Section 12-G106. VIOLATIONS AND INFRACTIONS

 

Strike Chapter 1 of the International Property Maintenance Code in its entirety and insert new Chapter 1 in the Property Maintenance Code in its place to read as follows:

 

106.1 Unlawful acts.  It shall be unlawful for a person, firm or corporation to be in conflict with or in violation of any of the provisions of the Property Maintenance Code.

 

106.2 Notice of violation or order. Service of a notice of violation or order shall be in accordance with Section 107.

 

106.3 Code official authority. Whenever the code official has reasonable grounds to believe that a violation of the Property Maintenance Code exists, he or she is authorized to take the following actions either singly or in combination, in addition to imposing any other remedies or penalties otherwise available to the code official in the Property Maintenance Code or otherwise:

 

1. Institute the appropriate proceeding at law or in equity to prosecute, restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of the Property Maintenance Code or of the order or direction made pursuant thereto;

 

2. Issue a notice of violation, which may afford the person responsible for the correction of the violation an opportunity to abate the violation;

 

3.Issue a notice of infraction, assessing a fine for the infraction;

 

4.Issue a combined notice of violation and notice of infraction;

 

5.Issue an order requiring a deposit of collateral for uncorrected violations;

 

6. Effect summary correction of the violation, or demolition of the structure, as authorized by law;

 

7.Refer the property to the Board of Condemnation of Insanitary Buildings (BCIB) for condemnation proceedings pursuant to D.C. Official Code §§ 6-902 et seq. (2012 Repl. & 2013 Supp.); or

 

8. Issue any other order or notice authorized to be issued by the code official.

 

106.4 Violation fines and penalties.  Any person who violates a provision of the Property Maintenance Code, or fails to comply therewith or with any of the requirements thereof, shall be subject to the penalties established hereafter and shall be subject to prosecution.  In the event of any failure to comply with any provision of the Property Maintenance Code following service of a notice of violation or order in accordance with Section 107, each and every day such violation continues shall constitute a separate offense.

 

106.4.1 Penalty.  Any person who violates any of the provisions of the Construction Codes or orders issued under the authority of the Construction Codes, shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than $2,000, or by imprisonment not exceeding 90 days, or both, for each such offense.  Each day a violation continues shall be deemed a separate offense.  Prosecutions pursuant to this section shall be brought in the name of the District of Columbia by the Attorney General for the District of Columbia.  

 

106.4.2 Additional penalties.  Civil fines, penalties, and fees may be imposed, in addition to other available remedies, for any infraction of the provisions of the Construction Codes, including the provisions of the Property Maintenance Code, pursuant to 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 §§ 2-1801 et seq. (2012 Repl.)) (“Civil Infractions Act”).  Violation of the provisions of the Property Maintenance Code shall be deemed a strict liability offense for which a fine may be imposed pursuant to the Civil Infractions Act and Title 16 of the DCMR.  Adjudication of any infraction shall be pursuant to the Civil Infractions Act.

 

106.4.3 Culpability.  Any person, including a tenant, who causes a violation of the Property Maintenance Code, is subject to the same penalties as those provided in Section 106.4.

 

106.4.4 Separate offenses.  The penalties prescribed in Section 106.4 shall be applicable to each separate offense.

 

106.4.5 Housing business license.  The violation of any of the provisions of the Property Maintenance Code may be grounds for denial, suspension or revocation of any housing business license or license endorsement under Chapter 28 of Title 47 of the D.C. Official Code and/or the Housing Code, Title 14 DCMR.

 

106.5 Abatement of violation.  Notwithstanding any other penalties or remedies set forth in Section 106.4, where any person violates a provision of the Property Maintenance Code, or fails to comply therewith or with any of the requirements thereof, following notice as prescribed in Section 107 of this chapter, the code official may cause such condition to be corrected.  The costs of any corrective action, and all expenses incident thereto, shall be deemed a special assessment and shall be assessed as a tax against the property on which the violating condition existed, bear interest and be collected in the same manner as delinquent general taxes in the District are collected, in accordance with D.C. Official Code § 47-1205 (2012 Repl.).  Nothing herein shall be construed to abolish or impair existing remedies relating to abatement of nuisance property, including, but not limited to, Chapters 31 and 31A of Title 42 of the D.C. Official Code, 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 (2012 Repl.).

 

106.6 Deposit of collateral. The code official is authorized to require a deposit of collateral as directed, from an owner or person(s) responsible, for uncorrected violations of the Property Maintenance Code where a notice or order has been issued for the violation, reinspection indicates that the violation has not been corrected, and no appeal from the notice or order is pending. The collateral amount shall be based on the reasonable estimated cost of labor and materials to correct the violative condition. The code official is authorized to draw down on the collateral deposited to cover the costs of summary abatement.

 

 

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 3196 (March 28, 2014 – Part 2); as corrected by Errata Notice published at 61 DCR 5246 (May 23, 2014).

EditorNote

The District of Columbia Property Maintenance Code (2013), referred to as the “Property Maintenance Code,” consists of the 2012 edition of the International Property Maintenance Code, published by the International Code Council (ICC), as amended by the District of Columbia Property Maintenance Code Supplement (2013) (12 DCMR G). The International Property Maintenance Code is copyrighted by the ICC and therefore is not republished here. However, a copy of the text may be obtained at: http://publicecodes.cyberregs.com/icod/ipmc/2012/index.htm?bu=IC-P-2012-000006&bu2=IC-P-2012-000019.