IN GENERAL

Houston Code of Ordinances ch. 47, art. XII, div. 1

in effect

Houston Code of Ordinances § 47-601 Definitions.

Sec. 47-601. - Definitions. As used in this article, the following terms shall have the meanings ascribed in this section unless the context of their usage clearly indicates another meaning: Accessory structure shall mean a non-commercial structure of the type typically associated with a single-family residential dwelling unit, including, but not limited to, a garage, carport or barn. Applicant shall mean the owner of the land on which new development or significant redevelopment will occur or his authorized agent. Authorized city official shall mean the Director or a Deputy Director of Houston Public Works, the city engineer, or the engineer in charge of the stormwater quality permitting. CFR shall mean the Code of Federal Regulations, as it may be amended from time to time. Clean Water Act shall mean the federal Water Pollution Control Act, 33 U.S.C. § 1251, et seq., as amended from time to time. Commercial activity shall mean any profit or not-for-profit activity involved in the manufacture, storage, transportation, distribution, exchange or sale of goods or commodities, or the sale or lease of real property in the provision of professional or nonprofessional services, or in the use of property for residential purposes other than single-family residential purposes. Construction permit shall mean an official document or certification issued by either the building official or the city engineer authorizing performance of a specified construction activity, including, but not limited to, building permits, plumbing permits, electrical permits, HVAC permits, lateral storm sewer permits, excavation permits, utility construction permits, paving permits, demolition permits, and development permits required by section 19-17 of this Code. Design manual shall mean the Houston Public Works Infrastructure Design Manual, as it may be amended from time to time. Developed parcel shall mean a parcel that is not undeveloped. Development shall mean (i) any activity that requires a development plat pursuant to Chapter 42 of this Code; or (ii) any activity that requires a construction permit. Discharge shall mean the introduction or addition of any pollutant, storm water or other substance into the MS4, or to allow, permit or suffer any such introduction or addition. Discharger shall mean a person who causes or threatens to cause a discharge. Dwelling unit shall mean a structure, or a portion of a structure, that has independent living facilities including provisions for nontransient sleeping, cooking and sanitation. EPA shall mean the Federal Environmental Protection Agency and any successor agency thereto. High-risk facility shall mean any industrial or commercial facility the Director of Houston Public Works, or city engineer believes is contributing a pollutant to the MS4. Home occupation shall mean a commercial activity conducted entirely in a dwelling unit or accessory structure by a resident thereof that is incidental and secondary to the use of the dwelling unit for residential purposes and does not change the character thereof. Homeowners' association shall mean an incorporated or unincorporated association owned by or whose members consist primarily of the owners of the property covered by a dedicatory instrument and through which the owners, or the board of directors or similar governing body, manage or regulate the single-family residential subdivision that has as one of its purposes the continued care and maintenance of all commonly-owned properties within the subdivision, particularly the areas established for storm water quality controls, and the authority and means to impose binding assessments upon the lot owners for that purpose. Impervious surface shall mean any area that does not readily absorb water including, but not limited to, building roofs, parking and driveway areas, compacted or rolled areas that are not revegetated, sidewalks, and paved recreation areas. Industrial activity certification or IAC shall mean a certification filed with the city pursuant to section 47-633 of this Code. Lot shall mean an undivided tract of land intended for single-family residential use contained within a block and designated on a subdivision plat by alphabetical or numerical designation. Municipal separate storm sewer system or MS4 shall mean the system of conveyances owned or operated by the city or any co-permittee of the city that is designed or used for collecting or conveying storm water. New development shall mean development of an undeveloped parcel of land one acre or larger without regard to the amount of land that will actually be disturbed. The term does not include development on an undeveloped and undivided parcel of one acre or more of one dwelling unit and one or more accessory structures. The term also does not include a stormwater detention basin that includes a water quality feature. Non-structural control shall mean a maintenance or operational practice designed to prevent or reduce the potential of storm water runoff contact with pollution-causing activities. Notice of Change or NOC shall mean a notice of change that is required by the TPDES General Permit No. TXR050000, the EPA NPDES General Permit for Storm Water Discharges From Construction Activities in Region 6, or any similar general permit to discharge storm water associated with industrial or construction activity that is issued by the EPA or TCEQ. Notice of intent or NOI shall mean a notice of intent that is required by the TPDES General Permit No. TXR050000, the EPA NPDES General Permit for Storm Water Discharges From Construction Activities in Region 6, or any similar general permit to discharge storm water associated with industrial or construction activity that is issued by the EPA or TCEQ. Notice of termination or NOT shall mean the notice of termination that is required by the TPDES General Permit No. TXR050000, the EPA NPDES General Permit for Storm Water Discharges From Construction Activities in Region 6, or any similar general permit to discharge storm water associated with industrial or construction activity that is issued by the EPA or TCEQ. NPDES shall mean National Pollutant Discharge Elimination System. NPDES permit shall mean a permit issued by the EPA (or by the state under authority assumed pursuant to Section 1342(b) of Title 33 of the United