice of violation:

a.

Of the right to contest the imposition of the civil penalty in an administrative adjudication hearing; and

b.

Of the manner and time in which to contest the imposition of the civil penalty; and

c.

That failure to pay the civil penalty or to contest liability is an admission of liability, and waiver of the right to appeal; and

d.

A statement that a recorded image is evidence in a proceeding for the imposition of a civil penalty; and

e.

A statement that failure to pay or contest the civil penalty within the time allowed shall result in the imposition of a late penalty of twenty-five dollars ($25.00); and

f.

An arrest warrant may not be issued to the owner; and

g.

The imposition of the civil penalty may not be recorded on the owner's driving record; and

(9)

Any other information deemed necessary by the department.

(d)

A notice of violation under this article is presumed to have been received on the fifth calendar day after the date the notice of violation is mailed.

(e)

In lieu of issuing a notice of violation, the department may mail a warning notice to the owner.

(Ord. No. 8746, § 1, 1-25-07; Ord. No. 8865, § 1, 9-20-07)