Section 19-1529. URBAN APICULTURE: ENFORCEMENT AND PENALTIES  


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    1529.1A person who violates any provision in §§ 1520 to 1529 shall be subject to civil fines and penalties under the schedule of fines for a class 4 infraction, pursuant to the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985 (D.C. Official Code §§ 2-1801 et seq.), and the enforcement procedures in this section. 

     

    1529.2Each day that a violation occurs is a separate offense.

     

    1529.3Each colony shall constitute a single offense or count.

     

    1529.4The Department may also pursue administrative enforcement through:

    (a)Notices of violation;

    (b)Compliance orders;

    (c)Notices of violation combined with an immediate compliance order;

    (d)Denial, modification, suspension, or revocation of registration;

    (e)Notices of infraction; or

     

    (f)Any other order necessary to protect public health, safety, or welfare or the environment.

     

    1529.5An administrative enforcement action shall:

    (a)Include a statement of the facts and the nature of the alleged violation;

     

    (b)Allow a reasonable time for compliance with the order, consistent with the likelihood of any harm and the need to protect the public health, safety, or welfare or the environment;

     

    (c)Advise the respondent that the respondent has the right to request an administrative hearing and at the respondent’s expense, the right to legal representation at the hearing;

     

    (d)Inform the respondent of any scheduled hearing date, or of any actions necessary to obtain a hearing, and the consequences of failure to comply with the compliance order or failure to request a hearing;

     

    (e)State the action that the respondent is required to take, or the activity or activities that the respondent is required to cease to comply with the order; and

     

    (f)State that civil infraction fines, penalties, or costs may be assessed for failure to comply with the order.

     

     

authority

District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code §§ 8-151.01 et seq. (2013 Repl.)), Sections 211 and 219 of the Sustainable Urban Agriculture Apiculture Act of 2012, effective April 20, 2013 (D.C. Law 19-262; D.C. Official Code §§ 8-1825.01 and 8-1825.09 (2013 Repl.)), as amended by Title IV, Subtitle B of the Sustainable D.C. Omnibus Amendment Act of 2014, effective December 17, 2014 (D.C. Law 20-142; 61 DCR 8045 (August 8, 2014)), Mayor’s Order 2015-068, dated February 4, 2015, and Mayor’s Order 2015-191, dated July 23, 2015.

source

Final Rulemaking published at 62 DCR 11540 (August 21, 2015).