City of Houston Code of Ordinances

Sec. 8-92.  Licensing requirements.

In order to obtain a body shop facility with storage privileges license, the applicant must demonstrate:

(1)   That on the premises where the licensed facility will be situated, the applicant operates a body shop that is operationally equipped with one or more frame machines, an estimating system, two or more fully equipped body repair bays and one or more city permitted vehicle paint booths, which equipment shall be situated within enclosed structures.

(2)   That the licensed facility may not derive more than 25 percent of all income from fees charged specifically for storage of vehicles on the premises.

(3)   That, in addition to the vehicle storage area required under item (5), below, the operator has, upon the premises, not less than five parking spaces for every 1,000 square feet of gross floor area, as required for an auto repair establishment under chapter 26 of this Code.

(4)   That the premises abuts a major thoroughfare and will take access to the premises for all purposes relating to the operation of the body shop and the storage of vehicles from the major thoroughfare.

(5)   That the premises has an enclosed all-weather-improved surface parking area not larger than seven and one-half marked parking spaces per 1,000 square feet of gross floor area, measured and construed in the same manner provided in chapter 26 of this Code, that will be utilized as its vehicle storage area. The area shall be enclosed in the same manner described in section 8-30(e) of this Code, provided that if the premises abuts any deed restricted property and the deed restrictions require a particular type of fence, then the fence shall also conform to the style required in the abutting property's deed restrictions. The vehicle storage area shall be located on the same tract or parcel of land where the body shop is situated or a contiguous tract or parcel of land. For this purpose, "contiguous" shall include an abutting tract or parcel and shall also include a tract or parcel that is situated directly across the major thoroughfare from which the body shop takes it access. For these purposes, the term directly across means that 50 percent or more of the tract frontages on the opposite sides of the major thoroughfare are parallel.

(6)   That signs are conspicuously posted at each public entrance to the premises setting forth the hours of operation and the amount of any daily vehicle storage fee imposed.

Sec. 8-93.  Operating requirements.

(1)   No vehicle may be stored without the owner's consent, which shall be evidenced either by an auto wrecker tow slip signed by the owner or operator of the vehicle designating the licensed premises as the intended tow destination or by a vehicle work order or repair contract executed by the owner of the vehicle that provides for repair of the vehicle at the premises. The tow slip or contract shall evidence the date of receipt of the vehicle at the premises.

(2)   No vehicle shall be stored unless it has in display Texas registration and vehicle inspection stickers that are current or not more than two months expired, or equally current operating documentation if the vehicle is registered in another jurisdiction.

(3)   No vehicle shall be stored except in the storage enclosure described in section 8-92(5) of this Code, nor shall the number of vehicles stored exceed the number of authorized storage spaces.

(4)   Within 30 days from the date of its receipt, each vehicle stored shall either be removed from the premises or be brought into an enclosed body shop structure for the commencement of repairs and may not be returned to outside storage until all body work is completed. In the event that the owner does not remove the vehicle as required under this item, the body shop facility with storage privileges license holder shall cause the vehicle to be timely removed to a city-licensed private storage lot operating under article III of this chapter or a state-licensed vehicle storage facility. A daily log of vehicles received and removed shall be maintained to evidence compliance with this item.

(5)   The operator of the body shop facility with storage privileges may, but shall not be obligated to, impose a fee of not more than $11.00 per calendar day, or any portion of a calendar day, for storage services. No additional fee may be imposed for preservation, notices or other services related to the storage services.

(6)   The owner of each vehicle stored hereunder shall be notified of the applicable terms and conditions relating to storage periods and fees, including the amount of the storage fees that may be imposed, the requirement that the vehicle may not be stored on the premises for more than 30 days, the destination to which it will be taken if not timely removed, the amount of any additional towing fee that may be imposed for the removal and that the vehicle will be subject to additional fees and sale pursuant to state law if not timely redeemed from the place to which it will be removed. The notice shall be in a form approved by the police chief or his designee, shall set forth the above information and shall be mailed to the registered owner of record within five days from the date of the receipt of the vehicle, provided that the notice shall not be required to be mailed if the owner has, within five days following receipt of the vehicle on the premises, executed a work order or repair contract that includes the required notice information.