Compliance with construction code; landowner's agreement; bond; certificate of compliance; move to house repair or resale lot.
Houston Code of Ordinances § 10-49
in effectSec. 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)
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_DIV1GE_S10-49COCOCOLAAGBOCECOMOHORERELOFetched: 10/26/2026