States Code) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general basis. Parcel shall mean a contiguous piece of land that is under common ownership or control or that is part of a larger common plan of development or sale. Person shall mean an individual, corporation, organization, governmental entity, business trust, partnership, association, or other legal entity, or an agent or an employee thereof. Pollutant shall mean, but shall not be limited to, dredged soil, solid waste, incinerator residue, sewage, garbage, sewage sludge, filter backwash, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, concrete saw slurry, and other material discharged into the MS4 or any waters of the United States. Pollution shall mean the alteration of the physical, thermal, chemical or biological quality of, or the contamination of, any waters of the United States that renders the water harmful, detrimental or injurious to humans, animal life, vegetation or property or to public health, safety or welfare, or impairs the usefulness or public enjoyment of the water for any lawful or reasonable purpose. Public utility shall mean a water line, sanitary sewer, storm sewer, pump station or lift station in a public right-of-way that is or will be owned and operated by the city or other political subdivision of the state for public purposes. Publicly owned treatment works or POTW shall mean any device or system used in the treatment (including recycling and reclamation) of municipal sewage or industrial wastes of a liquid nature that is owned by the state or a municipality, and includes sewers, pipes, or other conveyances only if they convey wastewater to a POTW. Reinspection shall mean revisiting a site to insure that a violation noted on the previous inspection report has been resolved. Reinspections are subject to the reinspection fee. Representative storm event shall mean a storm event that is greater than one-tenth of an inch in magnitude and that occurs at least 72 hours after the previously measurable (greater than one-tenth of an inch rainfall) storm event. Significant redevelopment shall mean increase of 0.2 acre or more to the impervious surface on a one acre or larger developed parcel, but does not include a stormwater detention basin that includes a water quality feature. Single-family residential shall mean the use of a lot with one building designed for and containing not more than two dwelling units. Storm water discharges associated with construction activity shall mean storm water discharges from construction activity, including clearing, grading, excavation and demolition activities. The term does not include discharges from facilities or activities excluded from the NPDES program under 40 CFR Part 122. Storm water discharges associated with industrial activity shall have the meaning provided in Section 122.26(b)(14) of Title 40 of the CFR, other than subsection (x) of that Section. Storm Water Management Handbook for Construction Activities shall mean the Storm Water Management Handbook for Construction Activities promulgated by the city, Harris County and Harris County Flood Control District, as it may be amended from time to time. Storm water pollution prevention plan or SWPPP shall be a required element of approved construction plans. The SWPPP can be as simple as the Stormwater Pollution Prevention Plan Detail (DWG NO 01571-01). Storm water quality management plan or SWQMP shall mean a plan prepared pursuant to the requirements of division 2 of this article and the design manual. Storm water quality permit or SWQ permit shall mean a current, valid permit issued pursuant to division 2 of this article. Structural control shall mean a structure or vegetative practice that is generally designed to reduce pollutant levels in storm water runoff. Structure shall mean that which is built or constructed, an edifice or building of any kind, or any piece of work, including, but not limited to, a paved surface, that is artificially built up or composed of parts joined together in some definite manner. The term does not include a street or a public utility. Substantial deviation shall mean a deviation that: (1) Increases the designed flow rate by more than five percent; (2) Increases or decreases the designed storage volume by more than five percent; (3) Increases or decreases the designed water surface elevation by more than six inches; or (4) Increases the risk of flooding caused by a 100-year storm event as that term is defined in chapter 19 of this Code. SWQ permittee shall mean the holder of a SWQ permit. TCEQ shall mean the Texas Commission on Environmental Quality and any successor agency thereto. TPDES means the Texas Pollutant Discharge Elimination System that was assumed by the state from the EPA pursuant to Section 1342(b) of Title 33 of the United States Code. Third-party agreement shall mean an agreement that satisfies the requirements of section 47-673(b) of this Code. TPDES permit shall mean a permit issued by the TCEQ that authorizes the discharge of pollutants to water in the state, whether the permit is applicable on an individual, group, or general basis. Undeveloped parcel shall mean a parcel on which there are no structures at the time that a construction permit or development plat is applied for or required. Waters of the United States shall mean all waters that are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce; all interstate waters, including interstate wetlands; all other waters the use, degradation or destruction of which would affect or could affect interstate or foreign commerce; all impoundments of waters otherwise defined as "waters of the United States" under this definition; all tributaries of water identified in this definition; all wetlands adjacent to waters identified in this definition; and any other waters within the federal definition of "waters of the United States" in Section 122.2 of Title 40 of the CFR; but not including any waste treatment systems, treatment ponds, or lagoons designed to meet the requirements of the Federal Clean Water Act. Wetlands shall mean an area that is inundated or saturated by surface or ground water at a frequency and duration sufficient to support and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas. (Ord. No. 01-800, § 3, 8-29-01; Ord. No. 02-399, § 95, 5-15-02; Ord. No. 06-892, §§ 2—5, 8-23-06; Ord. No. 2016-864, §§ 2, 3, 11-9-2016; Ord. No. 2018-11, §§ 34, 49, 1-10-2018)

