Section 16-3311. VACANT PROPERTY INFRACTIONS

 

3311.1  Violation of any of the following provisions shall be a Class 1 infraction:

(a) Section 6(a) of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District, effective April 27, 2001 (D.C. Law 13-281; D.C. Official Code § 42-3131.06(a) (2010 Repl. & 2011 Supp.)) (failure to initiate registration of a vacant building within thirty (30) days after a building becomes vacant);

(b) Section 6(e) of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District (D.C. Official Code § 42-3131.06(e) (2010 Repl. & 2011 Sup.)) (failure to report change of name or address of owner within thirty (30) days of occurrence);

(c) Section 7(a) of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District (D.C. Official Code § 42-3131.07(a) (2010 Repl.)) (failure to allow inspection of vacant building);

(d) Section 7(a)(5) of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District (D.C. Official Code § 42-3131.07(a)(5)(2010 Repl.)) (making false statements or misrepresentations upon the registration application); or

(e) Being designated by the Mayor as a “blighted vacant building” (D.C. Official Code § 42-3131.05(1)(A) (2011 Supp.)).

3311.2  Violation of any of the following provisions shall be a Class 2 infraction:

(a) Section 6(a) of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District (D.C. Official Code § 42-3131.06(a) (2010 Repl. & 2011 Supp.)) (failure to pay appropriate registration fees);

(b) Section 6(b) of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District (D.C. Official Code § 42-3131.06(b) (2011 Supp.)) (failure to apply for registration after exemption status expires);

(c) Section 6(d) of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District (D.C. Official Code § 42-3131.06(d) (2010 Repl. & 2011 Supp.) (failure to apply for new registration after registered building is transferred or otherwise conveyed);

(d) Sections 6(a) and 12 of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District (D.C. Official Code § 42-3131.06(a) (2010 Repl. & 2011 Supp.)) and D.C. Official Code § 42-3131.12(2010 Repl.)) (failure to maintain a vacant building in compliance with the requirements of D.C. Official Code § 42-3131.12);

(e) Section 7(a) of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District (D.C. Official Code § 42-3131.07(a)(2010 Repl.)) (failure to timely renew registration status);

(f) Section 7(a)(2)(A) of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District (D.C. Official Code § 42-3131.07(a)(2)(A)(2010 Repl.)) (vacant property is detrimental to the public health, safety, and welfare);

(g) Section 7(a)(2)(B) of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District (D.C. Official Code § 42-3131.07(a)(2)(B)(2010 Repl.)) (property unreasonably interferes with the reasonable and lawful use and enjoyment of other premises within the neighborhood);

(h) Section 7(a)(2)(C) of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District (D.C. Official Code § 42-3131.07(a)(2)(C)(2010 Repl.)) (poses a hazard to police officers or fire fighters entering the building in an emergency);

(i) Section 7(a)(3) of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District (D.C. Official Code § 42-3131.07(a)(3)(2010 Repl.)) (the building fails to comply with the fire, building, and housing codes of the District); or

(j) Section 8 of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District (D.C. Official Code § 42-3131.08(2010 Repl.)) (proceeding with any operation related to registration after notice of revocation is issued).

3311.3  Violation of any of the following provisions shall be a Class 3 infraction:

(a) Section 12(1) of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District (D.C. Official Code § 42-3131.12(1)(2010 Repl.)) (doors, windows, areaways, and other openings are not weather tight and secured against entry by birds, vermin, and trespassers; or missing or broken doors, windows and other openings are not covered with one-half inch (1/2 in.) CDX plywood that is weather protected, tightly fitted to the opening, and secured by screws or bolts);

(b) Section 12(2) of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District (D.C. Official Code § 42-3131.12(2)(2010 Repl.)) (the roof and flashing are not sound and tight, will admit moisture, or are not drained to prevent dampness or deterioration in the walls or interior);

(c) Section 12(3) of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District (D.C. Official Code § 42-3131.12(3)(2010 Repl.)) (the building storm drainage system is not adequately sized and installed in an approved manner and functional);

(d) Section 12(4) of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District (D.C. Official Code § 42-3131.12(4)(2010 Repl.)) (the interior or exterior are not maintained in good repair, structurally sound, free from debris, rubbish and garbage, and sanitary so as not to threaten public health or safety);

(e) Section 12(5) of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District (D.C. Official Code § 42-3131.12(5)(2010 Repl.)) (the structural members are not free of deterioration and capable of safely bearing imposed dead and live loads);

(f) Section 12(6) of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District (D.C. Official Code § 42-3131.12(6)(2010 Repl.)) (the foundation walls are not plumb, free from open cracks and breaks, or vermin proof);

(g) Section 12(7) of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District (D.C. Official Code § 42-3131.12(7)(2010 Repl.)) (the exterior walls are not free of graffiti, holes, breaks, or loose and/or rotting materials, and exposed metal and wood surfaces are not protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint);

(h) Section 12(8) of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District (D.C. Official Code § 42-3131.12(8)(2010 Repl.)) (the cornices, belt courses, corbels, terra cotta trim, wall facings, and similar decorative features are not safe, anchored, and in good repair, and exposed metal and wood surfaces are not protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint);

(i) Section 12(9) of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District (D.C. Official Code § 42-3131.12(9)(2010 Repl.)) (all balconies, canopies, marquees, signs, metal awnings, stairways, fire escapes, standpipes, exhaust ducts, and similar features are not in good repair, anchored, safe and sound, and exposed metal and wood surfaces are not protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint);

(j) Section 12(10) of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District (D.C. Official Code § 42-3131.12(10)(2010 Repl.)) (chimneys, cooling towers, smokestacks, and similar appurtenances are not structurally safe, sound, and in good repair, and exposed metal and wood surfaces are not protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint);

(k) Section 12(11) of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District (D.C. Official Code § 42-3131.12(11)(2010 Repl.)) (openings in sidewalks are not safe for pedestrian travel);

(l) Section 12(12) of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District (D.C. Official Code § 42-3131.12(12)(2010 Repl.)) (accessory and appurtenant structures such as garages, sheds, and fences are not free from safety, health and fire hazards, including graffiti);

(m) Section 12(13) of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District (D.C. Official Code § 42-3131.12(13)(2010 Repl.)) (the property on which a structure is located is not clean, safe, and sanitary, and threatens the public health or safety); or

(n) Section 13 of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District (D.C. Official Code § 42-3131.13(2010 Repl.)) (failure to allow or maintain the affixing to the vacant building of a sign posted by the Mayor or the Department of Consumer and Regulatory Affairs).

 

authority

The Director of the Department of Consumer and Regulatory Affairs, pursuant to authority set forth in sections 104(a)(1) and 105 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 § 2-1801.04(a)(1) (2011 Supp.) and D.C. Official Code § 2-1801.05 (2007 Repl.)) (the Act) and Mayor’s Order 86-38, dated March 4, 1986.

source

Final Rulemaking published at 52 DCR 4908 (May 27, 2005); as amended by Notice of Emergency and Proposed Rulemaking published at 58 DCR 3075 (April 8, 2011)[EXPIRED]; as amended by Notice of Emergency Rulemaking published at 58 DCR 6449 (July 29, 2011)[EXPIRED]; as amended by Notice of Emergency Rulemaking published at 58 DCR 10013 (November 25, 2011)[EXPIRED]; as amended by Notice of Final Rulemaking published at 59 DCR 776, 777(February 3, 2012).