D.C. Mun. Regs. r. 12-A113

Current through Register Vol. 71, No. 23, June 7, 2024

Rule 12-A113 - VIOLATIONS, REMEDIES, PENALTIES AND OTHER ENFORCEMENT ACTIONS

Strike Section 114 of the International Building Code in its entirety and insert a new Section 113 into the Building Code in its place to read as follows:

113.1

Unlawful Acts. It shall be unlawful for any person to erect, construct, alter, extend, repair, raze, demolish, use, or occupy any premises, or portion thereof, including any equipment thereon, regulated by the Construction Codes or Zoning Regulations, or cause same to be done, in conflict with or in violation of:

1. Any of the provisions of the Construction Codes or Zoning Regulation;

2. A notice or order of the code official issued under the authority of the Construction Codes or the Zoning Regulations; or

3. A permit or certificate, including the approved construction documents and approved amendments thereto, issued under the provisions of the Construction Codes or the Zoning Regulations.

Any person engaging in or causing unlawful acts as defined in Sections 113.1 and 113.1.1 shall be subject to penalties as prescribed by law, including but not limited to those set forth in Section 113.2.

113.1.1

Work Without a Permit. Work started or occurring without a permit where a permit is determined to be required under Section 105 shall be a violation of the Construction Codes.

113.1.2

Continuation of Unlawful Use. The continuation of occupancy or use of a premises, or portion thereof, contrary to the provisions of the Construction Codes or to the provisions of the Zoning Regulations, shall be a violation or infraction under the Construction Codes. The code official, as defined in Section 103.1, is authorized to issue a notice of violation and order requiring discontinuance of the use or occupancy, and the owner or other violator shall be subject to the penalties or fines prescribed in Section 113.

113.2

Enforcement Methods. The code official is authorized to use any of the methods set forth in the Construction Codes or in other District of Columbia laws and regulations, singly or in combination, to enforce compliance with the Construction Codes, the Zoning Regulations, other laws or regulations enforced by the Department, and notices or orders of the code official issued pursuant thereto, including, but not limited to, the following:

1. Stop Work Orders (Section 114);

2. Revocations of Permits and Certificates of Occupancy (Section 111);

3. Notices of Unsafe or Emergency Conditions and Building Closure Orders (Sections 115 and 116);

4. Notices of Violations or Orders directing the discontinuance of an unlawful action or condition and/or the abatement of the violation;

5. Penalties as set forth in D.C. Official Code § 6-1406 (2018 Repl.);

6. Injunctive relief as set forth in D.C. Official Code § 6-1407 (2018 Repl.);

7. Criminal prosecution pursuant to D.C. Official Code § 6-1406 (2018 Repl.);

8. Civil fines, penalties, and fees in addition to any other available remedies, for any infraction of the provisions of the Construction Codes or Zoning Regulations, or any orders, rules, or regulations issued under the authority of the Construction Codes, pursuant to the Civil Infractions Act, (D.C. Official Code §§ 2-1801.01et seq. (2016 Repl. & 2019 Supp.) as amended; D.C. Official Code § 6-1406 (2018 Repl.) as amended; and Title 16 DCMR, Chapters 31-34;

9. Actions pursuant to An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District, and for other purposes, approved April 14, 1906 (34 Stat. 114; D.C. Official Code §§ 42-3131.01et seq. (2012 Repl. & 2019 Supp.)), and the Due Process Demolition Act of 2002, effective April 19, 2002 (D.C. Law 14-114; D.C. Official Code §§ 42-3171.01et seq. (2012 Repl. & 2019 Supp.));

10. Suspension, restriction or revocation of licenses issued by the Department to the general contractor, contractor, construction manager, or referral to the Board having jurisdiction over a tradesperson, architect or engineer for suspension, restriction or revocation of a license or other appropriate disciplinary action; and

11. Disconnection of service utilities (Section 119.3).

113.3

Code Official Authority. The code official is authorized to issue all necessary notices or orders to ensure compliance with:

(1) the Construction Codes, the Zoning Regulations, and other laws or rules enforced by the Department;

(2) notices or orders of the code official issued pursuant to the Construction Codes, the Zoning Regulations, and other laws or rules enforced by the Department; and

(3)permits or certificates issued under the provisions of the Construction Codes or Zoning Regulations,including the approved construction documents and any approved amendments thereto.