Houston Code of Ordinances § 47-602 Penal provisions applicable.

Sec. 47-602. - Penal provisions applicable. (a) With the exception of section 47-741 of this Code, any person who violates any provision of this article shall be guilty of an offense and upon conviction thereof, shall be punished by a fine of not less than $250.00 nor more than $2,000.00 for each violation. A violation of section 47-741 of this Code shall be punishable by a fine of not more than $4,000.00. Each day in which any violation shall occur shall constitute a separate offense. Prosecution or conviction under this section shall not preclude any civil remedy or relief for a violation of this article. (b) In addition to criminal prosecution, where applicable, the city shall have the right to seek the judicial remedies provided in section 47-603 of this Code for any violation of this article. (Ord. No. 01-800, § 3, 8-29-01; Ord. No. 2021-431, § 15, 5-26-2021)

Houston Code of Ordinances § 47-603 Judicial provisions applicable.

Sec. 47-603. - Judicial provisions applicable. (a) The city, acting through the city attorney or any other attorney representing the city, is hereby authorized to file an action in a court of competent jurisdiction to: (1) Enjoin any person from violating or threatening to violate the terms, conditions and restrictions of any permit issued under this article; (2) Enjoin the violation or threatened violation of the provisions of this article; or (3) Recover civil penalties for violation of the terms, conditions and restrictions of any permit authorized under this article; (4) Recover civil penalties for violation of the provisions of this article; or (5) Recover damages from the owner of a parcel in an amount adequate for the city to undertake any construction or other activity necessary to bring about compliance with this chapter. (b) The city, acting through the city attorney or any other attorney representing the city, is hereby authorized to enter into agreements in lieu of litigation to achieve compliance with the terms, conditions and restrictions of any stormwater permit authorized under this article or the provisions of this article. The city's authority in subsections (a) and (b) is in addition to all provisions of this Code relative to the definition of offenses and the provision of penalties for violations of such offenses. (Ord. No. 01-800, § 3, 8-29-01; Ord. No. 06-892, § 6, 8-23-06)

Houston Code of Ordinances § 47-604 Stop orders.

Sec. 47-604. - Stop orders. (a) Whenever any work authorized by a construction permit is being performed contrary to the provisions of divisions 2 or 3 of this article, or other pertinent laws or ordinances implemented through the enforcement of this article, the building official or the city engineer may order the work (other than work to cure a violation) stopped by notice in writing served on any persons performing the work or causing the work to be performed, and any such persons shall forthwith stop the work until authorized by the building official or the city engineer to proceed with the work. (b) At the time a stop work order is issued, the person performing the work and the permit holder shall be given notice of a right to a hearing on the matter pursuant to Section 117.2 of the Building Code for permits authorized by that code or pursuant to section 47-608 of this Code for all other construction permits. Upon request, such a hearing shall be held within three business days unless the permit holder or person who was performing the work requests an extension of time. Any stop work order that has been issued shall remain in effect pending any hearing that has been requested unless the stop work order is withdrawn by the building official or the city engineer. (Ord. No. 01-800, § 3, 8-29-01; Ord. No. 02-399, § 96, 5-15-02; Ord. No. 2021-1037, § 20(Exh. I.57), 12-1-2021, eff. 4-1-2022)

Houston Code of Ordinances § 47-605 Nuisances.

