D.C. Mun. Regs. tit. 16, §§ 16-4302

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

Section 16-4302 - ADDITIONAL ADMINISTRATIVE PROCEDURES: SUMMARY REMOVAL OF PROPERTY UNLAWFULLY OCCUPYING PUBLIC SPACE

4302.1

In a case where the unlawful occupation of public space presents an actual or potential hazard to public safety, the Director may, without providing advance notice to the owner:

(a) Remove and dispose of the 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.

4302.2

Within 14 days after removing the property, the Director shall serve an NOI on the owner of the property in a manner prescribed in 16 DCMR §3102.1; provided, that if the owner of the property cannot be identified by the Director after reasonable effort, the Director may effect service by affixing an NOI to a conspicuous location adjacent to the location where the property was located and posting the information regarding the notice on DDOT's website.

4302.3

In addition to the information required by 16 DCMR §3101.3, an NOI issued under this section shall provide the following information:

(a) A description of the action taken by the Director;

(b) A statement that the respondent has a right to request an expedited hearing by requesting an expedited hearing in writing within five (5) days after service of the notice pursuant to § ;

(c) The method by which the respondent may recover the removed property; and

(d) The deadline by which the respondent must recover the property.

4302.4

If a respondent requests an expedited hearing, the Office of Administrative Hearings shall conduct the hearing within seventy-two (72) hours after receipt of the request.

4302.5

Property removed from public space pursuant to this section shall be stored for at least thirty (30) days after service of notice.

4302.6

Property that has not been recovered by the date set in the notice may be sold or disposed of by the Director, in accordance with reasonable business practice.

4302.7

A respondent who seeks to reclaim the property after it has been sold or disposed by the Director shall be entitled to recover the fair market value of the property if:

(a) The respondent timely requests 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.

4302.8

For purposes of 16 DCMR § (c), if the property is sold by the Director pursuant to 16 DCMR § 4302.6, 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, §§ 16-4302

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