Fencing or filling of abandoned excavations.
Houston Code of Ordinances § 28-12
in effectSec. 28-12. - Fencing or filling of abandoned excavations.
(a) It shall be unlawful for any person to build, construct or maintain, or to have built or constructed, any excavation of any size, and thereafter to abandon the use and maintenance thereof, unless such person shall construct a chain link fence or masonry fence at least six feet in height, which fence shall completely enclose such excavation, or fill such excavation with earth, bank sand or similar material. It is an affirmative defense to prosecution under this section that the excavation is for a basement or foundation for a structure that is actively being constructed or that the excavation is a swimming pool subject to regulation under chapter 43 of this Code.
(b) Any person violating any provision of this section, upon conviction, shall be fined not less than $100.00 nor more than $2,000.00 for each violation, and each day shall constitute a separate offense.
(Code 1968, § 28-37; Ord. No. 73-2472, § 1, 12-14-73; Ord. No. 92-184, § 2, 2-19-92; Ord. No. 92-1449, § 42, 11-4-92)
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_ARTIINGE_S28-12FEFIABEXFetched: 10/26/2026