GENERALLY

Houston Code of Ordinances ch. 10, art. III, div. 1

in effect

Houston Code of Ordinances § 10-48 Definitions.

Sec. 10-48. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (1) House. Any building, structure or edifice. (2) House moving. The transportation of a house from place to place along or across any public street within the corporate limits of the city. (3) Licensee. A person licensed under this article to engage in the business of house moving. (4) Street. The term "street" shall mean any part of the street right-of-way, including the sidewalk area. (Code 1968, § 10-48)

Houston Code of Ordinances § 10-49 Compliance with construction code; landowner's agreement; bond; certificate of compliance; move to house repair or resale lot.

Sec. 10-49. - Compliance with construction code; landowner's agreement; bond; certificate of compliance; move to house repair or resale lot. (a) It shall be unlawful for any licensee to begin or complete the moving of any building onto any property in the city unless the permanent location and foundation of the building on the property complies in all respects with the Construction Code. No permit shall be issued to move any building, and no building shall be moved onto any property in the city, unless the owner of the land upon which the building is to be moved has completed a landowner's agreement on a form approved by the building official and has delivered a cashier's check to the city pursuant to the requirements set out below, or has posted a bond signed by the owner as principal and by a good and sufficient corporate surety company licensed to do business in the state as surety, which bond shall be in a form approved by the building official. The bond shall be in the sum of $3,500.00 and shall provide and be conditioned that if the owner fails or refuses to timely perform any one or more of his obligations under the landowner's agreement, then the surety shall be liable for reimbursement of the costs incurred by the city for demolition of the building. If a cashier's check is delivered to the city in lieu of the aforesaid surety bond, it shall be in the amount of $3,500.00, issued by a bank that is insured by the Federal Deposit Insurance Corporation and made payable to the city. The cashier's check shall be for reimbursement of the costs incurred by the city for demolition of the building if the owner fails or refuses to timely perform one or more of his obligations under the landowner's agreement. In the landowner's agreement the owner shall set out his full name, mailing address, the legal description and the street address of the property upon which the building is to be moved and the purpose for which the building will be used after it has been moved and repaired, specifying the purpose in sufficient detail so that the applicable Construction Code occupancy can be determined. The owner shall certify that the occupancy will not violate any valid and applicable deed restriction or covenant running with the land. The landowner shall covenant and agree in the landowner's agreement: (1) That application will be made for all necessary permits to bring the building into compliance with the Construction Code within 30 calendar days after the building is moved onto the property. (2) That the building will be brought into compliance with all applicable Construction Code requirements for the designated occupancy within 150 calendar days, and that the issuance of any permit by the city shall not be construed to extend the time to repair the building beyond 150 calendar days after the building was moved onto the property. (3) That until such time as the building is permanently occupied the owner will ensure that the building will not be permitted to become or remain in such a condition that a person can enter into it without the use of force through unlocked doors or unsecured openings except at such times as the owner or any persons engaged in the repair of the building are in actual attendance on the property and that the owner of the property will ensure that the building does not become or remain a dangerous building as defined in section 10-361 of this Code. (4) The owner expressly understands and agrees that if he fails or refuses to timely perform any one or more of his obligations under the landowner's agreement, the city may demolish or cause the demolition of the building at the risk, expense and liability of the owner, and the owner agrees to pay the city all costs incurred by the city therefor. The landowner's agreement shall be signed by each owner of the property onto which the building is to be moved. (b) When the requirements of a landowner's agreement have been fully met and the building has been brought into compliance with all Construction Code requirements for the occupancy designated in the application for the house moving permit, the building official