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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 12. CONSTRUCTION CODES SUPPLEMENT OF 2013 |
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SubTilte 12-A. BUILDING CODE SUPPLEMENT OF 2013 |
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Chapter 12-A1. ADMINISTRATION AND ENFORCEMENT |
Section 12-A113. VIOLATIONS AND INFRACTIONS
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Strike Chapter 1 of the International Building Code in its entirety and insert the following in its place to read as follows:
113.1 Unlawful Acts. It shall be unlawful for any person, firm, or corporation to erect, construct, alter, extend, repair, raze, demolish, use, or occupy any building or other structure or equipment regulated by the Construction Codes or Zoning Regulations, or cause same to be done, in conflict with or in violation of any of the provisions of the Construction Codes or Zoning Regulations.
113.2 Notice of Violation, Infraction, or Order. The code official is authorized to serve a notice of violation, notice of infraction, or order on the owner, operator, occupant or other person responsible, for the erection, construction, alteration, extension, repair, razing, demolition, use, or occupancy of a building or other structure in violation of the provisions of the Construction Codes or Zoning Regulations, or in violation of a plan approved thereunder, or in violation of a permit or certificate issued under the provisions of the Construction Codes or Zoning Regulations. A notice of violation or order shall direct the discontinuance of the illegal action or condition and/or the abatement of the violation. Notices or orders shall be in accordance with all of the following:
1. Be in writing.
2. Include a description of the real estate sufficient for identification.
3. Include a statement of the violation or violations, the code section(s) violated, and why the notice or order is being issued.
4. Include, if the notice or order affords an opportunity to abate a violation, a reasonable period of time to make the repairs and improvements required to bring the building, or other structure into compliance with the provisions of this code.
5. Include, if applicable, a specific time by which unsafe or imminently dangerous premises shall be closed, barricaded and/or vacated, or equipment placed out of service.
6.Inform the property owner of the right to appeal pursuant to Section 112.
7.Include a statement of the District of Columbia’s right to abate the violation without the owner’s consent if the owner fails to comply with the notice or order or to file a timely appeal, to assess the costs of such abatement against the owner and to place a tax lien on the property in accordance with Section 113.5 for the costs of such abatement.
113.2.1 Service of Notice of Violation or Order. A notice of violation or any other authorized notice or order, other than a notice of infraction, shall be served on the owner, operator, occupant or other person responsible for the condition or violation (the “respondent”) by any one of the following methods:
1.Personal service on the respondent or the respondent’s agent;
2.By electronic mail to the last-known electronic mail address of the person or business to be notified, provided that a copy of the notice or order is posted in a conspicuous place in or about the structure affected by such notice;
3.Delivering the notice or order to the last known home or business address as identified by the tax records, the business license address, or the corporate registration address of the respondent or the respondent’s agent and leaving it with a person over the age of 16 years old residing or employed therein;
4.Mailing the notice or order, via first class mail postage prepaid, at least 10 days prior to the date of the proposed action, to the last known home or business address, as identified by the tax records address, the business license address or the corporate registration address, of the respondent or respondent’s agent; or
5.If the notice or order is returned as undeliverable by the Post Office authorities, or if no address is known or can be ascertained by reasonable diligence, by posting a copy of the notice or order in a conspicuous place in or about the structure affected by such notice.
113.2.1.1 Respondent’s Agent. For the purposes of this section, respondent’s agent shall mean a general agent, employee, registered agent or attorney of the respondent.
113.2.1.2 Stop Work Orders. Service of stop work orders shall be made as set forth in Section 114.
113.2.1.3 Special Provisions for Residential Premises. Where a notice or order is issued to the owner of a residential premises with respect to a dwelling unit occupied by a tenant, the code official shall provide such tenant with a copy of the notice or order. This requirement will be satisfied by mailing a copy to the tenant by first-class mail, leaving a copy at the tenant’s residence or any other reasonable method in the code official’s discretion.
113.2.1.3.1 Notification for multiple tenants. In any instance where a notice or order affects more than one tenant of a residential building or dwelling, including notices or orders involving common space, the code official shall post a copy of any notice or order issued to the owner pursuant to Section 113.2 for a reasonable time in one or more locations within the building or buildings in which the violation exists. The locations for posting the notification shall be reasonably selected to give notice to all tenants affected. Any tenant directly affected by the violation(s) shall, upon request to the code official, be sent a copy of the posted notification.
113.2.1.3.1.1 Building Closures. Where the code official (a) issues an order or notice to close and barricade a residential structure or dwelling unit, pursuant to Section 115, or (b) posts a closure or imminently dangerous order or notice pursuant to Section 116, in addition to posting the notice or order as provided in Section 113.2.1.3.1, the code official shall provide a copy of the notice or order to each tenant affected by the notice or order by leaving a copy at each dwelling unit or any other reasonable method in the code official’s discretion.
113.2.1.3.2 Exclusivity of tenant notice provisions. The code official shall not be subject to any other tenant notification provisions, except as expressly set forth in this Section 113.2.
113.2.1.4 Notices of Infraction. Notices of infraction shall be issued in accordance with the procedures and fine amounts set forth in Section 201 of the Civil Infractions Act and Title 16 of the DCMR.
113.2.2 Requirement to Abate Illegal Activity or Nuisance. A notice of violation or order shall direct the discontinuance of the illegal action or condition and/or abatement of the violation.
113.2.3 Failure to Provide a Notice of Violation. Issuance of a notice of violation pursuant to this section, prior to taking other enforcement action, is at the discretion of the code official. Failure to give a notice of violation shall not be a bar or a prerequisite to any criminal prosecution, civil action, corrective action or civil infraction proceeding based upon a violation of the Construction Codes.
