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

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

Rule 12-G107 - APPEALS

Strike Section 107 of the International Property Maintenance Code in its entirety and insert new Section 107 in the Property Maintenance Code in its place to read as follows:

107.1

Appeal of a Final Decision of the Code Official based on Alleged Violations of the Property Maintenance Code. Any person directly affected or aggrieved in a materially adverse manner by a final decision or order of the code official issued under the Property Maintenance Code is authorized to appeal that final decision or order, or any portion thereof, that is based upon the Property Maintenance Code, by filing an appeal with the Office of the Administrative Hearings ("OAH").

Exception: In situations where the owner has waived the right to an administrative hearing pursuant to Section 302.4.3.

107.1.1

Procedural Requirements. The appeal shall be filed within ten (10) business days after the date the appellant had notice or knowledge of the decision, or reasonably should have had notice or knowledge of the decision, whichever is earlier. The appeal shall specify the specific provisions of the Property Maintenance Code or the rules legally adopted thereunder that the appeal alleges the code official incorrectly interpreted or applied, and shall provide evidence to support an allegation, if part of the appeal, that the requirements of the Property Maintenance Code are adequately satisfied by other means.

107.1.2

Scope of OAH Review. In reviewing an appeal based in whole or in part on a technical determination or interpretation by the code official, OAH shall have no authority to waive requirements of the Property Maintenance Code and shall not overrule the code official's technical determination or interpretation unless that determination or interpretation is determined by OAH to be arbitrary or capricious.

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 code official's determination that the premises are unsafe or unfit for occupancy, requiring a building closure under the provisions of Section 108, was arbitrary and capricious;

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 was arbitrary and capricious.

107.2

Request for Expedited Hearing of Building Closure Pursuant to Section 108 by Tenant or Occupant of Rental Unit. Where a notice or order to close or vacate a building with rental units is issued pursuant to Section 108, a tenant or occupant of a rental unit affected by such notice or order 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 notice or order for tenants or occupants to vacate the premises;

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 these 72-hour periods, weekends and legal holidays shall be excluded.

107.2.1

Additional Provisions Applicable to Buildings with Residential Units.

Nothing herein shall be construed to authorize an expedited hearing for any orders or notices issued, or actions taken, pursuant to Section 109. Appeal of a notice or order under Section 108 to close or vacate a building with rental units, or a request for an expedited hearing pursuant to Section 107.2 shall not preclude the code official from issuing a notice or order pursuant to Section 109 for the same premises, or any portion thereof, while such appeal or hearing is pending.

107.3

Stay of Enforcement. Appeals of notices or orders issued by the code official pursuant to Section 106 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; and

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 107.2.

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

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