shall issue a certificate of compliance for the building upon the request of the landowner. If a bond has been posted to secure performance of the landowner's agreement, the surety company shall be relieved of liability on the bond when a certificate of compliance is issued by the building official for the building that was the subject of the permit. If a cashier's check was delivered to the city pursuant to this section, the landowner may demand return of the cashier's check when a certificate of compliance is issued by the building official for the building that was the subject of the permit. (c) Prior to demolition of any building pursuant to a landowner's agreement, the city shall provide the owners with notice and a hearing in the same manner as provided for in article IX of this chapter. (d) This section shall not be applicable to the moving of a building to a "house repair or resale lot" which holds a current license issued by the city for that purpose. The term "house repair or resale lot" means a contiguous plot or tract of land which: (1) Has 15,000 square feet or more in area; (2) Is suitable for use for the repair and/or display of buildings which are to be subsequently moved to a permanent location after repair or resale; and (3) Is subject to such use without violation of any valid and applicable deed restrictions or covenants running with the land. Further, this section shall not be applicable to portable school buildings moved onto the property of an independent school district. (e) License for house repair or resale lot: (1) To obtain a license to operate a house repair or resale lot, an application shall be filed with the building official on a form designated by the city for that purpose. On such application, the applicant shall set forth: a. The address of the site where the house repair or resale lot will be operated. b. The legal description of the property on which the house repair or resale lot will be operated. c. The names and street addresses of each owner of the property on which the house repair or resale lot will be operated. d. The name and street address of the person who will operate the house repair or resale lot. e. Such other information as the Director of Houston Public Works finds will aid in the enforcement of this Code in regard to the house repair or resale lot. f. A statement that the proposed use of the property described in the application for use as a house repair or resale lot will not violate any restriction contained in or incorporated by reference in a recorded instrument affecting the land. Such an application shall be signed by each owner of the property. (2) The building official shall issue a license to the person who will operate the house repair or resale lot upon submission of an application pursuant to this section and payment of the license fee if, upon inspection, the building official finds that the house repair or resale lot meets the requirements of this section. (3) The fee for a license issued under this section is stated for this provision in the city fee schedule. (4) A license issued under this section shall expire one year from the date of its issuance but may be renewed upon application therefor and payment of the annual renewal fee stated for this provision in the city fee schedule. An application for renewal shall be on a form designated by the city for that purpose and shall include such information as the Director of Houston Public Works determines is necessary to enforce this Code relating to house repair or resale lots. (5) A license issued to operate a house repair or resale lot shall be valid only for the property described in the application for the license. Such a license shall also be personal to the licensee and shall not be transferable. (6) Each building situated on a house repair or resale lot shall be kept in such a condition that a person cannot enter it without the use of force through unlocked doors or unsecured openings except at such times as the licensee, his agents or employees, or any person engaged in the repair of the building are in actual attendance on the property. (7) No part of a building on a house repair or resale lot shall either be closer to any other building on such lot than six feet or be closer than three feet to any property line. (8) House repair or resale lot licenses shall be subject to revocation and suspension by the building official as provided in section 10-92 of this Code. (Code 1968, § 10-49; Ord. No. 81-2515, § 1, 12-22-81; Ord. No. 82-870, § 1, 5-25-82; Ord. No. 90-635, § 25, 5-23-90; Ord. No. 93-514, § 21, 5-5-93; Ord. No. 93-1570, § 3, 12-8-93; Ord. No. 98-613, § 24, 8-5-98; Ord. No. 02-399, § 31, 5-15-02; Ord. No. 04-1015, §§ 10, 11, 9-27-04; Ord. No. 2011-1168, § 13, 12-14-2011; Ord. No. 2018-11, § 49, 1-10-2018)

Houston Code of Ordinances § 10-50 Reserved.

Houston Code of Ordinances § 10-51 Bond.

