| (III) not later than the 90th day after the date on
which the notice is served if the structure has been used as a permanent,
temporary, or occasional residential dwelling by at least one individual
at any time during the year preceding the date of the notice.
(iii) state that the failure to remove the structure
may result in liability for a civil penalty under the Open Beaches
Act, §61.018(c) in an amount specified, removal of the structure
by the commissioner, and liability for the costs of removal, or any
combination of these remedies;
(iv) state that the person may submit, not later than
the 30th day after the date on which the notice is served, a written
request for a hearing to contest the commissioner's findings. Provided,
however, if the structure has been used as a permanent, temporary,
or occasional residential dwelling by at least one individual at any
time during the year before the date on which the notice is served,
the person may submit, not later than the 90th day after the date
on which the notice is served, a written request for a hearing. If
the person does not make a timely request for a hearing, the person
waives all rights to judicial review of the commissioner's findings
or orders.
(B) The notice given by this subsection must be given
in accordance with subsection (d) of this section.
(7) If the person does not comply with a removal order
of the commissioner or pay assessed penalties, removal costs, or other
assessed fees and expenses on or before the 30th day after the date
of entry of the final order, the commissioner may:
(A) contract for removal and disposal of the structure;
(B) sell salvageable parts of the structure to offset
costs of removal;
(C) request that the attorney general institute civil
proceedings to collect the penalties, costs of removal, and other
fees and expenses assessed because of the structure's placement on
the public beach and the removal order by the commissioner; or
(D) use any combination of remedies prescribed by this
subsection, or other remedies authorized by law, to collect the unpaid
penalties, costs of removal, and other fees and expenses assessed
because of the structure's placement on the public beach and the removal
order by the commissioner.
(d) Notice of Violation and Hearing Requirements.
(1) Before the commissioner may order restoration or
removal of a structure or assess administrative penalties under this
section, the commissioner must give written notice and an opportunity
to request a hearing to the person charged with the violation.
(2) The notice required by this subsection must be
given:
(A) by service in person, by registered or certified
mail, return receipt requested, or by priority mail; or
(B) if personal service cannot be obtained or the address
of the person is unknown, by:
(i) electronic mail if the electronic mail address
is verifiable; or
(ii) posting a copy of the written notice at the site
where the conduct was engaged in and by publishing notice in a newspaper
with general circulation in the county in which the site is located
at least two times within 10 consecutive days.
(3) If the person requests a hearing, the commissioner
must grant the hearing before an administrative law judge employed
by the State Office of Administrative Hearings as provided in the
Dune Protection Act, §63.1814 and the Open Beaches Act, §61.0184(g).
(4) The right to appeal an order is subject to Dune
Protection Act, §63.151, and the Open Beaches Act, §61.0184(h).
|
| Source Note: The provisions of this §15.9 adopted to be effective February 17, 1993, 18 TexReg 661; amended to be effective January 31, 2010, 35 TexReg 489; amended to be effective May 8, 2023, 48 TexReg 2343 |