113.3.1

Prosecution or Adjudication of Violation. The code official is authorized to institute, or to request the Office of the Attorney General for the District of Columbia to institute, as the case may be, the appropriate proceedings at law or in equity to prosecute, restrain, correct, or abate a violation, or to require the removal of a building or other structure, or the termination of the unlawful use or occupancy of a premises in violation of the provisions of the Construction Codes or the Zoning Regulations or of an order or direction made under the Construction Codes or the Zoning Regulations. The imposition of any remedies, penalties or enforcement actions authorized in the Construction Codes shall not preclude the Office of the Attorney General for the District of Columbia from instituting appropriate action to prevent unlawful construction or to restrain, correct, or abate a violation, or to prevent illegal occupancy of a premises, or to stop an illegal act, conduct, business, or use of a premises.

113.3.2

Continuing Violations. Each day a violation continues shall, for purposes of criminal prosecutions (Section 113.2(7)) and civil fines (Section 113.2(8)), be considered a separate offense.

113.3.3

Abatement of Violation by Department. The imposition of any remedies, penalties or enforcement actions authorized by Section 113, other provisions of the Construction Code, or other laws and regulations of the District of Columbia, shall not preclude or prevent the Department from undertaking abatement or corrective actions as authorized by the Construction Codes or by other statutes and regulations, including, but not limited to, the Nuisance Abatement Act, D.C. Official Code §§ 42-3131.01et seq. (2012 Repl. & 2019 Supp.). The code official is authorized to assess the costs of any abatement or corrective actions undertaken by the Department, and all expenses thereto as a tax against the property on which the violating condition existed, or from which such condition arose as the case may be, and such tax shall be carried on the regular tax rolls of t he District, and collected in the same manner as general taxes in the District are collected

113.3.4

Collection of Unpaid Civil Fines. See D.C. Official Code § 2-1802.03.

113.3.5

Notice of Violation Not a Prerequisite. Issuance of a notice of violation or order directing the discontinuance of an unlawful action or condition and/or the abatement or correction of a violation, prior to taking other enforcement action, is at the discretion of the code official. Failure to issue such notice of violation or order shall not be a bar or a prerequisite to any criminal prosecution, administrative proceeding, civil action, corrective action or civil infraction proceeding based upon a violation of the Construction Codes or the Zoning Regulations.

113.4

Requirements for Form and Content of Notices or Orders.

113.4.1

Stop Work Orders. See Section 114.2.

113.4.2

Revocations of Permits and Certificates. See Section 111.3.

113.4.3

Notice of Unsafe Condition. See Section 115.3 with the exception of remedial orders pursuant to Section 115.4.

113.4.4

Notice of Emergency Condition; Order to Vacate Premises. See Section 116.1.1 and 116.1.2

113.4.5

Notices of Infraction. See D.C. Official Code § 2-1802.01(b).

113.4.6

Other Notices and Orders. Notices or orders issued by the code official, except for those covered by 113.4.1 through 113.4.5, shall be in accordance with all of the following:

1. Be in writing.

2. Include a description of the premises subject to the notice or order sufficient for identification.

3. State the reason for the notice or order.

4. Identify 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 to make the repairs and improvements required to bring the premises or equipment thereon into compliance with the provisions of the Construction Codes.

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

7. Inform the owner of the right to appeal to OAH or BZA, as applicable, pursuant to Section 112.

8. Include a statement of the District of Columbia's right: to abate a specified violation without the owner's consent if the owner fails to comply with a notice or order directing the abatement of the violation 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 in accordance with Section 113.3.4 for the costs of such abatement.

113.5

Service of Notices and Orders.

113.5.1

Stop Work Orders. See Sections 114.3 and 114.4.

113.5.2

Notice of Unsafe Condition. See Section 115.3 with the exception of remedial orders pursuant to Section 115.4.

113.5.3

Notice of Emergency Condition; Order to Vacate Premises. See Sections 116.1.1 and 116.1.2

113.5.4

Notices of Infraction. See D.C. Official Code § 2-1802.05.

