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Ordinance Guide - Deed Restriction Affadavit

 

Deed Restriction Affidavit

Sec. 1-11. Affidavit for permits, licenses, etc.
(a) A license, permit or certificate issued pursuant to this Code or any other code or ordinance of the city authorizing a person or persons to engage in a business, do anything, or for any other purpose whatsoever, shall not be issued unless the applicant for the permit, license, or certificate submits the following affidavit, acknowledging responsibility to comply with all deed restrictions and laws, regulations and ordinances, in connection with the requested permit, license, or certificate:
THE STATE 0F TEXAS § Deed Restriction
§ and Law Compliance
COUNTY OF HARRIS § Affidavit
Before me the undersigned authority on this day personally appeared ________________ (type or legibly print name of affiant) who being first duly sworn by me deposed and said:
I understand and agree that it is my responsibility to comply with all deed restrictions and city, state, and federal laws, regulations or ordinances concerning any activity authorized by the license, permit or certificate, requested in the application to which this affidavit appertains and concerning any land or place where such activities may be conducted.
I also understand and agree that the City of Houston, by issuing the license, permit or certificate for which I am applying, does not excuse or approve of any violation of deed restrictions, or of city, state or federal laws, regulations or ordinances and that the license, permit or certificate will be void in the event that it is issued in violation thereof.
I fully understand that if the permit, license or certificate for which I am applying is issued, the City of Houston or any other appropriate entity may institute legal proceedings against me if I violate any deed restriction, or any city, state or federal law, regulation or ordinance.
To the extent that this affidavit is made on behalf of a corporation or for the benefit of any persons other than myself I certify that I have fully advised them of the content of this affidavit and that I am duly authorized to execute the same as the act and deed of the applicant or persons.
To certify which, witness my hand and seal of office this ________ day of _________, 19________.
__________
Notary public in and for
the State of Texas
My Commission expires:
_________
(b) Each city permit, license or certificate shall include the following statement in a conspicuous place:
The issuance of this permit, license or certificate does not constitute approval by the City of Houston for the violation of any deed restriction, or any city, state and federal laws, regulations, or ordinances. Each holder and other person acting under the authority of this permit, license or certificate is personally responsible for complying with deed restrictions and city, state and federal laws relating to the activity contemplated by this permit, license or certificate.
(c) The provisions of this section are applicable to original applications and renewal applications for permits, licenses and certificates. This section shall apply to all city permits, licenses or certificates issued pursuant to any ordinance except:
(1) Building permits for which an affidavit is required by section 10-3 of this Code;
(2) Certificates of occupancy for which an affidavit is required under section 10-3.1 of this Code;
(3) Modular home placement permits for which an affidavit is required under section 10-247 of this Code; and
(4) Manufactured home permits for which an affidavit is required under section 29-6 of this Code.
(Ord. No. 89-714, § 1, 5-17-89; Ord. No. 94-1268, § 4, 11-22-94; Ord. No. 05-91, § 1, 1-25-05)

Sec. 1-12. Late renewals of permits.
(a) In this section the following words shall have the meanings ascribed to them in this subsection unless the context of their usage clearly indicates another meaning:
Director means the department director of the city department that is responsible for the processing of the renewal of a permit.
Permit means a license, certificate, approval, registration, consent, permit or any other form of authorization required by law, regulation or ordinance for the operation of any business activity that is issued by any department of the city.
(b) Notwithstanding any other provision of law, a director shall accept and process a late filed application for the renewal of a permit if the application is filed or tendered for filing within the 30 day period following the last day otherwise authorized by law for filing of the renewal application and if the applicant demonstrates that the failure to timely file was based upon an error or misunderstanding and was not the result of a conscious indifference to the requirements for renewal.
(c) The provisions of this section shall not be construed to excuse compliance with any applicable requirement other than the filing date for a permit renewal, and the applicant shall be required to demonstrate compliance with all other requirements for renewal of the permit. A permit renewal issued under this section shall not be retroactive for the conduct of any business activity during the period of any lapse prior to the issuance of the renewal, and this section shall not be construed to excuse the conduct of any business activity without a current and valid permit.
(d) The refusal of a director to accept or process the filing of a late filed permit renewal application under this section shall be subject to appeal in the same manner provided by the law governing issuance of the permit.
(e) The provisions of this section shall not apply in any instance where the late filing or processing of the permit is prohibited by a state or federal law or regulation that supersedes the operation of this section.
(f) To the extent that any law regarding the issuance of a permit conditions the issuance of the permit upon the existence or nonexistence of another permit for a premises conducting the same or another activity within a specified proximity, a lapsed permit shall be considered to still exist during the grace period authorized under this section and until the resolution of any late renewal application that is filed under this section for the limited purpose of determining the existence of other permit holders in the processing of any application for an original permit.
(Ord. No. 95-868, § 1, 8-9-95)

Commentary

In un-zoned Houston, our city government is more concerned with deed restriction enforcement than most other municipalities. To obtain a building permit or life safety compliance certificate, you have to sign an affidavit stating that you are not violating any deed restrictions. Many managers are unaware of the existence of deed restrictions for their property, and face a dilemma each time they pull a permit. A copy of the deed restrictions should have been obtained with the deed when the property was purchased. Consult your attorney before signing if you are unsure about deed restrictions. You may also obtain a copy of your deed restrictions by contacting your County Clerk's office.