D.C. Mun. Regs. tit. 12, r. 12-G107

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 12-G107 - NOTICE AND ORDERS

Strike Chapter 1 of the International Property Maintenance Code in its entirety and insert new Chapter 1 in the Property Maintenance Code in its place to read as follows:

107.1

Notice to owner or to person or persons responsible. In addition to other penalties authorized by statute or regulation, whenever the code official determines that there has been a violation of the Property Maintenance Code or has grounds to believe that a violation has occurred, the code official is authorized to serve one or more of the following notices or orders, which may impose a fine or other penalty, on an owner or the person or persons responsible therefore:

1. A notice of violation;

2. A notice of infraction;

3. A combined notice of violation and notice of infraction; or

4. Any other order or notice authorized to be issued by the code official.

107.1.1

Applicable procedures. Service of a notice of violation or any other authorized notice or order, other than a notice of infraction, shall be in the manner prescribed in Sections 107.2 and 107.3, except as otherwise provided herein. Notices of infraction shall be issued in accordance with the procedures and fine amounts set forth in Section 201 of the Civil Infractions Act and Title 16 of the DCMR.

107.1.2

Code official discretion. Issuance of a notice of violation, notice of infraction, or combined notice of violation and notice of infraction pursuant to this section, prior to taking other enforcement action, is at the discretion of the code official. Failure to issue a notice of violation, notice of infraction, or combined notice of violation and notice of infraction shall not be a bar or a prerequisite to criminal prosecution, civil action, corrective action, or civil infraction proceeding based upon a violation of the Property Maintenance Code.

107.1.3

Historic Preservation. Additional notice procedures may apply to historic buildings pursuant to D.C. Official Code §§ 6-801et seq. (2012 Repl.).

107.2

Form of notice or order. Notices or orders issued under the Property Maintenance Code must:

1. Be in writing;

2. Include the name and address of the person or entity being cited;

3. Include a description of the real estate sufficient for identification;

4. Include a statement of the violation or violations, the code section(s) violated and why the notice or order is being issued;

5. Include, if the notice or order affords an opportunity to abate a violation, a reasonable period of time by which the required repairs and improvements must be made;

6. Include, if applicable, a specific time by which unsafe or imminently dangerous premises shall be closed, barricaded and/or vacated, or equipment placed out of service;

7. Include a statement informing the property owner of the right to appeal pursuant to Section 107.8; and

8. Include a statement of the District of Columbia's right in accordance with Section 106.5 to abate the violation without the owner's consent if the owner fails to comply with the notice or order or to file a timely appeal, to assess the costs of such abatement against the owner, and to place a tax lien on the property for the costs of such abatement.

107.2.1

Special notice provisions for residential premises. Where the code official (a) issues a notice or order to close and barricade a residential structure or dwelling unit, pursuant to Section 108.3, or (b) posts a closure or imminently dangerous notice or order pursuant to Section 109.1.1, the following additional provisions shall apply:

1. The notice or order shall specify a date by which tenants or occupants of the structure or unit are required to vacate the structure or unit;

2. The notice or order shall include a statement informing tenants or occupants of the structure or unit of the right to appeal pursuant to Section 107.8, including, where applicable, the right to an expedited hearing pursuant to Section 107.8.2;

3. A copy of the notice or order shall be provided to tenants in accordance with Section 107.7; and

4. The notice shall provide contact information for the Office of the Tenant Advocate.

107.3

Method of service of notices and orders. The code official shall effect service of any notice or order (except notices of infraction) upon the property owner or person(s) responsible for the violation or violations by one of the following methods, any of which shall be deemed proper service:

1. Personal service on the property owner or persons responsible, or the agents thereof; or

2. By electronic mail to the last-known electronic mail address of the person or business to be notified, provided that a copy of the notice or order is posted in a conspicuous place in or about the structure or premises affected by such notice; or

3. Delivering the notice to the last known home or business address of the property owner or persons responsible as identified by the tax records, business license records, or corporate registration records, and leaving it with a person over the age of 16 years old residing or employed therein; or

4. Mailing the notice, via first class mail postage pre-paid, to the last known home or business address of the property owner or persons responsible or the agents thereof as identified by the tax records, business license records or corporate registration records; or

5. If the notice is returned as undeliverable by the Post Office authorities, or if no address is known or can be ascertained by reasonable diligence, by posting a copy of the notice in a conspicuous place in or about the structure or premises affected by such notice.

107.4

Unauthorized tampering. Signs, placards, tags, or seals posted or affixed by the code official shall not be mutilated, destroyed, obstructed or tampered with, or removed without authorization from the code official.

107.5

Penalties. Penalties for noncompliance with the Property Maintenance Code shall be as set forth in Section 106.

107.6

Transfer of ownership. It shall be unlawful for the owner of any dwelling unit or structure upon whom a notice of violation or order has been served to sell, transfer, mortgage, lease or otherwise dispose of such dwelling unit or structure to another person or entity until the provisions of the notice or order have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any notice or order issued by the code official and shall furnish to the code official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such notice or order and fully accepting the responsibility without condition for making the corrections or repairs required by such notice or order.

107.7

Copy of notices and orders. After an inspection of a dwelling unit occupied by a tenant, the code official shall provide the tenant with a copy of any notice or order with respect to that unit issued to the owner pursuant to the Property Maintenance Code. This requirement will be satisfied by mailing a copy to the tenant by first-class mail, leaving a copy at the tenant's residence or any other reasonable method in the code official's discretion.

