PERMITS

Houston Code of Ordinances ch. 28, art. XIX, div. 2

in effect

Houston Code of Ordinances § 28-641 Permit application requirements.

Sec. 28-641. - Permit application requirements. (a) To obtain a permit to operate a donation box, an applicant must file an application with the administrator. A single application may cover multiple donation boxes that are owned and operated by the applicant. The administrator may promulgate such application provided that an application must include the following information: (1) The applicant's name, telephone number, mailing address, electronic mail address, and street address, if different from the mailing address, and the same information for each landowner and operator, if different from the applicant. For applicants who are individuals, a government-issued identification document or similar proof of legal right to work in the state of Texas shall be required. Applicants transacting business in Texas must provide proof of such right to transact business in Texas; (2) Proof that the applicant owns the real property upon which the operator will place the donation box. Or, if the applicant does not own the real property upon which the donation box will be placed, written permission by the landowner or an authorized agent of the landowner to place the donation box as proposed in the application; (3) A site plan or map drawn to scale showing the exact placement of the donation box on the proposed site; (4) A service plan for each donation box. The service plan shall include information regarding which days and the time of day the items will be collected, and other requirements described under section 28-651(16) of this Code; (5) A description of the size, color, and design of the donation box, and the type of material from which the box is constructed; (6) A list of any other donation boxes located on the same property as the donation box that is the subject of the application; (7) Proof of required insurance; (8) A declaration of compliance with other laws; and (9) Any other information that may be reasonably requested by the administrator. (b) Any change in the information listed in subsection (a) of this section shall require a supplement to the application, and must be reported by the permit holder to the administrator within ten days after the change. Failure to supplement the permit application as required by the administrator invalidates the permit issued under the original application. The administrator may require a permit holder to reapply for a permit if information provided in the original application changes. The administrator may promulgate procedures and regulations regarding the requirement to supplement any change in the information listed under subsection (a) of this section. (c) A separate permit shall be required for each donation box regardless of the ownership thereof. Permits issued under the provisions of this article shall be valid only at the address stated on the permit. (d) A nonrefundable annual permit fee for each donation box, as stated in the city fee schedule, shall be required. Each permit shall expire on the one-year anniversary of the date of issuance unless revoked under this article. The annual donation box permit fee shall not be subject to the administrative fee requirement in section 1-14 of this Code. (Ord. No. 2021-350, § 2, 5-5-2021; Memorandum of 7-8-2021; Ord. No. 2022-65, § 2, 1-26-2022)

Houston Code of Ordinances § 28-642 Issuance or denial of a permit application.

Sec. 28-642. - Issuance or denial of a permit application. (a) The administrator shall issue a permit after receipt of a completed application if all requirements have been met. If not all requirements for issuance of a permit have been met, the administrator shall deny the permit application. The administrator shall issue notice of the denial to the applicant within a reasonable time. (b) After issuance of a permit, the administrator shall issue a decal to the applicant to place on the donation box. This decal shall remain affixed to the donation box and visible on the outside of the donation box for the entire duration of the permit. Failure to maintain a visible decal on a donation box may constitute a violation and invalidation of a permit issued under this section. It shall be unlawful for a person, other than an employee of the city authorized to administer this article, to remove a decal from a donation box. (c) An applicant may appeal a decision to deny a permit application in the same manner as for revocation of a permit under section 28-643 of this Code. (Ord. No. 2021-350, § 2, 5-5-2021)

Houston Code of Ordinances § 28-643 Transfer, revocation, and appeal.

Sec. 28-643. - Transfer, revocation, and appeal. (a) Permits and decals are nontransferable. (b) The administrator may revoke a permit for any of the following reasons without refund of any portion of the required fee: (1) The information provided in the application is materially false, incorrect, or incomplete; (2) The permit was issued through error; (3) The permit holder has failed to comply with any applicable provision of this article; or (4) The use of the donation box or permit has been discontinued for a continuous period of 180 days. (c) Revocation of a permit for a single donation box does not affect the validity of permits granted for other donation boxes with the same landowner or operator. (d) In the event that the administrator determines pursuant to this article that a permit holder is no longer eligible for a permit, or the administrator otherwise revokes the same, the permit holder shall be given notice in writing of the reasons for the revocation by the administrator. A permit holder may appeal the decision of the administrator regarding the revocation by filing a written request for a hearing with the administrator within 20 calendar days after he is given notice of the revocation. The permit holder's written request for a hearing shall set out the grounds on which the revocation is challenged. The administrator's decision on the revocation shall be final unless the permit holder has timely filed such an appeal. An appeal shall not stay the administrator's decision on the revocation. The hearing shall be conducted by a hearing officer appointed by the administrator within 30 calendar days after receipt of a request. At the hearing, the permit holder may present any evidence relevant to the proceedings, in accordance with reasonable rules adopted by the administrator and approved by the city attorney. The hearing officer shall give written notice to the permit holder of his findings as to whether or not the permit should be revoked and the reasons therefor. The notice shall be sent by certified mail, return receipt requested, as soon after the conclusion of the hearing as practicable but in no event more than 30 calendar days thereafter. The decision of the hearing officer shall be final. (e) If a permit is revoked by the administrator for violation of this article, it shall not be reissued within the one-year period following the date that the permit was revoked. (Ord. No. 2021-350, § 2, 5-5-2021)

Houston Code of Ordinances § 28-644 Indemnification of city.

Sec. 28-644. - Indemnification of city. The applicant must agree, as a condition of his permit, to indemnify and hold harmless the city, its officers, agents, contractors, and employees against any loss, liability or damage, including expenses and costs for bodily injury and for property damage sustained by any person, organization or entity resulting from the applicant's operation of a donation box or resulting from the city's abatement of a violation or emergency nuisance under this article. (Ord. No. 2021-350, § 2, 5-5-2021)

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_CH28MIOFPR_ARTXIXDOBO_DIV2PEFetched: 10/26/2026