§ 8-5-102. PUBLIC HEARING FOR CERTAIN VIOLATIONS.

(A)

Except as provided in Section 8-5-103 ( Impound Of Watercraft ), the building official may conduct a public hearing to determine whether the owner of a watercraft has violated Section 8-5-61 ( Watercraft To Be In Sound Structural Condition ), Section 8-5-72 ( Flotation ), Section 8-5-73 ( Lighting ), or Section 8-5-82 ( Watercraft On Lady Bird Lake ).

(B)

This subsection prescribes notice requirements.

(1)

The building official shall provide not less than ten days' notice of a public hearing.

(2)

The notice shall include the date, time, and location of the public hearing and a description of the alleged violations to be considered.

(3)

The building official shall notify the watercraft's owner by mail or telephone if:

(a)

the watercraft is currently registered with the state; or

(b)

the building official can otherwise determine the owner's name and address.

(4)

The building official shall post the notice on the watercraft if:

(a)

the watercraft is not currently registered with the state and the building official cannot determine the name and address of its owner; or

(b)

an attempt to notify to an owner under Subsection (3) did not succeed.

(C)

At the public hearing, the building official shall:

(1)

determine whether notice was given in accordance with Subsection (B); and

(2)

hear and consider the evidence.

(D)

The absence of the watercraft's owner does not prevent the building official from conducting the hearing.

(E)

The building official shall render a decision not later than the tenth day after the public hearing.

(1)

If the building official determines that the owner of the watercraft did not commit the alleged violation, the building official shall dismiss the case.

(2)

If the building official determines that the owner of the watercraft committed the violation:

(a)

the building official shall notify the owner of the determination in person, by mail, by telephone, or by posting a notice on the watercraft;

(b)

the owner shall correct the violation not later than the tenth day after the date of the decision; and

(c)

if the owner does not correct the violation by the prescribed date, the building official may impound the watercraft and dispose of it in accordance with Chapter 9-1 ( Abandoned Property and Vehicles ).

(F)

The owner of the watercraft may appeal the decision of the building official to the city council.

(1)

The owner must file a notice of appeal with the city clerk no later than the 10th day after the date of the building official's decision.

(2)

The city council shall hear the appeal at a public hearing no later than the 14th day after the date the notice of appeal was filed.

(3)

Except as provided in Section 8-5-61(D) ( Watercraft To Be In Sound Structural Condition ) and Section 8-5-103 ( Impound Of Watercraft ), a designated official may not impound or remove the watercraft while an appeal is pending.

(4)

If the city council determines that the owner of the watercraft did not commit the alleged violation, the city council shall dismiss the case.

(5)

If the city council determines that the owner of the watercraft committed the violation:

(a)

the owner shall correct the violation not later than the tenth day after the date of the determination; and

(b)

if the owner does not correct the violation by the prescribed date, the building official may impound the watercraft and dispose of it in accordance with Chapter 9-1 ( Abandoned Property and Vehicles ) of the Code.

(6)

The decision of the city council is final.

Source: 1992 Code Section 14-2-9; Ord. 031009-11; Ord. 031211-11; Ord. No. 20190307-014 , Pt. 9, 3-18-19.