Houston Code of Ordinances ch. 28, art. XIX, div. 4 — ABATEMENT | Houston Code of Ordinances (Supp. No. 93, Update 2: codified through Ordinance No. 2026-0732, adopted Aug. 19, 2026) — City of Houston

Houston Code of Ordinances § 28-656 Abatement.

Sec. 28-656. - Abatement. (a) Whenever the administrator is made aware of the existence of a donation box that is in violation of this article, the administrator shall issue a notice of the violation and a written order to remove or abate the violation within five business days of the mailing or personal delivery or publication or posting. The notice shall be sent to the landowner and operator of the donation box in the manner provided for notice under section 10-452 of this Code, provided that notice shall not be required prior to an abatement of an emergency nuisance described in section 28-657 of this Code. Any required notice under this subsection shall also be given in compliance with the applicable provisions of section 342.006 of the Texas Health and Safety Code, as amended. (b) If a landowner or operator fails to remove or abate a violation of this article within five business days of the administrator's mailing or personal delivery or publication or posting of notice of the violation, then the city shall be authorized to carry out any and all abatement, which includes, but is not limited to, the following actions: (1) Taking reasonable measure to remedy the violation; (2) Revoking any permit issued for that donation box as prescribed under section 28-643 of this Code; or (3) Ordering the removal and impoundment of the donation box. (c) Any donation box placed or maintained on real property without consent of the landowner or any donation box that blocks the right of way shall be subject to removal and impoundment by the city, provided that notice under subsection (a) of this section shall not be required prior to removal or impoundment. (d) For any abatement that is carried out by the city under this section, the city may assess its expenses related to such abatement, including applicable overhead expenses, and place a lien on any real property on which the donation box was placed. After determining the amount of expenses and charging the same against the applicable landowner or operator, the administrator shall certify a statement of such expenses and shall file the same with the county clerk of the county in which the premises or real property is located. Upon filing such lien with the county clerk, the city shall have a privileged lien, inferior only to tax liens and liens for street improvements, to secure the expenditure so made. (e) If the city has removed a donation box under this section, and the landowner or operator or their designee has not retrieved the donation box and paid the city's expenses described in subsection (d) of this section within 30 days after removal, the city may dispose of the donation box without providing further notice. (Ord. No. 2021-350, § 2, 5-5-2021)

Houston Code of Ordinances § 28-657 Emergency abatement of nuisance.

Sec. 28-657. - Emergency abatement of nuisance. (a) If an administrator determines that a donation box is maintained in a manner or condition prescribed in this section, the administrator may, without providing the notice required under section 28-656(a) of this Code, take immediate action to abate the nuisance, including removal of the donation box. Each of the following is an emergency requiring immediate action to protect the public health or safety, is declared a nuisance subject to abatement, and is hereby prohibited and made unlawful under this section: (1) A donation box or any area within 25 feet of a donation box that is a breeding place for flies because of the unsafe/unsanitary condition of the donation box or its contents; (2) The presence of ectoparasites, including bedbugs, lice, and mites, suspected to be disease carriers in a donation box or within 25 feet of a donation box because of the unsafe/unsanitary condition of the donation box or its contents; (3) The accumulation or collection of any water, stagnant, flowing, or otherwise, in a donation box or within 25 feet of a donation box, in which the mosquito breeds or which may become a breeding place for mosquitoes; (4) The presence of well grown mosquito larvae, or of pupae, in a donation box or within 25 feet of a donation box, because of the donation box; (5) A donation box that is defective and allows leakage or spilling of contents; (6) A condition of a donation box, including any structural defect of the donation box, that may injuriously affect the public health; (7) The deposit or accumulation of any foul, decaying, or putrescent substance or other offensive matter in a donation box or within 25 feet of a donation box; (8) A donation box harboring rats or other vermin; and (9) The detectible presence of urine or the presence of feces, vomit or other bodily fluids in a donation box or within 25 feet of a donation box. (b) Not later than the tenth business day after the date of abatement under this section, the administrator shall give notice thereof to the landowner and operator in the manner provided for notice under section 10-452 of this Code. The landowner or operator may request a hearing within 20 calendar days after he is given notice of the abatement under this section by filing a written request for a hearing with the administrator. The hearing shall be scheduled not later than 30 calendar days after receipt of the request for a hearing and shall be conducted by a hearing officer appointed by the administrator for the purpose of determining whether the conditions qualified for abatement under the terms of this section. The hearing officer's decision shall be final. (c) A landowner or operator who violates this section is guilty of a misdemeanor punishable by a fine up to $2,000.00. Each day any violation continues shall constitute and be punishable as a separate violation of this article. (d) For any abatement that is carried out by the city under this section, the city may assess its expenses for such abatement and place a lien on any real property on which the donation box was placed in the same manner as under section 28-656(d) of this Code. (e) If the city has removed a donation box under this section, and the landowner or operator or their designee has not retrieved the donation box and paid the city's expenses described in subsection (d) of this section within 30 days after removal, the city may dispose of the donation box without further notice. (Ord. No. 2021-350, § 2, 5-5-2021)