D.C. Mun. Regs. tit. 12, r. 12-G106

Current through Register Vol. 71, No. 36, September 6, 2024

Rule 12-G106 - VIOLATIONS, REMEDIES, PENALTIES AND OTHER ENFORCEMENT ACTIONS

Strike Section 106 of the International Property Maintenance Code in its entirety and insert new Section 106 in the Property Maintenance Code in its place to read as follows:

106.1

Unlawful acts. It shall be unlawful for any person to be in conflict with or in violation of any of the provisions of the Property Maintenance Code or a notice or order of the code official issued under the authority of the Property Maintenance Code. Any person engaging in or causing unlawful acts, including a tenant, shall be subject to penalties as prescribed by law, including but not limited to those set forth in Section 106.2.

106.1.1

Continuing violations. Each day that a violation continues shall, for purposes of criminal prosecutions (Section 106.2 (7)) and civil fines (Section 106.2(8)), be considered a separate offense.

106.1.2

Housing business license. The violation of any of the provisions of the Property Maintenance Code may be grounds for denial, suspension or revocation of any housing business license or license endorsement under Chapter 28 of Title 47 of the D.C. Official Code and/or the Housing Code, Title 14 DCMR.

106.2

Code official authority. Whenever the code official has reasonable grounds to believe that a violation of the Property Maintenance Code exists, he or she is authorized to take the following actions either singly or in combination, in addition to imposing any other remedies, penalties or other enforcement methods otherwise available to the code official in the Property Maintenance Code or otherwise:

Institute the appropriate proceeding at law or in equity to prosecute, restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the premises in violation of the provisions of the Property Maintenance Code or of any order or direction made pursuant thereto;

1. Issue a notice of violation, which may afford the person responsible for the correction of the violation an opportunity to abate the violation;

2. Issue a notice of infraction, assessing a fine for the infraction;

3. Issue a combined notice of violation and notice of infraction;

4. Issue an order requiring a deposit of collateral for uncorrected violations;

5. Effect summary correction of the violation, or demolition of the structure, as authorized by law;

6. Refer the property to the Board of Condemnation of Insanitary Buildings ("BCIB") for condemnation proceedings pursuant to D.C. Official Code §§ 6-902et seq. (2018 Repl.); or

7. Issue any other order or notice authorized to be issued by the code official.

106.2.1

Deposit of collateral. The code official is authorized to require a deposit of collateral as directed, from an owner or person(s) responsible for uncorrected violations of the Property Maintenance Code where a notice or order has been issued for the violation, reinspection indicates that the violation has not been corrected, and no appeal from the notice or order is pending. The collateral amount shall be based on the reasonable estimated cost of labor and materials to correct the violation. The code official is authorized to draw down on the collateral deposited to cover the costs of summary abatement.

106.3

Enforcement methods. The code official is authorized to use any of the methods set forth in the Property Maintenance Code or in other District of Columbia laws and regulations, singly or in combination, to enforce compliance with the Property Maintenance Code, 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. Notices of Violations or Orders directing the discontinuance of an unlawful action or condition and/or the abatement of the violation;

2. Notices of Unsafe or Emergency Conditions, and Building Closure Orders (Sections 108 and 109);

3. Penalties pursuant to D.C. Official Code § 6-1406 (2012 Repl.);

4. Injunctive relief pursuant to D.C. Official Code § 6-1407 (2018 Repl.);

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

6. 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, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code §§ 2- 1801.01 et seq. (2016 Repl.)); Section 7 of the Construction Codes Approval and Amendments Act of 1986, effective March 21, 1987 (D.C. Law 6-216; D.C. Official Code § 6-1406 (2018 Repl.)); and Title 16 DCMR Chapters 31-34;

7. 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.)), 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.)); and

8. Suspension, restriction or revocation of a license issued by the Department to a housing business licensee.

106.4

Notices and orders. The code official is authorized to issue all necessary notices or orders to ensure compliance with (1) the Property Maintenance Code and other laws or regulations enforced by the Department, and (2) notices or orders of the code official issued pursuant to the Property Maintenance Code and other laws or rules enforced by the Department.

106.4.1

Unauthorized tampering. A sign, placard, tag, seal or other notice posted or affixed by the code official (collectively referred to as a "posted notice") shall not be mutilated, destroyed, obstructed or tampered with, or removed without authorization from the code official. The owner of the premises posted with the posted notice, or the owner's agent, shall promptly notify the Department if the posted notice has been removed, damaged or obstructed so the posted notice can be reposted.

106.5

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 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 to require the termination of the unlawful use or occupancy of the premises in violation of the provisions of the Property Maintenance Code or of an order or direction made under the Property Maintenance Code. The imposition of any remedies, penalties or enforcement actions authorized in the Property Maintenance Code 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.

106.6

Abatement of violation by Department. The imposition of any remedies, penalties or enforcement actions authorized by Section 106, other provisions of the Property Maintenance Code, or other laws a nd regulations of the District of Columbia, shall not preclude or prevent the Department from undertaking abatement or corrective actions as authorized by the Property Maintenance Code or by any other statutes and regulations, including, but not limited to, D. C. Official Code §§ 42-3131.01 et seq. (2012 Repl.). Th e 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. 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 of abatement for purposes of this section shall also include costs that could otherwise be recouped pursuant to D.C. Official Code §§ 42-3531.01et seq. (2012 Repl.).

106.7

Collection of unpaid civil fines. See D.C. Official Code § 2-1802.03 (2016 Repl.).

106.8

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 is sue 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 Property Maintenance Code.

106.9

Requirements for Form and Content of Notices or Orders.

106.9.1

Notice of Unsafe Condition. See Section 108.3.

106.9.2

Notice of Emergency Condition; Order to Vacate Premises. See Sections 109.1.1 and 109.1.2.

106.9.3

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

106.9.4

Other Notices and Orders. Notices or orders issued by the code official, except for those covered by Sections 106.4.1 through 106.4.5, shall:

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 Property Maintenance Code;

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 107; and

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 106 for the costs of such abatement.

106.10

Service of Notices and Orders.

106.10.1.

Notice of Unsafe Condition. See Section 108.3.

106.10.2

Notice of Emergency Condition; Order to Vacate Premises. See Sections 109.1.1 and 109.1.2.

106.10.3

Notices of Infraction. See D.C. Official Code § 2-1802.05 (2016 Repl. ).

106.10.4

Other Notices and Orders. A notice of violation or any other authorized notice or order not covered by Sections 106.10.1 through 106.10.3 shall be served on the owner, operator, tenant, occupant, 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. Delivering the notice or order by electronic mail with confirmation of delivery to the last electronic mail address provided to the Department by the respondent or respondent's agent as identified by the corporate registration records or business license records;

3. Delivering the notice or order to the last known home or business address of the respondent or respondent's agent as identified by the permit application, the tax records, or business license records, and leaving it with a person of suitable age and discretion present at the time at the home or business address;

4. Mailing the notice or order, via first class mail postage prepaid, 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 tax records, the 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.

106.10.4.1

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.

106.11

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, or any other reasonable method in the code official's discretion.

106.11.1

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 106 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.

106.11.2

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 106.11.

106.11.3

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 108, or

(b) posts a notice of emergency condition pursuant to Section 109 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 107.2, including, where applicable, the right to an expedited hearing pursuant to Section 107.2.3;

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; and

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

106.11.4

Tampering with notification. See Section 106.4.1.

106.12

Transfer of ownership. It shall be unlawful for the owner of any premises or portion thereof, upon whom 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 the owner, to another person until:

(1) the provisions of the notice or order have been complied with, 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. tit. 12, r. 12-G106

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