Section 12-A115. UNSAFE STRUCTURES AND EQUIPMENT

Strike Chapter 1 of the International Building Code in its entirety and insert the following in its place to read as follows:

 

115.1 Conditions.  All buildings or other structures or existing equipment that are or hereafter become abandoned, deteriorated, unsafe, unsanitary, or deficient because of inadequate means of egress facilities, inadequate light and ventilation, or which constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or that involve illegal or improper use, or occupancy or inadequate maintenance, shall be deemed an unsafe condition.  Unsafe structures shall be taken down and removed or made safe and secure, as the code official deems necessary pursuant to this section or pursuant to other laws, including, but not limited to, D.C. Official Code §§ 42-3131.01 et seq. (2012 Repl.) or 42-3171.01 et seq. (2012 Repl.) and D.C. Official Code §§ 6-801 et seq. (2012 Repl.).  A vacant building, unguarded or open at door or window, shall be deemed a fire hazard and unsafe within the meaning of the Construction Codes.

 

115.1.1 Prohibited Entry.  When a vacant building or other structure is deemed to be unsafe, pursuant to Section 115.1, the code official shall cause to be posted at each entrance to such building or other structure a notice that the structure is unsafe and that its use or occupancy has been prohibited.  It shall be unlawful for any person to enter such building or other structure except for the purpose of making the required repairs or demolishing it.  

 

115.2 Examination and Record of Damaged Structure.  The code official shall examine every premises, including any building or other structure, reported as dangerous, unsafe structurally, or constituting a fire hazard, and shall maintain a record of unsafe premises, including any buildings or other structures, stating the use of the structure, and the nature and estimated amount of damages, if any, caused by collapse or failure.

 

115.3 Notice of Unsafe Structure or Equipment.  If any unsafe condition is found, the code official shall serve a written notice that describes the condition, identifies the structure or equipment deemed unsafe, and specifies the required repairs or improvements to be made to abate the unsafe condition or requires the unsafe structure to be taken down and removed within a stipulated time.

 

115.4 Method of Service.  The code official shall effect service of a notice under this section by one of the following methods:

 

1.Personal service on the owner, the owner’s agent or the person in control of the structure;

 

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 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 person or business to be notified 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 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 person or business to be notified; or

 

5.If the notice 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.

 

115.5 Disregard of Unsafe Notice.  The notice of unsafe structure shall require the person served with the notice to comply with the requirements of the order to abate the unsafe condition within a specified time.  Upon the refusal or neglect of the person served with an unsafe notice to comply with the requirements of the order to abate the unsafe condition, the code official may notify the Office of the Attorney General for the District of Columbia of all the facts and may request initiation of appropriate legal action to compel compliance with the order or pursue any other remedies authorized by law or regulation.

 

115.5.1 Costs of abatement.  Where the owner, operator or occupant of a premises, including any buildings, other structures, or equipment, deemed unsafe by the code official fails to abate such unsafe condition following notice as prescribed in Section 113, the code official may cause such condition to be corrected and assess the costs of any corrective action, and all expenses incident thereto, as a tax against the property in accordance with Section 113.5. Nothing herein shall be deemed to preclude or negate any other penalties or remedies set forth in Section 113, or to preclude conversion of a special assessment lien to an administrative judgment, enforceable in the same manner as any other civil judgment under District of Columbia law, as authorized by D.C. Official Code § 42-3131.01.

 

115.6 Other Laws.  The provisions of this Section 115 shall not be deemed to nullify any other provisions of local law governing removal, demolition or repair of unsafe structures, including, but not limited to, the provisions of D.C. Official Code §§ 6-801 et seq. (2012 Repl.), D.C. Official Code §§ 42-3131.01 et seq. (2012 Repl.) or 42-3171.01 et seq. (2012 Repl.), and 14 DCMR § 115.

 

115.6.7 Special Provisions Applicable to Residential Premises. 

 

115.6.7.1 Copies of Notices and Orders.  The code official shall provide tenants of residential premises with copies of notices and orders issued pursuant to Section 115 in accordance with Section 113.2.1.3.  The code official shall not be subject to any other tenant notification provisions, except as expressly set forth in Section 113.2.1.3.

 

115.6.7.2 Building Closures.  The code official is authorized to order tenants or occupants of residential premises to vacate the premises within a time sufficient to allow the owner to comply with an order to close and barricade the premises, provided that tenants shall be given at least five calendar days to vacate the premises.  If any tenant or occupant fails to vacate the premises within the time period set forth in the notice or order, subject to the appeal provisions of Section 112.2.3, the code official is authorized to order the removal of the tenants or occupants.

 

115.6.7.3 Other Rental Housing Provisions.  The removal of tenants from unsafe residential premises, or the service of an order to vacate, pursuant to this Section 115 shall not be considered an eviction or notice to vacate under D.C. Official Code § 42-3505.01.  Notwithstanding the foregoing, nothing herein shall be construed to nullify or abrogate any other rights to which a tenant is entitled under District laws or regulations, including relocation assistance, the right to reoccupy the rental unit following rehabilitation, or the right to pursue rights and remedies under D.C. Official Code, Title 42, Chapter 34.

 

 

authority

Section 10 of the Construction Codes Approval and Amendments Act of 1986 (Act), effective March 21, 1987 (D.C. Law 6-216; D.C. Official Code § 6-1409 (2012 Repl.)) and Mayor’s Order 2009-22, dated February 25, 2009, as amended.

source

Final Rulemaking published at 61 DCR 2782 (March 28, 2014 – Part 2).

EditorNote

The District of Columbia Building Code (2013), referred to as the “Building Code,” consists of the 2012 edition of the International Building Code as amended by the District of Columbia Building Code Supplement (2013)(12 DCMR A). The International Building Code is copyrighted by the International Code Council and therefore is not republished here. However, a copy of the text may be obtained at:http://publicecodes.cyberregs.com/icod/ibc/2012/index.htm?bu=IC-P-2012-000001&bu2=IC-P-2012-000019.