Permit—Issuance or denial.
Houston Code of Ordinances § 40-265
in effectSec. 40-265. - Permit—Issuance or denial.
(a) Within ten days of receipt of a permit application, the director shall grant or deny the requested permit and give written notice to the applicant of the decision.
(b) The director shall issue a permit to the applicant on a first applied, first issued basis unless one or more of the following conditions exist:
(1) The applicant failed to supply all of the information requested on the application;
(2) The applicant gave materially false, fraudulent, or untruthful information on the application;
(3) The applicant has not fully complied with all state, federal, and local laws or regulations affecting the conduct of its businesses;
(4) Houston Public Works determines that the application should be denied on the basis of the review conducted under section 40-268 of this Code; or
(5) The application or the applicant does not meet any other requirement of this Code.
(c) In the event that the director determines that an application should be denied, the applicant shall be given notice in writing of the reasons for the denial. An applicant may appeal the decision of the director regarding such denial by filing a written request for a hearing with the director within ten days after he is given notice of such denial. The director's decision on the application shall be final unless an appeal is timely filed. An appeal shall not stay the director's decision on the issuance of a permit. The applicant's written request for a hearing shall set forth the grounds on which the denial is challenged. The hearing shall be conducted by the city's director of administration and regulatory affairs or his designee who shall act as the hearing official under this article. The hearing official shall not have participated in any investigation or decision relating to the denial of the permit. At the hearing, the hearing official shall receive oral and written evidence regarding the application. Hearings shall be conducted under rules issued by the director of administration and regulatory affairs which shall be consistent with the nature of the proceedings and shall ensure that each party may present evidence, cross-examine witnesses, and be represented by legal counsel.
(d) The hearing official shall conduct the hearing within ten days after receipt of the applicant's written request for a hearing, unless the applicant requests an extension in writing. The hearing official shall render written decision and issue notice thereof, to the applicant within five days after the conclusion of the hearing. The written decision of the hearing official shall be final.
(e) Failure of the director to give timely notice of his action on an application or failure of the hearing official to timely conduct or give notice of his decision on an appeal from the director's decision, shall entitle the applicant to the issuance of a temporary permit upon written demand therefor filed by the applicant with the director. Such a temporary permit shall only be valid until the third day after the director gives notice of his action on the application or the hearing official gives notice of his decision on the appeal, as applicable.
(Ord. No. 91-1168, § 4, 8-14-91; Ord. No. 93-514, § 84, 5-5-93; Ord. No. 08-52, § 72, 1-16-08, eff. 1-26-08; Ord. No. 2018-11, § 50, 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_CH40STSI_ARTXISISA_DIV2PE_S40-265PESSDEFetched: 10/26/2026