D.C. Mun. Regs. tit. 16, r. 16-3631

Current through Register Vol. 71, No. 44, November 1, 2024

Rule 16-3631 - PUBLIC HEALTH NUISANCES AND RODENT CONTROL INFRACTIONS

3631.1

Violations of any of the following provisions shall be a Class 3 Infraction:

(a) Failing to submit required documentation to the Department in violation of 25-I DCMR §§ 207.4(a)(1) through (3);

(b) Failing to comply with a Notice to Abate Violation or other directives issued by the Department to cleanup or remove environmental conditions on private property, residential and commercial property as specified in 25-I DCMR §§ 204.1(b) and (c), and § 204.2;

(c) Failing to comply with a Notice to Abate Violation or other directives issued by the Department to cleanup or remove environmental conditions, or reduce or eliminate rodent activity or rodent harborage conditions on multi-residential properties, or apartment buildings consisting of four (4) or more units, or commercial properties as specified in 25-I DCMR §§ 206.1(b) and (c), and § 206.2;

(d) Failing to obtain Department of Health's Approval for the Issuance of a DCRA Raze Permit in violation of 25-I DCMR § 207.7;

(e) Failing to maintain a record of all completed corrective actions in violation of 25-I DCMR § 207.8;

(f) Failing to comply with directives issued by the Mayor or his or her designated agent for the demolition or removal of an in sanitary or unsafe building, or part thereof, other than a fence or shed in violation of 25- I DCMR § 207.9; or

(g) Failure of a property owner or his agent or representative and the lessee or occupant of any such vessel, premises, grounds, structure, or building, or part thereof, and every person having the care and management thereof to provide a Department representative access during hours of operation or other reasonable times as determined by the Department; or hindering, obstructing, or in any way interfering with any inspector or authorized Department personnel in the performance of his or her duty in violation of 25-I DCMR § 301.3.

3631.2

Violations of any of the following environmental conditions, organic decay, and nuisance odors shall be a Class 3 Infraction:

(a) Failing to abate filth on their property in violation of 25- I DCMR §§ 200.1(a) and 203.1(a);

(b) Failing to abate the contents of cesspools on their property in violation of 25-I DCMR §§ 200.1(b) and 203.1(a);

(c) Failing to abate offal on their property in violation of 25- I DCMR §§ 200.1(c) and 203.1(a);

(d) Failing to abate solid waste on their property in violation of 25- I DCMR §§ 200.1(d) and 203.1(a);

(e) Failing to abate foul water on their property in violation of 25- I DCMR §§ 200.1(e) and 203.1(a);

(f) Failing to abate refuse from factories, warehouses, or commercial operations on their property in violation of 25-I DCMR §§ 200.1(f) and 203.1(a);

(g) Failing to abate construction and demolition waste on their property in violation of 25-I DCMR §§ 200.1(g) and 203.1(a);

(h) Failing to abate ordure on their property in violation of 25- I DCMR §§ 200.1(h) and 203.1(a);

(i) Failing to abate urine on their property in violation of 25- I DCMR §§ 200.1(i) and 203.1(a); or

(j) Failing to compost decayed animal or vegetable matter in accordance with the Home Composting Incentives Amendment Act of 2018, effective July 17, 2018 (D.C. Law 22-146; D.C. Official Code § 8-1031.12 b (2019 Supp.)) in violation of 25-I DCMR §§ 200.1(j) and 203.1(a).

3631.3

The following rodent activity shall be a Class 3 Infraction:

(a) Failing to inspect property for rodent activity in violation of 25- I DCMR §§ 201.3(a) and 203.1(b);

(b) Failing to remove dead rodents, in violation of 25-I DCMR §§ 201.3(b) and 203.1(b); or

(c) Failing to obtain a D.C. licensed and certified pest exterminator to treat rodent burrows on the property in violation of 25-I DCMR §§ 201.3(c) and 203.1(b).

3631.4

The following rodent harborage conditions shall be a Class 3 Infraction:

(a) Failing to inspect property for conditions that could support rodent harborage before transferring or changing the property's occupancy in violation of 25-I DCMR § 202.1;

(b) Failing to prevent grass or weed growth at eight inches (8") or higher on public or private property, in accordance with Section 908(a) of the Rodent Control Act of 2000, effective October 19, 2000 (D.C. Law 13-172; D.C. Official Code § 8-2103.05(a) (2013 Repl.)), not including "critical areas" designated by the Department of Energy and Environment pursuant to Section 202 of the Fisheries and Wildlife Omnibus Amendment Act of 2016, effective May 19, 2017 (D.C. Law 21-282; D.C. Official Code § 8-1731.02 (2019 Supp.)), in violation of 25-I DCMR §§ 202.2(a) and 203.1(c);

(c) Allowing spillage from outdoor receptacles or waste handling units such as collection vehicles to remain on the property in violation of 25- I DCMR §§ 202.2(b) and 203.1(c);

(d) Accumulating trash, animal fecal matter, discarded items and furniture, boxes, tires, vehicles, or construction materials on the property in violation of 25-I DCMR §§ 202.2(c) and 203.1(c);

(e) Accumulating trash, debris, discarded or unnecessary items on public property, such as tree beds, alleyways, or roadways in violation of 25-I DCMR §§ 202.2(d) and 203.1(c);

