Section 12-G108. UNSAFE STRUCTURES PREMISES AND EQUIPMENT

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:

 

108.1 General. When structures, premises or equipment, in whole or in part, are found by the code official to be unsafe or dangerous, or when a structure is found unfit for human occupancy, or is found to be unlawful, such structure may be closed by the code official pursuant to the provisions of the Property Maintenance Code and may be referred to the Board of Condemnation for issuance of a condemnation order, pursuant to An Act To create a board for the condemnation of insanitary buildings in the District of Columbia, and for other purposes, as amended, approved May 1, 1906 (34 Stat. 157; D.C. Official Code §§ 6-901 et seq. (2012 Repl. & 2013 Supp.)).

 

108.1.1 Unsafe structures.  An unsafe structure or anything attached to or connected with any building or other structure that is found to be unsafe or dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment, or is so damaged, decayed, dilapidated, structurally unsafe, or of such faulty construction or unstable foundation that partial or complete collapse is possible.

 

108.1.2 Unsafe equipment.  Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure.

 

108.1.3 Structure unfit for human occupancy.  A structure is unfit for human occupancy whenever the code official finds that such structure is: unsafe; unlawful; or, due to the degree to which the structure is in disrepair or lacks maintenance, is unsanitary or vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by the Property Maintenance Code; or whenever the code official finds that the location of the structure constitutes a hazard to the occupants of the structure or to the public.

 

108.1.4 Unlawful structure.  An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under the Property Maintenance Code, or was erected, altered or occupied contrary to law.

 

108.1.5 Dangerous structure or premises.  For the purpose of this code, any structure or premises that has any or all of the conditions or defects described below shall be considered dangerous: 

 

1. Any door, aisle, passageway, stairway, exit or other means of egress that does not conform to the Construction Codes as related to the requirements for existing buildings.

 

2. The walking surface of any aisle, passageway, stairway, exit or other means of egress is so warped, worn loose, torn or otherwise unsafe as to not provide safe and adequate means of egress.

 

3. Any portion of a building, structure or appurtenance that has been damaged by fire, earthquake, wind, flood, deterioration, neglect, abandonment, vandalism or any other cause to such an extent that it is likely to partially or completely collapse, or to become detached or dislodged.

 

4. Any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof, that is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting natural or artificial loads of one and one-half the original designed value.

 

5. The building or structure, or part of the building or structure, is likely to collapse partially or completely, because of dilapidation, deterioration, decay, faulty construction, the removal or movement of some portion of the ground necessary for the support, or for any other reason, or some portion of the foundation or underpinning of the building or structure is likely to fail or give way.

 

6. The building or structure, or any portion thereof, is clearly unsafe for its use and occupancy.

 

7. The building or structure is neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who might play in the building or structure to their danger, become a harbor for vagrants, criminals or immoral persons, or enable persons to resort to the building or structure for committing a nuisance or an unlawful act.

 

8. The building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the Construction Codes, or of any law or ordinance to such an extent as to present either a substantial risk of fire, building collapse or any other threat to life and safety.

 

9. A building or structure, used or intended to be used for dwelling purposes, that is determined by the code official to be unsanitary, unfit for human habitation, or in such a condition that is likely to cause sickness or disease because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, ventilation, mechanical or plumbing system or otherwise.

 

10. Any building or structure that is determined by the code official to be a threat to life or health because of a lack of sufficient or proper fire-resistance-rated construction, fire protection systems, electrical system, fuel connections, mechanical system, plumbing system or other cause.

 

11. Any portion of a building or structure that remains on a site after the demolition or destruction of the building or structure, or whenever any building or structure or portion thereof is abandoned so as to become an attractive nuisance or hazard to the public.

 

108.1.6 Unserviceable equipment.  Whenever the code official determines that the repair record on any boiler, air conditioning system, heating equipment, elevator, moving stairway or other equipment on the premises or within a structure reflects the need for replacement of the equipment, the code official may declare the equipment “unserviceable” and order the replacement of the equipment.  

