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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 24. PUBLIC SPACE AND SAFETY |
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Chapter 24-13. CIVIL FINES UNDER D.C. LAW 6-100 |
Section 24-1306. ANSWERS TO THE NOTICE OF VIOLATION
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1306.1Failure to answer the Notice of Violation within fourteen (14) calendar days of the date that the Notice of Violation issued shall result in additional penalties.
1306.2In response to a Notice of Violation, a respondent may do one of the following:
(a)Admit the violation;
(b)Admit the violation, but with an explanation; or
(c)Deny the violation
1306.3An answer of "Admit" shall constitute the respondent's acknowledgement and acceptance of liability for the condition(s) resulting in the issuance of a Notice of Violation
1306.4For a Notice of Violation for an abatement infraction, an answer of "Admit" shall also certify that the respondent has abated the condition(s) cited on the Notice.
1306.5An answer shall be made by marking the appropriate box(es) in the answer form provided on the back of the Notice of Violation and remitting it by mail or personally to the Department at a location and within the time frame prescribed on the Notice.
1306.6An answer of "Deny" or "Admit With Explanation" shall constitute the respondent's request for a hearing and shall be made in accordance with this section.
1306.7Failure to answer the Notice of Violation within the time prescribed on the Notice shall result in the imposition of an additional penalty equal to the amount of the original civil fine.
1306.8If a person to whom a Notice of Violation has been issued fails to respond or satisfy in full the terms of the Notice within the time prescribed on the Notice, the Hearing Examiner may enter a judgement by default sustaining the charges, fixing the appropriate fine and assessing the appropriate penalties.
1306.9Before a default judgment is entered, the Department shall notify the respondent by regular mail that a Notice of Violation is outstanding, and that a default judgement is pending unless an answer is made within fourteen (14) days of the Notice. The Notice shall be mailed to the respondent's last recorded address.
1306.10A default judgement entered in accordance with this section may be vacated upon written application to the Director or his or her designee. The application shall include a reason explaining why an answer could not be made in a timely fashion, and a defense to the violation(s) cited on the original Notice(s).