D.C. Mun. Regs. tit. 16, §§ 16-4301

Current through Register Vol. 71, No. 49, December 6, 2024

Section 16-4301 - ADDITIONAL ADMINISTRATIVE PROCEDURES: VIOLATIONS RELATED TO UNLAWFUL OCCUPATION OF THE PUBLIC SPACE

4301.1

Notwithstanding 16 DCMR § 3102, the Director may affect service of a Notice of Infraction (NOI) for a violation of 24 DCMR §225.1, regarding the unlawful occupation of public space, by affixing the notice to the property unlawfully occupying public space or to a conspicuous location adjacent to the property if the Director is unable, after reasonable effort, to determine the identity or location of the owner of the private property.

4301.2

In addition to the information listed in 16 DCMR §3101.3, the NOI for a violation of 24 DCMR §225.1, regarding the unlawful occupancy of public space by private property, shall contain the following information:

(a) A statement that the respondent's conduct violating the applicable law or regulation must cease, or a statement that the respondent must take action to correct the violation;

(b) The date and time by which the respondent must cease the violating conduct or take the corrective action; and

(c) A statement that if the respondent fails to comply with the notice or request a hearing within the stated time, the Director may:

(1) Remove and dispose of property unlawfully occupying public space and repair damage to the public space caused by the violation;

(2) Take action to protect the public from the effects and potential effects of the violation; and

(3) Recover three (3) times the cost and expense of removing and disposing of property unlawfully occupying the public space, repairing any damage to the public space caused by the violation, and taking action to protect the public from the effects and potential effects of the violation.

4301.3

An NOI issued under this section shall be deemed final if the respondent does not comply with the notice or by requesting a hearing by the date and time stated on the notice.

4301.4

If the respondent has taken no action after the NOI has been deemed final, the Director may:

(a) Remove and dispose of property unlawfully occupying public space and repair damage to the public space caused by the violation;

(b) Take action to protect the public from the effects and potential effects of the violation; and

(c) Recover three (3) times the cost and expense of removing and disposing of property unlawfully occupying public space, repairing any damage to the public space caused by the violation, and taking action to protect the public from the effects and potential effects of the violation.

4301.5

The Director shall store private property removed from the public space pursuant to 16 DCMR §4301.2(c)(1) of this section for at least fifteen (15) days after the service of the notice.

4301.6

If the Director takes action pursuant to 16 DCMR §4301.4, the Director shall serve a notice on the respondent describing the action that was taken. If property was removed from the public space, the notice shall describe the method by which the respondent may recover the property and the deadline by which the respondent must recover the property.

4301.7

A respondent who fails to reclaim the removed property by the date set forth in the notice shall be entitled to recover the fair market value of the property, if the Director has sold or otherwise disposed of the property, provided that:

(a) The respondent has timely requested a hearing;

(b) The administrative law judge dismisses the notice or order, or finds no violation; and

(c) The respondent establishes the property's fair market value by a preponderance of the evidence.

4301.8

For the purposes of 16 DCMR §4301.7(c), the price paid by a good faith purchaser other than the respondent shall establish a rebuttable presumption of the property's fair market value. The respondent shall in no event be entitled to recover an amount greater than the price paid by the purchaser.

D.C. Mun. Regs. tit. 16, §§ 16-4301

Final Rulemaking published at 70 DCR 3090 (3/10/2023)