D.C. Municipal Regulations (Last Updated: September 13, 2017) |
Title 11. ZONING REGULATIONS OF 2016 |
SubTilte 11-Y. BOARD OF ZONING ADJUSTMENT RULES OF PRACTICE AND PROCEDURE |
Chapter 11-Y5. PRE-HEARING AND HEARING PROCEDURES: ZONING APPEALS |
Section 11-Y505. NOTICE OF PUBLIC HEARING: CIVIL INFRACTION APPEALS
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505.1 Not less than forty (40) days before the public hearing, the Director shall provide notice of the public hearing by:
(a) Publishing the notice in the D.C. Register;
(b) Providing a copy of the notice of public hearing to the appellant;
(c) Providing a copy of the notice of public hearing to the Administrative Law Judge; and
(d) Posting in the Office of Zoning the schedule of cases to be heard by the Board on the public hearing date.
505.2 The notice of a public hearing on a civil infraction appeal shall include:
(a) The case number of the civil infraction appeal;
(b) The name of the appellant;
(c) The citation to the legal authority pursuant to which the appeal has been filed;
(d) The administrative action appealed from;
(e) The square(s) and lot(s) and/or street address of the property that is the subject of the appeal; and
(f) The location, date, and time of the public hearing.
505.3 A technical defect in the notice of public hearing that is minor in nature shall not deprive the Board of jurisdiction over the case. If a defect in the notice is alleged and proven, the Board may determine whether to postpone, continue, or hold the public hearing as scheduled based on the following considerations:
(a) The nature and extent of the actual notice received by the parties and the public from all sources;
(b) Attendance or lack thereof at the public hearing; and
(c) The nature and extent of the construction and/or use involved in the appeal.