Duty; affirmative defenses.
Houston Code of Ordinances § 33-131
in effectSec. 33-131. - Duty; affirmative defenses.
(a) All owners of building sites included under section 33-121 shall plant or cause the planting of trees or shrubs required in sections 33-126 and 33-128 or secure the planting equivalency credits allowed in section 33-123, and if protected trees are being removed, shall further satisfy the protected tree replacement requirement in accordance with this division.
(b) All owners and lessees of new or expanded parking lots on building sites included under section 33-121 shall additionally plant trees or shrubs in compliance with section 33-127, and if protected trees are being removed, shall further satisfy the protected tree replacement requirement in accordance with this article.
(c) It shall be an affirmative defense to prosecution under this section that:
(1) The person caused the tree or shrub to be planted and maintained in accordance with this article, but the tree or shrub died more than two years after the issuance of the certificate of occupancy;
(2) The person caused the tree or shrub to be planted and maintained on the public right-of-way in accordance with this article, but the tree or shrub died and was removed by the owner with the written permission of the department of parks and recreation obtained under article VI of this chapter, or the period allowed by this article for replacing the tree or shrub has not yet elapsed;
(3) The person caused the tree or shrub to be planted or maintained on private property in accordance with this article but the tree or shrub died and the period allowed by this article for replacing the tree or shrub has not yet elapsed;
(4) The building permit for the person's property is for single-family residential use;
(5) The person's property has an unexpired conditional certificate of occupancy, and the person has provided an executed contract or a bond or assigned certificate of deposit in accordance with this article; or
(6) A variance or waiver was secured for the building site in conformity with the requirements of this article.
(Ord. No. 03-159, § 5, 2-12-03; Ord. No. 09-84, § 12, 2-11-09)
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_CH33PLDE_ARTVTRSHSCFE_DIV2BUSI_S33-131DUAFDEFetched: 10/26/2026