113.5.5

Other Notices and Orders. A notice of violation or any other authorized notice or order not covered by Sections 113.5.1 through 113.5.4, shall be served on the owner, operator, occupant, permit or certificate holder, or other person responsible for the unlawful act or condition (the "respondent") by any one of the following methods:

1. Personal service on the respondent or respondent's agent;

2. Delivery of the notice or order by electronic mail, with confirmation of delivery, to the electronic mail address provided to the Department by the respondent or respondent's agent, as required by Section 105.3.2, items (8) and (9). If the respondent has failed to comply with Section 105.3.4, service is deemed effective if made to the last known electronic mail address filed by the respondent or respondent's agent with the Department;

3. Delivery of the notice or order by hand to the last known home or business address of the respondent or respondent's agent as identified by the permit or certificate application, tax records, corporate registration records, or business license records, and leaving it with a person over the age of 16 years old present at the time at the home or business address;

4. Mailing the notice or order, via USPS first class mail postage prepaid or express mail, or by private delivery services (i.e., DHL Express, FedEx, UPS), at least five days prior to the date of the proposed action, to the last known home or business address of the respondent or respondent's agent as identified by the permit or certificate application, tax records, corporate registration records, or business license records; or

5. If the notice or order 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 or order in a conspicuous place in or about the premises affected by such notice or order.

6. Posting of a notice on property or on a building or portion of a building at, near or adjacent to the area identified as the subject of the violation. Pictures of the posting shall be maintained by the department and associated with the Notice of Violation.

113.5.5.1

Respondent's Agent. For the purposes of this section, respondent's agent shall include a general agent, employee, registered agent, or attorney of the respondent.

113.6

Additional Procedural Requirements Applicable to Premises With Rental Units. Where a notice or order is issued to the owner of premises with respect to a rental unit occupied by a tenant, the code official shall provide such tenant with a copy of the notice or order. This requirement will be satisfied by mailing a copy to the tenant by first-class mail, leaving a copy at the tenant's residence with a responsible individual at least 16 years of age present there, or any other reasonable method in the code official's discretion.

113.6.1

Premises With Multiple Rental Units. In premises with more than one rental unit, any instance where a notice or order affects the rental unit and/or common space of more than one tenant, the code official shall post a copy of any notice or order issued to the owner pursuant to Section 113 for a reasonable time in one or more locations on the premises where the violation 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.

113.6.2

Exclusivity of Tenant Notice provisions. The code official shall not be subject to any other tenant notification provisions, except as expressly set forth in Section 113.6.

113.6.3

Notices or Orders Requiring Closure of Premises With Rental Units. Where the code official (a) posts a notice of unsafe condition on a building with rental units that prohibits access to or occupancy of the premises or issues an order to close and barricade a building with rental units pursuant to Section 115, or (b) posts a notice of emergency condition pursuant to Section 116 on a building with rental units requiring tenants and occupants to vacate the premises, the following additional requirements shall apply:

1. The notice or order shall specify a date and time by which tenants or occupants of the rental units are required to vacate the premises.

2. The notice or order shall include a statement informing tenants or occupants of the rental units of the right to appeal pursuant to Section 112.2, including, where applicable, the right to an expedited hearing pursuant to Section 112.2.3.

3. The code official shall provide a copy of the notice or order to each tenant of the rental units 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.

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

113.7

Transfer of Ownership. It shall be unlawful for the owner of any premises or portion thereof, upon who m a notice of violation or order directing the discontinuance of an unlawful act or condition and/or the abatement or correction of a violation has been served, to sell, transfer, or otherwise dispose of such premises, or of a controlling interest in t he owner, to another person until (1) the conditions of the notice or order have been abated, or (2) such owner furnishes the buyer or transferee with a true copy of any notice or order issued by the code official and furnishes the code official with a signed and notarized statement from the buyer or transferee, acknowledging the receipt of such notice or order and fully accepting responsibility, without condition, for making the corrections or repairs required by such notice or order. Notwithstanding the foregoing, a sale, transfer or other disposition shall not relieve the owner upon whom the notice or order is served from liability for the unlawful act.

D.C. Mun. Regs. r. 12-A113

Final Rulemaking published at 67 DCR 5679 (5/29/2020)