Sec. 47-605. - Nuisances. An actual or threatened discharge to the MS4 that violates or would violate this article is hereby declared to be a nuisance and shall be subject to enforcement pursuant to this Code. (Ord. No. 01-800, § 3, 8-29-01; Ord. No. 06-892, § 7, 8-23-06)

Houston Code of Ordinances § 47-606 Emergency suspension of utility service and MS4 access.

Sec. 47-606. - Emergency suspension of utility service and MS4 access. (a) When the Director or a Deputy Director of the Houston Public Works, or the city engineer, determines that a person is causing or threatening to cause a discharge to the MS4 or a publicly owned treatment work in violation of this article that: (1) Presents or may present an imminent and substantial danger to the environment or to the health or welfare of persons; or (2) Presents or may present an imminent and substantial danger to the MS4 or waters of the United States; the director or deputy director may, without prior notice, suspend city water service, sanitary sewer service, and MS4 discharge access to the person causing or threatening to cause the discharge when the Director or a Deputy Director of the Houston Public Works determines that the service or access is an instrumentality of or contributes to the unlawful discharge and suspension is necessary to stop the actual or threatened discharge. (b) As soon as practicable after the suspension of service or MS4 discharge access, the city engineer shall notify the discharger of the suspension of service or access by delivering notice by hand to the person in charge of the premises for which service is terminated or access denied if such person is present on the premises. The city engineer shall send a notice by certified mail, return receipt requested, to the person and address identified in the city's water service records for the account at the property for which service is suspended or access denied. If there is no water service account, the city engineer shall send notice to the address of the owner of the property as shown on the Harris County Appraisal District's appraisal roll. The notice shall specify the basis for the suspension of service or access and shall order the discharger to cease the discharge or threatened discharge immediately. (c) If the discharger fails to comply with an order issued under subsection (b), the city engineer may take such steps as the city engineer deems necessary to prevent or minimize damage to the MS4 or waters of the United States or to minimize the danger to persons. (d) The city shall not reinstate suspended services or MS4 access to the discharger until: (1) The discharger presents proof that the noncomplying discharge or threatened discharge has been eliminated and its cause determined and corrected; (2) The discharger pays the city for all costs the city incurred in responding to, abating, and remediating the discharge or threatened discharge or otherwise provides financial assurance to cover such expenses; and (3) The discharger pays the city for all costs the city will incur in reinstating service or access or otherwise provides financial assurance to cover such expenses. (e) A discharger whose service or access has been suspended or disconnected may appeal such enforcement action pursuant to section 47-608 by filing a written request with the city engineer not later than the tenth day after the day the service is suspended or the access denied. (f) If the discharger does not pay the costs as provided by this section, the city shall be entitled to a lien against the property that is the subject of the suspension of service or access to recover its response costs pursuant to the procedures set out in section 10-457 of this Code. (g) The remedies provided in this section are in addition to any other remedies set out in this article. Exercise of this remedy shall not be a bar against, nor a prerequisite for, taking other action against a discharger. (h) A person commits an offense if the person reinstates water service, sanitary sewer service or MS4 access that has been terminated pursuant to this section without the prior written approval of the city engineer. (Ord. No. 01-800, § 3, 8-29-01; Ord. No. 2016-864, § 4, 11-9-2016; Ord. No. 2018-11, § 49, 1-10-2018)

Houston Code of Ordinances § 47-607 Non-emergency suspension of utility service and MS4 access.

