5913137 Resolution 21-408, Nuisance Abatement Notice Congressional Review Emergency Declaration Resolution of 2016

A RESOLUTION

                                                        

21-408

 

IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

 

March 1, 2016        

 

 

To declare the existence of an emergency, due to congressional review, with respect to the need to amend An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District, and for other purposes to clarify that the posting requirement in section 5a is satisfied by posting the initial vacant or blight determination.

 

RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this resolution may be cited as the “Nuisance Abatement Notice Congressional Review Emergency Declaration Resolution of 2016”.

 

Sec. 2. (a)  The Nuisance Properties Abatement Reform and Real Property Classification Amendment Act of 2008, effective August, 15, 2008 (D.C. Law 17-216; 55 DCR 7500), created a requirement that all notices specified by the nuisance act be provided by mail and by posting at the subject property.  Previously, posting was required only when the registration status of the subject property changed or needed to change.

            (b) On October 17, 2014, a judge in the Office of Administrative Hearings dismissed a notice of infraction issued by the Department of Consumer and Regulatory Affairs because, inter alia, the notice failed to satisfy the posting requirement.

            (c) Prior to the decision of the Office of Administrative Hearings, the Department of Consumer and Regulatory Affairs had been posting notice at the subject property only when the subject property changed or needed to change.

            (d) Without clarifying that the provision should apply only to registration-status changes, the Department of Consumer and Regulatory Affairs would be required to devote considerable resources to posting duplicative notices at a subject property rather than devoting those resources to registering and monitoring other vacant properties.  All notices would still be required to be provided by United States mail.

            (e)  The Nuisance Abatement Notice Temporary Amendment Act of 2015, effective April 30, 2015 (D.C. Law 20-252; 62 DCR 1958) (“temporary legislation”), which addressed the above-referenced issue, has expired.

(f)  The Nuisance Abatement Notice Amendment Act of 2015, enacted January 12, 2016 (D.C. Act 21-260; 63 DCR 760) (“permanent legislation”), is projected to become law on March 8, 2016.

(g)  It is important that the provisions of the temporary legislation remain effective, without interruption, until the permanent legislation is in effect.

 

Sec. 3.  The Council of the District of Columbia determines that the circumstances enumerated in section 2 constitute emergency circumstances making it necessary that the Nuisance Abatement Notice Congressional Review Emergency Amendment Act of 2016 be adopted after a single reading.

 

            Sec.  4.  This resolution shall take effect immediately.