(f) Accumulating trash, debris, discarded or unnecessary items on any part of private property, including porches, basement well areas, yard areas, or other exterior areas in violation of 25-I DCMR §§ 202.2(e) and 203.1(c);

(g) Accumulating trash, debris, discarded or unnecessary items on any part of private property adjacent to public or private property, such as garages, driveways, or other exterior areas in violation of 25- I DCMR §§ 202.2(f) and 203.1(c);

(h) Storing pet food or bird feed in containers that are not rodent-proof or leaving uneaten pet food or bird feed in a quantity that is more than necessary to sustain the life of the animal being fed in violation of 25- I DCMR §§ 202.2(g) and 203.1(c);

(i) Placing refuse in plastic bags outside of container to store and dispose of solid waste other than yard waste in violation of 25- I DCMR §§ 202.2(h) and 203.1(c);

(j) Improperly storing debris, solid waste, food waste, or grease receptacles outdoors in violation of 25-I DCMR §§ 202.2(i) and 203.1(c);

(k) Storing debris, solid waste, food waste, or grease outdoors in residential receptacles that are accessible to rodents and other pests in violation of 25-I DCMR §§ 202.2(j) and 203.1(c);

(l) Storing debris, solid waste, food waste, or grease in outdoor receptacles that are not rodent proof, as defined in Section 9901 of these regulations, due to damaged or improper construction in violation of 25-I DCMR §§ 202.2(k) and 203.1(c);

(m) Storing debris, solid waste, food waste, or grease in outdoor receptacles that are not rodent proof, as defined in Section 9901 of these regulations, due to improper maintenance in violation of 25-I DCMR §§ 202.2(l) and 203.1(c);

(n) Storing food waste or grease in outdoors receptacles that are not rodent proof, with tight fitting lids, doors, or covers, as defined in Section 9901 of these regulations in violation of 25-I DCMR §§ 202.2(m) and 203.1(c);

(o) Storing food waste outdoors in receptacles that are not durable, cleanable, insect and rodent proof, leak proof, and nonabsorbent, as defined in Section 9901 of these regulations in violation of 25- I DCMR §§ 202.2(n) and 203.1(c);

(p) Storing food waste outdoors in unprotected plastic bags and paper bags, or baled units that contain materials with food residue in violation of 25- I DCMR §§ 202.2(o) and 203.1(c);

(q) Storing debris, solid waste, food waste, or grease outdoors in waste receptacles that do not have drain plugs in place in violation of 25- I DCMR §§ 202.2(p) and 203.1(c);

(r) Maintaining an insufficient number of waste receptacles to properly store the amount of debris, solid waste, food waste, or grease being generated in violation of 25-I DCMR §§ 202.2(q) and 203.1(c);

(s) Storing debris, solid waste, food waste, or grease on an outdoor surface that is not constructed of nonabsorbent material such as concrete or asphalt in violation of 25-I DCMR §§ 202.2(r) and 203.1(c);

(t) Storing debris, solid waste, food waste, or grease on an outdoor surface that is not smooth, durable and sloped to drain in violation of 25- I DCMR §§ 202.2(s) and 203.1(c);

(u) Using an outdoor storage or enclosure area that is not constructed of durable and cleanable materials to store debris, solid waste, food waste, or grease in violation of 25-I DCMR §§ 202.2(t) and 203.1(c);

(v) Using an outdoor storage or enclosure area that lacks sufficient capacity to hold debris, solid waste, food waste, or grease being stored in violation of 25-I DCMR §§ 202.2(u) and 203.1(c);

(w) Using an on-site compactor that is not installed flushed with the base pad under the unit that does not provide easy access to effectively clean around the unit in violation of 25-I DCMR §§ 202.2(v) and 203.1(c);

(x) Storing discarded or unnecessary items in outdoor storage or enclosure areas in violation of 25-I DCMR §§ 202.2(w) and 203.1(c);

(y) Soiled waste receptacles not cleaned on a regular basis to prevent the development of buildup of waste matter or from becoming an attractant to insects and rodents in violation of 25-I DCMR §§ 202.2(x) and 203.1(c); or

(z) Not using regularly scheduled pickups to remove debris, solid waste, food waste, or grease from the property at a frequency that minimizes the development of objectionable odors and other conditions that attract or harbor insects and rodents in violation of 25-I DCMR §§ 202.2(y) and 203.1(c).

3631.5

Violations of any provision of the District's Public Health Nuisances and Rodent Control Regulations (Title 25-C DCMR), which is not cited elsewhere in this section, shall be a Class 4 infraction.

D.C. Mun. Regs. tit. 16, r. 16-3631

Final Rulemaking published at 52 DCR 5045 (May 27, 2005); as amended at 53 DCR 9008 (November 3, 2006); as amended by Notice of Final Rulemaking published at 58 DCR 5687 (July 8, 2011); amended by Final Rulemaking published at 67 DCR 881 (1/31/2020)

Authority: The Director of the Department of Health, pursuant to the authority set forth in § 104(a)(1) of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code § 2-1801.04(a)(1) (2006 Repl.)); § 908(d) of the Rodent Control Act of 2000, effective October 19, 2000 (D.C. Law 13-172; D.C. Official Code § 8-2103.05(d) (2008 Repl.)); and Mayor's Order 2001-21, dated February 2, 2001.