Sec. 47-607. - Non-emergency suspension of utility service and MS4 access. (a) When the city engineer determines that a person is discharging or threatening to discharge to the MS4 in violation of this article, the city engineer may terminate city water supply, sanitary sewer connection and MS4 access to the person discharging or threatening to discharge to the MS4 if the city engineer determines that: (1) The service or access is an instrumentality of or contributes to the unlawful discharge or threatened discharge; and (2) Termination would prevent, abate or reduce: a. The discharge of a pollutant; or b. The commission of any other act or activity which in itself or in conjunction with any other discharge or activity causes, continues to cause, or may cause pollution of any of the waters of the United States. (b) The city engineer shall notify a discharger of the proposed suspension of its water supply, sanitary sewer connection or MS4 access pursuant to this section before the service is suspended or access denied. Notice shall be mailed, certified mail, return receipt requested, to the name and address on the city water service records for the account of the property where service is proposed to be suspended or access denied. If there is no water service account, the city engineer shall send notice to the address of the owner of the property as shown on the Harris County Appraisal District's appraisal roll. The notice shall specify the basis for the proposed suspension of service or access and shall order the discharger to cease the discharge or threatened discharge immediately. The discharger may request a hearing prior to termination pursuant to section 47-608 by filing a written request with the city engineer not later than the tenth day after the day the notice is deposited in the mail. Upon timely receipt of a request for a hearing, the city shall not suspend service or deny access until after the hearing officer renders a decision authorizing the suspension of service or denial of access. If the discharger does not request a hearing within the time specified, the city shall suspend the service or deny the access as described in the notice. (c) The city shall not reinstate suspended services or MS4 access to the discharger until: (1) The discharger presents proof that the unlawful discharge or threatened discharge has been eliminated and its cause determined and corrected; and (2) The discharger pays the city for all costs the city will incur in reinstating service or MS4 access or otherwise provides financial assurance to cover such expenses. (3) The remedies provided by this section are in addition to any other remedies set out in this chapter. Exercise of this remedy shall not be a bar against, nor a prerequisite for, taking other action against a discharger. (d) A person commits an offense if the person reinstates water service, sanitary sewer service or MS4 access suspended pursuant to this section without the prior approval of the city engineer. (Ord. No. 01-800, § 3, 8-29-01; Ord. No. 06-892, § 8, 8-23-06)

Houston Code of Ordinances § 47-608 Appeals; hearing.

Sec. 47-608. - Appeals; hearing. Any person whose permit is denied or revoked, whose water supply, sanitary sewer connection or MS4 access has been terminated or may be terminated, or who is otherwise aggrieved by a notice, action or decision by the city engineer or building official undertaken pursuant to this article shall, upon written request, be entitled to a hearing to be conducted by a hearing officer designated by the city engineer, who shall promulgate rules for hearings. The decision of the hearing officer shall be final. For an appeal filed pursuant to section 47-607, the hearing officer shall render a decision within five days after the close of the hearing. Where time is of the essence, the aggrieved person may so advise and state the reason therefore in the request and, to the extent reasonably warranted and allowed by the circumstances, an expedited hearing of and decision on the issue shall be afforded. (Ord. No. 01-800, § 3, 8-29-01; Ord. No. 06-892, § 9, 8-23-06)

Houston Code of Ordinances § 47-609 Compliance monitoring; methods.

Sec. 47-609. - Compliance monitoring; methods. (a) The city engineer shall have the right to install at a facility that discharges storm water to the MS4, or to require the installation of, such devices as are necessary to conduct sampling or metering of the discharger's operations. (b) The city engineer may require any facility that the city engineer determines has discharged or is discharging a pollutant or any substance that causes, continues to cause, or will cause pollution, to conduct specified sampling, testing, analysis and other monitoring of its storm water discharges. The city engineer may specify the frequency and parameters of any required sampling or monitoring. (c) The city engineer may require any facility that the city engineer determines has discharged or is discharging a pollutant or any substance that causes, continues to cause, or will cause pollution, to install monitoring equipment as necessary at the discharger's expense. The discharger, at its own expense, shall at all times maintain the facility's sampling and monitoring equipment in a safe and operating condition. Each device used to measure storm water flow and quality must be calibrated to ensure accuracy. The city engineer may also require monitoring of non-storm water discharges if the city engineer reasonably believes that such discharges violate the city's MS4 permit requirements. (d) Upon written request of the city engineer, the facility shall submit in writing the results of any sampling or monitoring undertaken pursuant to the requirements of this article. (e) The facility shall maintain for three years the results of any monitoring undertaken pursuant to this article as well as any supporting documentation. (f) All monitoring required by this article shall be performed in accordance with the methodologies and protocols established in Chapter 319 of Title 30 of the Texas Administrative Code, as amended from time to time. (Ord. No. 01-800, § 3, 8-29-01; Ord. No. 06-892, § 10, 8-23-06)

Houston Code of Ordinances § 47-610 Regulations and forms authorized.

