D.C. Mun. Regs. r. 12-A115
Strike Section 116 of the International Building Code in its entirety and insert new Section 115 in the Building Code in its place to read as follows:
Unsafe Conditions. All premises or equipment thereon that are or hereafter become abandoned, deteriorated, unsafe, unsanitary, or deficient because of inadequate means of egress facilities, inadequate light and ventilation, or which constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or that involve illegal or improper use or occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe conditions shall be removed or made safe and secure, as the code official deems necessary pursuant to this section or pursuant to other laws, including, but not limited to, D.C. Official Code §§ 42-3131.01et seq. (2012 Repl. & 2019 Supp.), D.C. Official Code §§ 42-3171.01et seq. (2012 Repl. & 2019 Supp.), or D.C. Official Code §§ 6-801et seq. (2018 Repl.). In addition, unsafe conditions shall include those referenced in Section 108 of the Property Maintenance Code. A vacant premises, unguarded or open at door or window, shall be deemed a fire hazard and unsafe within the meaning of the Construction Codes.
Examination and Record of Unsafe Premises. The code official shall examine every premises reported as dangerous, unsafe structurally, or constituting a fire hazard, and shall maintain a record of those premises where the code official finds an unsafe condition.
Posting of Notice of Unsafe Condition. Where the code official finds an unsafe condition, as defined in Section 115.1, the code official shall post a notice of unsafe condition on the premises where the unsafe condition exists. The code official shall have discretion to post the notice of unsafe condition in the location or locations that the code official deems necessary to warn persons that access to, or use or occupancy of, the premises is restricted.
Access to Posted Premises. The notice of unsafe condition posted in accordance with Section 115.3 shall specify whether entry, use and/or occupancy of the posted premises, or a portion thereof, is prohibited by the code official. Entry, use and/or occupancy of the posted premises shall be at the discretion of the code official, subject as applicable to the requirements for closure of buildings with rental units set forth in Sections 113.2.5 and 115.8.
Compliance with Posted Notice. Entry, use and/or occupancy of a premises or portion thereof in violation of the terms of a posted notice of unsafe condition shall be unlawful.
Unauthorized Removal or Obstruction of Posted Notice. Unauthorized removal or obstruction of a posted notice of unsafe condition is a violation of the Construction Codes, and is subject to the penalties provided in Section 113 and D.C. Official Code § 6-1406 (2018 Repl.) and the injunctive relief se t out in D.C. Official Code § 6-1407 (2018 Repl.). The owner of the premises posted with a notice of unsafe condition, or the owner's agent, shall promptly notify the Department if the posted notice has been removed, damaged or obstructed so the notice can be reposted.
Remedial Notices or Orders Relating to Unsafe Condition. In addition to posting of a notice in accordance with Section 115.3, where the code official finds an unsafe condition, the code official is authorized to issue a notice or order to require the owner of the premises to make the premises safe and secure or to remove the unsafe condition as the code official deems necessary. The notified person shall employ sufficient means to comply with the notice as expeditiously as can be done.
Content and Service of Remedial Notices or Orders. The remedial notices or orders specified in Section 115.4 shall comply with the procedures set forth in Sections 113.4.6, 113.5.5 and 113.6.
Disregard of Remedial Notice or Order Upon the refusal or neglect of the person served with a remedial notice or order pursuant to Section 115.4 to comply with the requirements of the notice or order to abate or remove the unsafe condition, the code official is authorized to pursue any penalties or remedies authorized by law or regulation, including, but not limited to, abatement of the unsafe condition by the code official or referral to the Office of the Attorney General for appropriate legal action to compel compliance.
Abatement by Code Official. Where the person notified of an unsafe condition pursuant to Section 115.4 fails to abate or remove such unsafe condition, the code official is authorized to cause such condition to be corrected and assess the costs of any corrective action, and all expenses incident thereto, as a tax against the property on which the violating condition existed, and such tax shall be carried on the regular tax rolls of the District, and collected in the same manner as general taxes in the District are collected. Costs shall include, but not be limited to, all expenses incurred for or necessitated by any corrective action; costs of inspectors, testing agencies or experts retained; costs of testing or surveying; costs of mailings, postings and recordings; and costs of attorney's fees expended for recovering the costs of the corrective action or to obtain or enforce a related order.
Remedies Not Exclusive. Nothing herein shall be deemed to preclude or negate any other penalties or remedies set forth in Section 113, or to preclude conversion of a special assessment lien to an administrative judgment, enforceable in the same manner as any other civil judgment under District of Columbia law, as authorized by D.C. Official Code § 42-3131.01.
Other Laws. The provisions of this Section 115 shall not be deemed to nullify any other provisions of local law governing razing, demolition or repair of unsafe structures, including, but not limited to, the provisions of D.C. Official Code §§ 6-801et seq. (2018 Repl.) as amended, D.C. Official Code §§ 42-3131.01et seq. (2012 Repl. & 2019 Supp.) as amended, or D.C. Official Code §§ 42-3171.01et seq. (2012 Repl. & 2019 Supp.) as amended.
Special Provisions Applicable to Rental Units.
Copies of Notices and Orders. The code official shall provide tenants of rental units with copies of remedial notices and orders issued to the owner of the rental unit pursuant to Section 115.4 in accordance with Section 113.2.1.3. The code official shall not be required to provide tenants of rental units with copies of any other notices, orders or communications except as expressly required by set forth in Section 113.2.1.3.
Closures of Buildings with Rental Units. The code official is authorized to order tenants or occupants of rental units to vacate the premises within a time sufficient to allow the owner to comply with an order to close and barricade the premises. The notice or order shall include the time by which the premises must be vacated, provided that tenants and occupant s shall be given at least five calendar days to vacate, unless the code official determines that the tenants and occupants must leave the premises immediately for their personal safety.
If any tenant or occupant fails to vacate the premises within the time period set forth in the notice or order, subject to the appeal provisions of Section 112.2.3, the code official is authorized to order the removal of the tenants or occupants.
Other Rental Housing Provisions. The removal of tenants from rental units, or the service of an order to vacate pursuant to this Section 115, shall not be considered an eviction or notice to vacate under D.C. Official Code § 42-3505.01 (2012 Repl. & 2019 Supp.). Notwithstanding the foregoing, nothing herein shall be construed to nullify or abrogate any other rights to which a tenant is entitled under District laws or regulations, including relocation assistance, the right to reoccupy the rental unit following rehabilitation, or the right to pursue rights and remedies under D.C. Official Code, Title 42, Chapter 34.
D.C. Mun. Regs. r. 12-A115