Sec. 10-51. - Bond. (a) In the event a house moving license is granted under division 2 of this article, before delivery thereof, the licensee shall file with the city a bond signed by the licensee as principal and by a good and sufficient corporate surety on the current approved United States Treasury list, which bond shall be in the sum of $10,000.00, conditioned that the licensee will engage in the business of house moving within the corporate limits of the city in strict accordance with the terms of this article, and will pay to the city any and all damages to streets, curbs, gutters, water lines, fire hydrants and other public property occasioned in any manner by the licensee's moving of houses, and further conditioned that the licensee will pay to the city, as minimum liquidated damages, the sum of $50.00 per day for each day or part thereof that any house being moved by the licensee shall remain on any street or part of street in excess of the number of days shown in the house moving permit issued to the licensee for such move. The bond shall contain a provision that the parties recognize that the damages to the city occasioned by any house remaining on any street or part of the street in excess of the number of days shown in the permit will, in all probability, be difficult to ascertain and consequently that the parties have agreed on such sum as the minimum amount of such damages. However, such bond shall contain the further provision that the amount agreed upon is the minimum amount of damages which the city will sustain in any event, but that the city shall not be prevented from claiming and proving any additional amount in excess of such minimum sum. (b) Bonds provided for in this section shall not be exhausted until fully paid. Each such bond shall contain a provision that it shall not be exhausted until a recovery or recoveries have been obtained totaling the full amount of the bond. (Code 1968, § 10-51; Ord. No. 72-500, § 1, 3-15-72)

Houston Code of Ordinances § 10-52 Insurance.

Sec. 10-52. - Insurance. In addition to the requirements for a bond the holder of any category of house moving license shall be required to carry liability insurance in the minimum sum of $50,000.00 for injury to or death of one person, and $100,000.00 for injury to or death of more than one person from any one accident, and the minimum sum of $25,000.00 for property damage for any one accident. Such policy shall contain a provision obligating the insurer to give written notice of cancellation, not less than ten days prior to the date of such cancellation, to the building official. No house moving permit will be issued to any house moving licensee unless such insurance is in full force and effect. (Code 1968, § 10-52; Ord. No. 90-635, § 26, 5-23-90)

Houston Code of Ordinances § 10-53 Mover's equipment generally.

Sec. 10-53. - Mover's equipment generally. No house mover shall move or attempt to move any house by means of any equipment whether owned by him, or not, which has not first been registered with the city and inspected and a certificate of compliance obtained therefor pursuant to section 10-88 of this Code. (Code 1968, § 10-53)

Houston Code of Ordinances § 10-54 Marking of mover's equipment.

Sec. 10-54. - Marking of mover's equipment. All house moving equipment shall be plainly marked in letters not less than four inches in height, showing the name of the licensed house mover. (Code 1968, § 10-54)

Houston Code of Ordinances § 10-55 Lights on load.

Sec. 10-55. - Lights on load. Amber or red lights at least four inches in diameter, with two units to each side on the back not less than three feet nor more than six feet from the ground, with one on each side in the center of the load, shall be required when a house is being moved. There shall be comparable lights of amber color across the front of the load and these lights shall be in operation at all times while the house is on the public street or right-of-way during the night or day. (Code 1968, § 10-55)

Houston Code of Ordinances § 10-56 When barricades, warning lights, etc., required.

Sec. 10-56. - When barricades, warning lights, etc., required. Barricades and warning lights or other equivalent danger warning devices shall be placed wherever any house being moved is stopped on any public street right-of-way for any period of time in excess of ten minutes. (Code 1968, § 10-56)

Houston Code of Ordinances § 10-57 Authority to require additional safety equipment.

Sec. 10-57. - Authority to require additional safety equipment. The building official is hereby authorized to specify required safety equipment to be employed while any house is being moved upon the public streets of the city, in addition to the equipment specified in this article. (Code 1968, § 10-57; Ord. No. 90-635, § 27, 5-23-90)

Houston Code of Ordinances § 10-58 Establishment of time, routes, etc., for moving.