Sec. 47-610. - Regulations and forms authorized. The city engineer and building official shall jointly promulgate regulations and forms regarding compliance with the requirements of this article. Such regulations and forms shall be available: (1) At the office of the city engineer; and (2) At the office of the building official. The regulations and forms established hereunder may be amended or supplemented from time to time as is mutually agreeable to the city engineer and the building official. (Ord. No. 01-800, § 3, 8-29-01; Ord. No. 06-892, § 11, 8-23-06)

Houston Code of Ordinances § 47-611 Cumulative effect.

Sec. 47-611. - Cumulative effect. (a) This article is cumulative of other requirements imposed by ordinances and regulations of the city. To the extent of any inconsistency, the more restrictive provision shall govern. (b) Any authorization granted by or any affirmative defense to a violation allowed pursuant to this article does not excuse compliance with federal or state law or any other provisions of this Code or any other city ordinance relating to the activities regulated by this article. (Ord. No. 01-800, § 3, 8-29-01)

Houston Code of Ordinances § 47-612 Remedies not exclusive.

Sec. 47-612. - Remedies not exclusive. The remedies listed in this article are not exclusive of any other remedies available under any applicable federal, state or local law, and it is within the discretion of the city to seek cumulative remedies. The suspension, revocation, cancellation, or denial of any permit issued under this article shall not prohibit imposition of any civil or criminal penalty. The imposition of a civil or criminal penalty shall not prohibit any other remedy and shall not prohibit the suspension, revocation, or denial of any permit issued under this article. (Ord. No. 01-800, § 3, 8-29-01)

Houston Code of Ordinances § 47-613 Compliance, inspections and investigations.

Sec. 47-613. - Compliance, inspections and investigations. (a) When it is necessary to make an inspection to enforce the provisions of this chapter or to inspect or investigate conditions related to water quality, an authorized city official may enter a building or premises at reasonable times to inspect or to perform the duties imposed by this article or to inspect or review records, reports, data, plans, or other documents relating to compliance with this chapter, the site's SWPPP, or with any TPDES or NPDES storm water permit. If the building or premises is occupied, credentials must be presented to the occupant and entry requested. If the building or premises is unoccupied, the authorized city official shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. If refused, the authorized city official shall have recourse to the remedies provided by law to secure entry. (b) The findings related to a site inspection shall be recorded on an inspection report form, a copy of which report shall be provided for the person in charge of the site. The authorized city official shall maintain a copy of the inspection report in the departmental records. (c) Upon request of the operator of a site, the authorized city official may allow an extension of the time in which to correct a violation. In determining whether to allow an extension and the length of the extension, the authorized city official shall consider the degree of risk, if any, posed by the violation and the time reasonably required to correct it. No extension shall be granted if the authorized city official determines that a significant risk is posed to the public or environment. (d) If the authorized city official determines that a reinspection is necessary to ascertain that the conditions responsible for a violation no longer exist, the operator shall be assessed the reinspection fee established in Section 118.1.5 of the Building Code in conjunction with that reinspection, and a hold will be placed on all permits and inspections on the site. (e) A facility that is required to or agrees to cease operations under the provisions of this section shall not resume operations until an authorized city official does a reinspection and determines that the conditions responsible for the requirement to cease operations no longer exist. (f) The authorized city official shall conduct all reinspections required under this section within a reasonable period of time. Other inspections and permits shall not be renewed or approved until all outstanding fees assessed under this chapter have been paid. (g) When, due to emergency, immediate entry is necessary to protect life or property, or when the authorized city official shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner, occupant or any other person having charge, care or control of any building or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the authorized city official for the purpose of inspection and investigation pursuant to this article or other laws relating to water quality. (h) Any temporary or permanent obstruction to safe and easy access to a facility that is to be inspected or sampled must be promptly removed by the discharger at the written or verbal request of the city engineer and may not be replaced. The cost of clearing access to the facility shall be borne by the discharger. (i) The city engineer, utility official, building official, health officer or any city peace officer is hereby authorized to undertake the activities authorized by this section. (Ord. No. 01-800, § 3, 8-29-01; Ord. No. 06-892, §§ 12, 13, 8-23-06; Ord. No. 2016-864, § 5, 11-9-2016; Ord. No. 2021-1037, § 20(Exh. I.58), 12-1-2021, eff. 4-1-2022)

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_CH47WASE_ARTXIISTWADI_DIV1INGEFetched: 10/26/2026