Enforcement.

Houston Code of Ordinances § 32-232

in effect

Sec. 32-232. - Enforcement. (a) Notwithstanding the other provisions of this article, whenever the director or the health officer finds an unsanitary or other unhealthful or unsafe condition in the operation of a unit, he may issue a written notice to the vendor citing such condition, specifying the corrective action to be taken, and specifying the time period within which such action shall be taken; and, if deemed necessary, such order shall state that the permit is immediately suspended, and all food service operations are to be immediately discontinued. Any person to whom such an order is issued shall comply immediately therewith, but upon written petition to the director, shall be afforded a hearing within ten days after the issuance of that order. (b) The director may suspend or revoke a permit for failure to observe any of the conditions listed in section 32-231. Prior to such suspension or revocation the director shall give ten days' written notice to the vendor of his violation of or his failure to observe a general condition as set out above. If the vendor requests a hearing prior to the expiration of that ten-day notice period, the director shall hold a hearing to determine if the permit should be suspended or revoked. The vendor may present evidence in his own behalf if he so desires. The director's decision in regard to suspension or revocation shall be final. If the vendor fails to request such a hearing, the suspension or revocation shall become effective upon the expiration of the ten-day notice period. If a permit granted under this article is suspended or revoked, the vendor shall not operate the unit on park property thereafter. A vendor whose permit has been suspended or revoked may apply for a permit the following vending season. (c) All notices required or permitted under this article shall be in writing and shall be deemed delivered upon email notification, personal delivery or three days after deposit in a United States Postal Service post office or receptacle with proper postage affixed and addressed to the vendor at the address provided by the vendor (the applicant's name and street address) in his application for a permit. (d) In the event that the health officer issues a notice of violation of any law or ordinance to a vendor in connection with the operation of or any condition related to the unit or the vendor's operation, including a violation of this article, the health officer shall immediately notify the director. Conversely, if the director is notified of or becomes aware of any condition or occurrence which may constitute a violation of this article or of any food or health-related statute or ordinance, the director shall immediately notify the health officer. Copies of all inspection reports, prepared by the health officer, on units permitted hereunder shall be promptly forwarded to the director. (e) Suspension, revocation, or expiration of a vendor's good dealer's permit or mobile food service unit medallion shall result in the immediate suspension of the permit granted hereunder without further action on the part of the city. Such suspension shall remain in effect until the vendor's food dealer's permit and mobile food service unit medallion are restored. The notice provisions of section 32-232(c) shall not be applicable to suspension of a permit under this subsection. (f) In addition, a permit shall be revocable without liability therefor if the director finds that a public necessity or emergency exists requiring an immediate revocation of the permit and termination of operation of the unit for the remainder of a vending season. In that case the director shall provide written notice to the vendor as promptly as possible. This notice shall state the reason or reasons emergency revocation is or was required. Notice under this clause shall constitute an exception to the notice provisions of section 32-232(c). (Ord. No. 2016-65, § 2(Exh. A), 1-20-2016)

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_CH32PARE_ARTIXPAFOVE_DIV1GE_S32-232ENFetched: 10/26/2026