Sec. 10-58. - Establishment of time, routes, etc., for moving. (a) The building official shall have authority to establish and direct, as a condition to the issuance of a permit under this article, the time when the house moving shall start and the time when it shall be completed, the routes over which houses of specified dimensions may be moved and such other regulations and conditions which he may deem necessary. Any deviation from such routes and hours shall constitute an offense. Decisions made by the building official pursuant to the provisions of this subsection shall be such that they result in the prevention of traffic obstruction and overloading of pavement weight capacity. (b) When it is required by the provisions of this article that an inspector be present, the building official shall establish a time for the house to be moved upon the request of the licensee. Such request shall be made at least 24 hours prior to the moving time. The licensee may give notice of cancellation of such scheduled house moving, if such notice is given not less than 12 hours prior to the scheduled time of moving. In the event that a scheduled house moving has not been completed within the time assigned, or if such scheduled house moving is cancelled by the licensee less than 12 hours prior to the assigned time, the licensee shall pay the additional fee stated for this provision in the city fee schedule to the city as a condition precedent to the building official assigning another time for the moving of such house; provided, however, that no additional fee shall be paid to establish a new moving time if the noncompletion or cancellation has resulted from inclement weather. (c) Route changes may be authorized by the building official. All concerned parties shall be notified immediately and prior to any deviation from the original announced route. Changes in time shall be made in the same way as changes in route. (Code 1968, § 10-58; Ord. No. 90-635, § 27, 5-23-90; Ord. No. 2011-1168, § 13, 12-14-2011)

Houston Code of Ordinances § 10-59 Maximum time limit.

Sec. 10-59. - Maximum time limit. No move authorized pursuant to this article shall last for a period of time in excess of 48 hours, and the maximum time during which a house may legally remain in a street, under a permit issued pursuant to this article, shall be 48 hours. (Code 1968, § 10-59)

Houston Code of Ordinances § 10-60 Inspection of route prior to moving.

Sec. 10-60. - Inspection of route prior to moving. All routes over which a house is to be moved shall be physically inspected prior to each haul by the licensee and the house moving inspector and others concerned. (Code 1968, § 10-60)

Houston Code of Ordinances § 10-61 Escort by off-duty police required.

Sec. 10-61. - Escort by off-duty police required. Every licensee shall, before moving a house, engage at his own cost, the services of an off-duty police officer of the city as an escort for such move. Such police officer shall be selected from a roster prepared under the supervision of the chief of police, and the names on such roster shall be rotated; provided, however, such off-duty police officer shall not use city-owned vehicles or equipment while engaged in the service of such house mover. When the house to be moved exceeds 22 feet in width or 40 feet in length one additional off-duty police officer escort shall be required. It shall be unlawful to move a house of any dimension, when a permit therefor is required, without the required police escort. (Code 1968, § 10-61; Ord. No. 72-499, § 2, 3-15-72)

Houston Code of Ordinances § 10-62 Secondary escort.

Sec. 10-62. - Secondary escort. In circumstances where the contour of the road requires it, in the opinion of the building official, the licensee shall provide a secondary escort in a vehicle with a reflectorized sign reading: "DANGER, SLOW, BE PREPARED TO STOP" in red letters on a white background 20 inches wide and 12 inches high attached to the rear of such escorting vehicle and placed more than six feet above the ground. Such sign shall be carried 200 feet to 500 feet behind the house, depending upon the contour of the roadway; provided, however, the building official may authorize some other procedure in lieu of a secondary escort. (Code 1968, § 10-62; Ord. No. 90-635, § 28, 5-23-90)

Houston Code of Ordinances § 10-63 When inspector required.

Sec. 10-63. - When inspector required. No house moving inspector will be required during the moving of a house upon the public streets of the city unless the building official determines that special circumstances exist which would make the presence of such an inspector necessary. (Code 1968, § 10-63; Ord. No. 72-499, § 3, 3-15-72; Ord. No. 90-635, § 28, 5-23-90)

Houston Code of Ordinances § 10-64 Authority to stop moving and inspect equipment.