 

108.2 Closing of vacant structures.  If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the code official, after providing notice as prescribed in Section 108.3, is authorized to post a closure placard on the premises and order the structure closed up so as not to be an attractive nuisance.  Upon failure of the owner to close up the premises within the time specified in the order, the code official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement with private persons, and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and may be collected by any other legal resource.

 

108.2.1 Authority to disconnect service utilities.  The provisions of Section 111.3, Authority to Disconnect Service Utilities, of 12 DCMR A shall apply to the Property Maintenance Code and are hereby incorporated by reference.

 

108.3 Notice.  Whenever the code official has found a premises or structure to be unsafe or unfit for occupancy or has found the use of equipment to be unsafe or unlawful under the provisions of this Section 108, notice shall be posted in a conspicuous place in or about the premises or structure affected by such notice and shall be served on the owner or the person or persons responsible for the premises, structure or equipment in accordance with Section 107.3 and An Act To authorize the Commissioners of the District of Columbia to remove dangerous or unsafe buildings and parts thereof, and for other purposes, as amended, approved March 1, 1899 (30 Stat. 923; D.C. Official Code §§ 6-801 et seq. (2012 Repl.)).  If the notice pertains to equipment, it shall also be placed on the equipment found to be unsafe or unlawful. The notice shall be in the form prescribed in Section 107.2.  The code official is authorized to order the owner to close and barricade the structure or dwelling unit within a specified period of time.

 

108.3.1 Special provisions applicable to residential premises.

 

108.3.1.1 Copies of notices and orders.  The code official shall provide tenants of residential premises with copies of notices and orders issued pursuant to Section 108 in accordance with Section 107.7.  The code official shall not be subject to any other tenant notification provisions, except as expressly set forth in Section 107.7.

 

108.3.1.2 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 the 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 107.8, the code official is authorized to order the removal of the tenants or occupants.

 

108.3.1.3 Other rental housing provisions.  The removal of tenants from unsafe residential premises, or the service of an order to vacate pursuant to this Section 108, shall not be considered an eviction or notice to vacate under D.C. Official Code § 42-3505.01 (2012 Repl.).  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 (2012 Repl. & 2013 Supp.).

 

108.3.2 Historic preservation.  Repairs to, or removal or demolition of, a historic landmark or building or structure located within an historic district shall comply with D.C. Official Code §§ 6-801 et seq. (2012 Repl.).

 

108.4 Placarding.  Upon failure of the owner or person responsible to comply with the notice provisions within the time given, the code official is authorized to post on the premises a closure placard bearing the words “These Premises are Unsafe and Its Occupancy Has Been Prohibited by the Code Official,” or to post on the defective equipment a placard bearing the words “Removed from Service.” The placard shall include a statement of the penalties provided for occupying the premises or operating the equipment, and for removing the placard.

 

108.4.1 Removal of placard.  The code official shall authorize removal of the applicable placards whenever the defect or defects upon which the closure or removal from service actions were based have been eliminated.  Any person who defaces or removes a placard without the approval of the code official shall be subject to the penalties provided by the Property Maintenance Code.

 

108.5 Prohibited occupancy.  Any occupied structure, closed and placarded by the code official, shall be vacated as ordered by the code official.  Any person who shall occupy a placarded premises or shall operate placarded equipment, and any owner or any person responsible for the premises who shall let anyone occupy a placarded premises or operate placarded equipment, shall be liable for the penalties provided by the Property Maintenance Code.

 

108.6 Abatement methods.  The owner, operator or occupant of a structure, premises or equipment deemed unsafe by the code official shall abate or cause to be abated or corrected such unsafe conditions either by repair, rehabilitation, demolition or other approved corrective action.

 

108.6.1 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 107, 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 106.5.  Nothing herein shall be deemed to preclude or negate any other penalties or remedies set forth in Section 106.4, 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.).  

 

108.7 Record.  The code official shall maintain a report on an unsafe condition.  The report shall state the occupancy of the structure and the nature of the unsafe condition.

 

108.8 Condemnation.  The code official is authorized to refer a building or structure determined to be unsafe under this Section 108 to the Board for the Condemnation of Insanitary Buildings for issuance of an order of condemnation, pursuant to D.C. Official Code § 6-903 (2012 Repl.).

 

 

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.