D.C. Mun. Regs. tit. 12, r. 12-G302

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

Rule 12-G302 - EXTERIOR PROPERTY AREAS

Strike Section 302.1 of the International Property Maintenance Code in its entirety and insert a new Section 302.1 into the Property Maintenance Code in its place to read as follows:

302.1

Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition. Without limiting the generality of the foregoing, the accumulation of trash on a premises shall constitute an unsanitary and unhealthy condition if it creates a:

1. Harbor or concealment (including hiding places for persons);

2. Harbor or refuge for snakes, rodents, or other vermin, including rats and mice;

3. Noxious or unpleasant odor; or

4. Fire hazard.

Strike Section 302.4 of the International Property Maintenance Code in its entirety and insert a new Section 302.4 into the Property Maintenance Code in its place to read as follows:

302.4

Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of 8 inches (203 mm). All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation other than trees or shrubs; provided, however, that this term shall not include cultivated flowers and gardens.

Upon failure of the owner or agent having charge of a property to cut and destroy weeds or vegetative growth (as described below) after service of a notice of violation, the owner shall be subject to prosecution in accordance with Section 106.3 and as prescribed by D.C. Official Code § 42-3131.01 (2012 Repl.). Upon failure to comply with the notice of violation, any duly authorized employee of the District of Columbia or contractor hired by the District of Columbia shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property.

302.4.1

Vegetative growth. The following types of vegetative growth are prohibited regardless of height:

1.Vegetative growth that is untended;

2. Shrubbery that is a detriment to the health, safety, or welfare of the public;

3.Vegetative growth that creates a harbor or concealment, including hiding places for persons and harbors or concealments for refuse or trash;

4.Vegetative growth that harbors, or provides a refuge for, snakes, rodents, or other vermin, including rats and mice;

5.Vegetative growth that creates an unpleasant or noxious odor;

6.Vegetative growth that constitutes a fire hazard;

7.Vegetative growth that creates a breeding place for mosquitoes; and

8.Vegetative growth that is dead or diseased.

Exceptions:

1. Weeds, grasses, or other vegetation planted for agricultural use, if such weeds, grasses or vegetation are located at least 150 feet (45.72 m) from property zoned for nonagricultural use.

2. Healthy plants, grasses, or shrubbery intended grounds, gardens, or landscape designed yards, which exceed 8 inches (203 mm) in height.

302.4.2

Written consent of owner. The owner of the premises may give written consent to the Mayor or the Mayor's designee authorizing the removal of trash or the mowing of weeds or grass pursuant to a notice of violation requiring abatement of a prohibited condition. By giving such written consent, the owner waives the right to an administrative hearing challenging the Mayor's abatement actions.

302.4.3

Summary abatement during the same growing season. If the owner of any premises has been served with a notice of violation under Section 302.4, in accordance with the procedures set forth in Sections 107.2 and 107.3, but fails to comply with the terms of the notice of violation, the District of Columbia government may summarily abate the violating condition during the same growing season in which the notice of violation was issued without issuance of another notice.

D.C. Mun. Regs. tit. 12, r. 12-G302

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