Section 16-3117. COLLECTION PROCEEDINGS AND LIENS

 

3117.1 The failure of a respondent to pay monetary sanctions imposed by an ALJ or to comply with a decision of an ALJ within fifteen (15) days of the date of service of the decision shall subject the respondent to suspension of the respondent's license or permit.

 

3117.2 The Director may refer to a collection agency or the Corporation Counsel cases which involve a respondent's failure to make timely payment for the initiation of civil proceedings to collect fines, penalties, costs, and interest owed by the respondent. The Director may contract with any person to collect the amount of a lien and pay such person a fee or percentage, of the amount collected, or both. The civil proceedings may result in garnishment of wages, attachment of property, and liens and foreclosures against property.

 

3117.3 A lien shall be satisfied when a respondent submits payment in full to the agency that issued the final order.

 

3117.4 The failure of a respondent to pay the amount owed under a final order shall result in a continuing and perpetual lien in favor of the District.

 

3117.5 A lien which results from the amount to be paid under a final order shall have the same force and effect as a lien created by a judgment

 

3117.6 A lien shall be in favor of the District upon all real and personal property owned by the respondent.

 

3117.7 A lien shall attach to all property belonging to the respondent including any property acquired by the respondent after the lien arises.

 

3117.8 A lien shall have priority over all other liens except the following:

 

(a)Liens for District taxes; and

 

(b)Liens for District water charges.

 

3117.9 The Director may take the following steps to collect fines, penalties, costs, and interest imposed against real property owned by the respondent:

 

(a) The lien shall be recorded with the Recorder of Deeds as a real property tax lien captioned "Notice of Converted Real Property Tax Lien" and immediately deemed a delinquent real property tax;

 

(b) The lien shall include the name of the respondent, description of the real property by square and lot number, and the amount of the real property tax lien;

 

(c) The lien shall be a delinquent real property tax from the date of the filing of notice with the Recorder of Deeds;

 

(d) Interest on the lien shall accrue at the rate of interest charged for delinquent real property tax; and

 

(e) The real property may be sold at a delinquent real property tax sale in the same manner as real property sold for delinquent real property tax.

 

3117.10 The amount secured by a lien may appear on the real property tax bill and shall be an additional real property tax to be collected in the same manner and under the same conditions as real property tax is collected.

 

3117.11 If payment has not been made by the due date for payment of the real property tax bill, a lien shall immediately be converted to a real property tax.

 

3117.12 The Director may prepare a list of delinquent respondents who have not paid or
appealed the final order within fifteen (15) days of personal service.

 

3117.13 The Director may publish periodically the delinquent list in one (1) or more general circulation newspapers published in the District.

 

3117.14 A lien shall be valid against the following persons when notice has been filed with the Recorder of Deeds:

 

(a) Bona fide purchaser;

 

(b) Holder of a security interest;

 

(c) Mechanic's lienor; or

 

(d) Judgment lien creditor.

 

source

Final Rulemaking published at 34 DCR 5718, 5731 (September 4, 1987); as amended by Final Rulemaking published at 49 DCR 4995 (May 31, 2002).