Permit required; offense; penal and judicial remedies.
Houston Code of Ordinances § 40-282
in effectSec. 40-282. - Permit required; offense; penal and judicial remedies.
(a) By authority of a permit issued by the director under the provisions of this article, a permittee may install and maintain a facility at a designated location upon a public street. A separate limit is required for each facility to be installed.
(b) It shall be unlawful for any person to install or maintain a facility unless a permit for the facility has been issued by the director.
(c) It shall be unlawful to fail to remove a facility within the time periods provided for in this article. The city may remove each noncomplying facility after the passage of ten days following the date of noncompliance and may institute a civil suit for damages, costs of removal and restoration, and attorney fees against the owner or the operator of the noncomplying facility. The existence of any penalty and costs levied against an owner or an operator of a facility shall serve as a bar to the future issuance, to the owner or the operator, of a permit provided by this article until all such penalties and costs are paid in full.
(d) Any person who violates any provision of this article shall be guilty of an offense and upon conviction, shall be punished by a fine of not less than $250.00 nor more than $2,000.00 for each violation. Each day in which any violation shall occur shall constitute a separate offense. Prosecution or conviction under this subsection shall not preclude any civil remedy or relief for a violation of this article.
(e) 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;
(3) Recover civil penalties for violation of the terms, conditions and restrictions of any permit issued under this article;
(4) Recover civil penalties for violation for 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.
(f) 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 permit issued under this article or the provisions of this article.
(Ord. No. 91-1157, § 1, 8-14-91; Ord. No. 2012-522, § 3, 5-30-2012, eff. 7-1-2012)
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_CH40STSI_ARTXIIMOWEENTEBOFA_S40-282PEREOFPEJUREFetched: 10/26/2026