Sec. 10-64. - Authority to stop moving and inspect equipment. The police escort, or the house moving inspector if present, are hereby empowered to stop a house which is being moved at any time for the purpose of inspecting the rigging, trucks, and lighting in order to insure the safety of the move with a minimum of exposure to danger or damage to property. (Code 1968, § 10-64; Ord. No. 72-499, § 4, 3-15-72)

Houston Code of Ordinances § 10-65 Continuous motion required in street.

Sec. 10-65. - Continuous motion required in street. During the entire time that a house being moved in occupying the street, or any portion thereof, the licensee shall make every reasonable effort to keep it continuously in motion toward its destination and, insofar as possible, he shall not allow the work of moving to stop during such time. This shall not be interpreted to encompass accidents, breakdowns for which the licensee has not been negligent, or acts of God which prevent continuous movement when the house moving is underway. (Code 1968, § 10-66)

Houston Code of Ordinances § 10-66 Unattended houses on street.

Sec. 10-66. - Unattended houses on street. No house being moved pursuant to this article shall be left unattended on any public street or right-of-way. (Code 1968, § 10-67)

Houston Code of Ordinances § 10-67 Removal of house from street by city.

Sec. 10-67. - Removal of house from street by city. When a house has been left on a public street, or other public way or place, and, in the opinion of the building official, the house mover is not proceeding with all diligence, or without reasonable likelihood of success to move or cause the removal of the house from such location, the building official shall have authority to remove or cause the removal of such house, and all costs pertaining to such removal shall be paid by the licensee. (Code 1968, § 10-68; Ord. No. 90-635, § 29, 5-23-90)

Houston Code of Ordinances § 10-68 Disconnecting utilities.

Sec. 10-68. - Disconnecting utilities. It shall be unlawful for any licensee to disconnect any electric light and power connection, gas connection, water connection, sewer connection or telephone connection from any house which he proposes to move, without the consent of the public utility owning such connection. (Code 1968, § 10-69)

Houston Code of Ordinances § 10-69 Disconnection and plugging of sewer service line.

Sec. 10-69. - Disconnection and plugging of sewer service line. It shall be the duty of the licensee to cause to be disconnected outside of the property line and properly plugged by a licensed plumber, in such a manner as to prevent any surface water from entering same, the sewer service line connection of any house to be moved by such licensee prior to the issuance of a moving permit therefor and such licensee shall comply with all applicable provisions of ordinance relating to sewage, sewers and drains. (Code 1968, § 10-70; Ord. No. 72-499, § 6, 3-15-72)

Houston Code of Ordinances § 10-70 Removing or destroying poles or wires.

Sec. 10-70. - Removing or destroying poles or wires. It shall be unlawful for any licensee to remove, tear down or destroy any pole or wire or other property belonging to the city or to any electric light and power company, gas company or telephone or telegraph company without the consent of such utility or other person owning the same. (Code 1968, § 10-71)

Houston Code of Ordinances § 10-71 Cutting down trees or branches.

Sec. 10-71. - Cutting down trees or branches. It shall be unlawful for any licensee engaged in moving a house to cut down any tree growing within any parkway or esplanade of a public street or to cut any branches therefrom without having first obtained permission from the director of parks and recreation. (Code 1968, § 10-72)

Houston Code of Ordinances § 10-72 Removal of equipment, cribbing and debris from vacated premises.

Sec. 10-72. - Removal of equipment, cribbing and debris from vacated premises. It shall be the duty of the licensee to remove all equipment, cribbing, and debris deposited or caused to be deposited on the land vacated by the moving of any house therefrom. (Code 1968, § 10-73)

Houston Code of Ordinances § 10-73 Removal of trash deposited on streets or other public property.

Sec. 10-73. - Removal of trash deposited on streets or other public property. The licensee shall be required to remove at his expense all trash and debris which he has deposited or caused to be deposited in any public street or other public place or property at the time he is moving the house. (Code 1968, § 10-74)

Houston Code of Ordinances § 10-74 Notice of completion; repair of damage to public property.