107.7.1

Notification for multiple tenants. In any instance where a violation or violations of the Property Maintenance Code involve more than one tenant of a residential building or dwelling, including violations involving common space, the code official shall post a copy of any notice or order issued to the owner pursuant to Section 107 for a reasonable time in one or more locations within the building or buildings in which the deficiency exists. The locations for posting the notification shall be reasonably selected to give notice to all tenants affected. Any tenant directly affected by the violation(s) shall, upon request to the code official, be sent a copy of the posted notification.

107.7.1.1

Building closures. Where the code official (a) issues an order or notice to close and barricade a residential structure or dwelling unit, pursuant to Section 108, or (b) posts a closure or imminently dangerous order or notice pursuant to Section 109, in addition to posting the notice or order as provided in Section 107.7.1, the code official shall provide a copy of the notice or order to each tenant affected by the notice or order by leaving a copy at each dwelling unit or any other reasonable method in the code official's discretion.

107.7.2

Tampering with notification. No person shall alter, modify, destroy, obstruct or otherwise tamper with or mutilate a notification posted under Section 107.7.1 or Section 107.3.

107.7.3

Exclusivity of tenant notice provisions. The code official shall not be subject to any other tenant notification provisions, except as set forth in this Section 107.

107.8

Appeal and hearing. Any person directly affected by a notice or order issued under this Property Maintenance Code shall have the right to appeal to the Office of Administrative Hearings (OAH). Except where an expedited hearing is requested pursuant to Section 107.8.2, the OAH appeal shall be filed within 10 business days after the date the person appealing the decision of the code official had notice or knowledge of the decision, or should have had notice or knowledge of the decision, whichever is earlier. The appeal shall specify that the Property Maintenance Code or the rules legally adopted thereunder have been incorrectly interpreted or applied by the code official, the provisions of the Property Maintenance Code do not fully apply, or the requirements of the Property Maintenance Code are adequately satisfied by other means. OAH shall have no authority to waive requirements of the Property Maintenance Code.

Exceptions:

1. OAH review of a notice or order to close or vacate residential premises issued pursuant to Section 108 shall be based solely on the issue of whether the premises are unsafe or unfit for occupancy requiring a building closure under the provisions of Section 108.

2. OAH review of a notice or order to close or vacate residential premises issued pursuant to Section 109 shall be based solely on the issue of whether the code official's building closure decision comported with Section 109.1.

3. Where the owner waives the right to an administrative hearing pursuant to Section 302.4.2.1.

107.8.1

Stay of enforcement. Appeals of notices or orders shall stay the enforcement of the notice or order until the appeal is heard by OAH.

Exceptions:

1. Closure or imminent danger notices or orders issued pursuant to Section 109, and related orders to vacate premises; or

2. Closure notices or orders issued pursuant to Section 108, and related orders to vacate premises, except where the tenant or occupant has requested an expedited OAH hearing in accordance with Section 107.8.2.

107.8.2

Expedited OAH hearing for Section 108 closure orders. Where a notice or order to close or vacate a residential premises is issued pursuant to Section 108, a tenant or occupant of the premises affected by the closure has a right to request an expedited hearing by OAH prior to the closure subject to the following requirements:

1. The tenant or occupant shall file the request for an expedited hearing with OAH no later than the date specified in the closure order for tenants or occupants to vacate the structure or unit;

2. OAH review shall be based solely on the issue of whether the premises are unsafe or unfit for occupancy requiring a building closure under the provisions of Section 108 of the Property Maintenance Code;

3. Enforcement of the closure notice or order shall be stayed until OAH issues a written decision; and

4. OAH shall hold a hearing within 72 hours of receipt of a timely request, and shall issue a decision within 72 hours after the hearing. For purposes of computing the 72 hour period, weekends and legal holidays shall be excluded.

Nothing herein shall be construed to authorize an expedited hearing for any notices or orders issued, or actions taken, pursuant to Section 109.

107.8.3

Section 109 closure or imminently dangerous orders and notices. Appeal of a closure notice or order issued pursuant to Section 108, or a request for an expedited hearing pursuant to 107.8.2, shall not preclude the code official from issuing a notice or order pursuant to Section 109 for the same premises or structure, while such appeal or hearing is pending.

D.C. Mun. Regs. tit. 12, r. 12-G107

Final Rulemaking published at 61 DCR 3196 (March 28, 2014 - Part 2); as corrected by Errata Notice published at 61 DCR 5246 (May 23, 2014)

The District of Columbia Property Maintenance Code (2013), referred to as the "Property Maintenance Code," consists of the 2012 edition of the International Property Maintenance Code, published by the International Code Council (ICC), as amended by the District of Columbia Property Maintenance Code Supplement (2013) (12 DCMR G). The International Property Maintenance Code is copyrighted by the ICC and therefore is not republished here. However, a copy of the text may be obtained at: http://publicecodes.cyberregs.com/icod/ipmc/2012/index.htm?bu=IC-P-2012-000006&bu2=IC-P-2012-000019.

Authority: Section 10 of the Construction Codes Approval and Amendments Act of 1986 (Act), effective March 21, 1987 (D.C. Law 6-216; D.C. Official Code § 6-1409 (2012 Repl.)) and Mayor's Order 2009-22, dated February 25, 2009, as amended.