Section 24-4108. COMPLIANCE ORDERS

 

4108.1When the Director has determined that a publisher box is in violation of a provision of this chapter, the Director shall serve a first notice of infraction (Compliance Order) to the owner by mail and email directing the owner and, if different, the person responsible for maintaining the publisher box to abate the violation within fifteen (15) days of the date the compliance order was sent.  Additionally, the Director may post information regarding the Compliance Order on the agency’s website.

 

4108.2In the event that the Director has determined that a publisher box is in violation of a provision of this chapter and no contact or other ownership information is displayed on the publisher box, the Director shall affix the Compliance Order to a conspicuous location on the publisher box and shall post information regarding the Compliance Order on the Department’s website.as a means of providing the fifteen (15) day notice.

 

4108.3Each Compliance Order shall display the following information:

 

(a)The nature of the alleged violation, including the citation to the regulation that the respondent is violating;

 

(b)The conduct the respondent must cease or the action the respondent must take to correct the infraction;

 

(c)The date and time by which such conduct must be ceased or such action must be taken;

 

(d)A statement that the respondent has a right to timely challenge the order at a hearing before the Office of Administrative Hearings, where the hearing will determine whether the order is valid;

 

(e)A statement that to obtain a hearing, the respondent must request a hearing in writing within fifteen (15) days after the service of the order;

 

(f)The process by which the respondent may request a hearing; and

 

(g)A statement that if the respondent fails to comply with the order or request a hearing within the fifteen (15) days, the Director may impound or remove and dispose of the publisher box and recover up to three (3) times the cost and expense of removing and disposing of the non-compliant publisher box.

 

4108.4Answering a Compliance Order shall be in accordance with 16 DCMR § 3103 (Answering a Notice of Infraction).

 

4108.5The abatement of a Compliance Order shall be in accordance with 16 DCMR § 3104 (Abatement of Infractions).

 

4108.6If a respondent does not request a hearing in writing within fifteen (15) days after the service of the Compliance Order, the order shall be deemed final.

 

 

authority

Sections 4(a)(5)(A) (assigning authority to coordinate and manage public space permits and records to the Department Director), 5(4)(A) (assigning duty to review and approve public space permit requests to the Department Director), 6(b) (transferring the public right-of-way maintenance function previously delegated to the Department of Public Works under Section III(F) of Reorganization Plan No. 4 of 1983 to the Department), 9j (granting the Director rulemaking authority), and 9(j) (authorizing civil fines and penalties) of the Department of Transportation Establishment Act of 2002 (“DDOT Establishment Act”), effective May 21, 2002 (D.C. Law 14-137; D.C. Official Code §§ 50-921.03(5)(A), 50-921.04(4)(A), 50-921.05(b), 50-921.18, and 50-921.19 (2014 Repl.& 2015 Supp.)), Sections 604 and 607 of the Fiscal Year 1997 Budget Support Act of 1996, effective April 9, 1997 (D.C. Law 11-198; D.C. Official Code §§ 10-1141.04 and 10-1141.07 (2013 Repl. & 2015 Supp.)), Subtitle C of Title VI of the Fiscal Year 2005 Budget Support Act of 2004, effective December 7, 2004 (D.C. Law 15-205; D.C. Official Code §§ 10-1181.01 et seq. (2013 Repl. & 2015 Supp.)), and the Public Space Enforcement Amendment Act of 2014, effective March 11, 2015 (D.C. Law 20-207; 61 DCR 12690 (December 19, 2014)).

source

Final Rulemaking published at 63 DCR 14191 (November 18, 2016).