Sec. 10-74. - Notice of completion; repair of damage to public property. (a) Whenever a licensee has completed the work of moving a house under a permit, and the house no longer occupies any part of the street, he shall promptly notify the building official of such fact. The building official shall cause an inspection to be made of the route of moving and the installation of the house. If he finds that the licensee has caused damage to the streets, curbs, gutters, sidewalks or other public property, he shall notify the licensee of such fact, specifying the damage, by mailing to him a written notification at either of the addresses listed in the licensee's application. The licensee shall proceed within two days from the date of such notification to begin the work of repairing the damage, which work shall be promptly done and completed under the supervision of and to the entire and complete satisfaction of the building official. (b) In the event that the licensee fails to begin work within two days, or fails to continuously proceed therewith promptly and expeditiously, or fails to complete it to the entire and complete satisfaction of the building official, then the building official may promptly cause the damage to be repaired on behalf of the city. In such case, the building official shall make and execute a certificate, setting out the relevant facts pertaining to the transaction, and shall certify therein the amount of damage sustained by the city and shall file the certificate with the city controller. The licensee, by accepting the permit provided for in this article, does thereby constitute and appoint the building official as his agent and representative with full power and authority to bind the licensee and his surety to prepare and file such certificate. Upon the filing of the certificate, the amount stated therein shall be and become a sum, liquidated and certain, owing to the city by the licensee and the surety on his bond and, in any suit involving such sum, the facts recited in the certificate and the amount of damage certified therein shall in all things be presumed to be true and binding upon the licensee and his surety in the absence of clear, convincing and unmistakable proof that the building official has acted arbitrarily and without any evidence whatsoever of such facts. (c) Notwithstanding the foregoing provisions, the city may, as an alternative, and at the city's option, make or cause to be made repairs to its property damaged by the licensee and the licensee shall be obligated to pay the city reasonable costs of such repairs. (d) On the day following the moving of a house, the licensee shall furnish to the building official the names of the police officers who escorted the move. In the event the day following such move is a Saturday, Sunday or holiday, the licensee shall submit such information on the next regular business day. The licensee may satisfy this requirement by mailing such information to the building official on the day following such move. (Code 1968, § 10-75; Ord. No. 72-499, § 7, 3-15-72; Ord. No. 90-635, § 30, 5-23-90)

Houston Code of Ordinances § 10-75 Completion certificate.

Sec. 10-75. - Completion certificate. When a house is moved pursuant to the provisions of this article, a move completion certificate shall be issued after the move has been completed and all inspections have been made and approval has been given by the building official. The move completion certificate shall be issued by the building official. Such certificate shall not be issued until repairs or replacements have been made for any public property damaged in such move. (Code 1968, § 10-76; Ord. No. 90-635, § 30, 5-23-90)

Houston Code of Ordinances § 10-76 Exemptions from article.

Sec. 10-76. - Exemptions from article. Portable houses without plumbing facilities not more than 12 feet in width and not exceeding 16 feet in height, when loaded for moving, shall be exempt from the provisions of this article. Such exemption does not exempt the mover from compliance with chapter 45 of this Code. All houses moved into or within the city, regardless of size, shall comply fully with the Construction Code. (Code 1968, § 10-77; Ord. No. 72-1075, § 1, 6-22-72; Ord. No. 02-399, § 32, 5-15-02)

Houston Code of Ordinances § 10-77 Penalty.

Sec. 10-77. - Penalty. Any person who violates any of the provisions of this article shall be fined not less than $100.00 nor more than $500.00 and each day's violation shall constitute a separate offense. (Code 1968, § 10-78; Ord. No. 92-1449, § 21, 11-4-92)

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_CH10BUNEPR_ARTIIIHOMO_DIV1GEFetched: 10/26/2026