Houston Code of Ordinances § 40-346 Use of alley.
Sec. 40-346. - Use of alley.
(a) Use. Any alley not improved or maintained for public use may be improved and used pursuant to private rights of access held by the owners of abutting lots or property, under the terms and conditions provided by this section.
(b) Application. Any abutting property owner may apply to the city engineer for permission to improve and use an alley for private access from a public street to such applicant's property.
(c) Requirements. An applicant seeking the private use of an alley must:
(1) Be the fee simple owner of land abutting the alley;
(2) Obtain a permit pursuant to section 40-86 of this Code to connect such alley to any public street;
(3) Prepare and construct the surface of the alley so as to prevent the drainage of storm or surface water or runoff onto adjacent property;
(4) Assure drainage of stormwater and other runoff along the alley and into the intersecting street or drainage facilities; and
(5) If an applicant elects to post signs in connection with the private use of an alley, which election may be made in the applicant's sole discretion, such signs must be of a size, color and with wording and printing that is approved by the city engineer, must be posted at both sides of the street entrance to the alley as required by chapter 41 of this Code, and such signs must state that the alley is being used for private access and is not maintained by the city.
(d) Materials. Alleys to be used for private rights of access may be improved, constructed and/or surfaced with shell, gravel, asphalt, concrete or other materials, at the option of the applicant.
(e) Non-liability of city. With respect to any alley used or to be used for private rights of access, the city shall have no liability for:
(1) Maintenance of the alley;
(2) Patrolling the alley; or
(3) Drainage of stormwater or other surface runoff from such alley onto abutting properties.
(f) No bond required. The provisions of sections 40-59 and 40-60 of this Code shall not be applicable in the instance of any public alley improved or used pursuant to private rights of access.
(Ord. No. 99-379, § 3, 4-21-99)