113.2.4 Notice of Infraction. A notice of infraction shall be issued in accordance with Section 201 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 § 2-1802.01 (2012 Repl.)) (“Civil Infractions Act”) and shall impose a fine for the alleged violation.
113.2.5 Additional Requirements for Closure of Residential Premises. Where the code official (a) issues an order or notice to close and barricade a residential structure or dwelling unit, pursuant to Section 115, or (b) posts a closure or imminently dangerous order or notice pursuant to Section 116, the following additional provisions shall apply.
1. The notice or order shall specify a date by which tenants or occupants of the structure or unit are required to vacate the structure or unit.
2. The notice or order shall include a statement informing tenants or occupants of the structure or unit of the right to appeal pursuant to Section 112.2, including, where applicable, the right to an expedited hearing pursuant to Section 112.2.3.
3. A copy of the notice or order shall be provided to tenants in accordance with Section 113.2.1.3.
4.The notice or order shall provide contact information for the Office of the Tenant Advocate.
113.3 Prosecution or Adjudication of Violation. If a notice of violation or order is not complied with promptly, the code official may request the Office of the Attorney General for the District of Columbia to institute the appropriate proceedings at law or in equity to prosecute, restrain, correct, or abate such violation, or to require the removal or termination of the unlawful use of the building or other structure in violation of the provisions of the Construction Codes or the Zoning Regulations or of the order or direction made under the Construction Codes or the Zoning Regulations.
113.4 Criminal Prosecution. Pursuant to D.C. Official Code § 6-1406 (2012 Repl.), any person who violates a provision of the Construction Codes or fails to comply with any of the requirements thereof or who erects, constructs, razes, demolishes, alters, or repairs a building or other structure in violation of an order of the code official issued under the authority of the Construction Codes, or in violation of a permit or certificate including the approved plans issued under the provisions of the Construction Codes, shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than two thousand dollars ($2,000), or by imprisonment not exceeding 90 days, or both, for each offense. Each day a violation continues shall be deemed a separate offense.
113.5 Abatement of Violation. The imposition of penalties prescribed in this section shall not preclude the Office of the Attorney General for the District of Columbia from instituting appropriate action to prevent unlawful construction or to restrain, correct, or abate a violation, or to prevent illegal occupancy of a premises, including any building or other structure, or to stop an illegal act, conduct, business, or use of a premises, including any building or other structure. Nor shall the imposition of penalties prevent the Department from undertaking abatement or corrective actions under other statutes and regulations, including but not limited to D.C. Official Code § 42-3131.01 et seq. (2012 Repl.). The costs of any corrective action, and all expenses thereto, shall be assessed as a tax against the property on which the violating condition existed, and such tax shall be carried on the regular tax rolls of the District, and collected in the same manner as general taxes in the District are collected.
113.6 Civil Infractions. Pursuant to D.C. Official Code § 6-1406 (2012 Repl.), civil fines, penalties, and fees may be imposed as additional sanctions to criminal prosecution or other civil action, for any infraction of the provisions of the Construction Codes or Zoning Regulations, or any orders, rules, or regulations issued under the authority of the Construction Codes pursuant to the Civil Infractions Act. Adjudication of any infraction of the Construction Codes or Zoning Regulations shall be pursuant to the Civil Infractions Act, D.C. Official Code §§ 2-1801.01 et seq. (2012 Repl.)).
113.7 Illegal Construction. Without limiting any of the penalties or remedies for violations of the Construction Codes, or the Department’s enforcement authority set forth in this Section 113 or elsewhere, if a building or other structure or part thereof is being erected, constructed reconstructed converted or altered, or has been erected, constructed, reconstructed, converted, or altered in violation of the Construction Codes or the Zoning Regulations, said actions shall constitute illegal construction, and the code official is authorized to order ongoing work to stop and that the condition be corrected within a specified time frame deemed reasonable by the code official. Service of the order shall be made in accordance with Section 113.2.1.
113.7.1 Civil Fines. Notwithstanding the issuance of a stop work order or an order to correct, relating to the illegal construction, the code official is authorized to issue civil fines pursuant to Section 113.6 of the Building Code, and each day thereafter a violation goes unabated shall be considered a separate offense. Upon adjudication of the civil fines provided for in this section, the code official is authorized to assess any unpaid fines as a tax against the property on which the violation occurred, and to carry such tax on the regular tax rolls of the District and collect such tax in the same manner as general taxes.
113.7.2 Fire Safety Hazard; Public Hazard. Should the code official deem the condition to be a fire safety hazard or otherwise constitute a hazard to the public, the code official is authorized pursuant to D.C. Official Code § 42-3131.01(c) (2012 Repl.) to cause such condition to be corrected, to assess the cost of correcting such condition and all expenses incident thereto, including fees or charges authorized or imposed in the Building Code, as a tax against the property on which such condition existed or from which such condition arose, as the case may be, and to carry such tax on the regular tax rolls of the District and collect such tax in the same manner as general taxes.
113.8 Injunction to Restrain Use of a Building in Violation of Construction Codes. The Mayor may file a petition with the Superior Court of the District of Columbia for an injunction to restrain the use or occupancy of any building, other structure, or part thereof, in violation of any of the provisions of the Construction Codes or the Zoning Regulations.
113.9 Transfer of ownership. It shall be unlawful for the owner of any building or other structure upon whom a notice of violation or order has been served to sell, transfer, mortgage, lease or otherwise dispose of such building or other structure to another person or entity until the provisions of the notice or order have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any notice or order issued by the code official and shall furnish to the code official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such notice or order and fully accepting responsibility without condition for making the corrections or repairs required by such notice or order.