D.C. Mun. Regs. tit. 12, r. 12-G108
Strike Section 108 of the International Property Maintenance Code in its entirety and insert new Section 108 in the Property Maintenance Code in its place to read as follows:
General. Unsafe conditions shall be removed or made safe and secure as the code official deems necessary, pursuant to this section or pursuant to other laws including, but not limited to, D.C. Official Code §§ 42-3131.01et seq. (2012 Repl.), D.C. Official Code §§ 42-3171.01et seq. (2012 Repl.), and D.C. Official Code §§ 6-801et seq. (2018 Repl.).
Unsafe Conditions. All premises or equipment thereon that (1) are or hereafter become abandoned, deteriorated, unsafe, unsanitary, or deficient because of inadequate means of egress facilities or inadequate light and ventilation; or (2) constitute a fire hazard: or (3) are otherwise dangerous to human life or the public welfare: or (4) involve illegal or improper use or occupancy, or inadequate maintenance, shall be deemed an unsafe condition. In addition, unsafe conditions shall include those referenced in Sections 108.1.1.1 through 108.1.1.5. A vacant premises, unguarded or open at door or window, shall be deemed a fire hazard and an unsafe condition within the meaning of the Construction Codes.
Unsafe structures. An unsafe structure is a structure or anything attached to or connected with any building or structure that is found to be unsafe or dangerous to the life, health, property or safety of the public or the occupants of the structure, by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment, or is so damaged, decayed, dilapidated, structurally unsafe, or of such faulty construction or unstable foundation that partial or complete collapse is possible.
Unsafe equipment. Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure.
Unserviceable equipment. Whenever the code official determines that the repair record on any boiler, air conditioning system, heating equipment, elevator, moving stairway or other equipment on the premises or within a structure reflects the need for replacement of the equipment, the code official is authorized to declare the equipment "unsafe" and order the replacement of the equipment.
Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the code official deems such structure to be: unsafe; unlawful; or, due to the degree to which the structure is in disrepair or lacks maintenance, is unsanitary or vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by the Property Maintenance Code; or whenever the code official finds that the location of the structure constitutes a hazard to the occupants of the structure or to the public.
Unlawful structure. An unlawful structure is one deemed by the code official to be occupied, in whole or in part, by more persons than permitted under the Property Maintenance Code, or one deemed by the code official to be erected, altered or occupied contrary to law.
Dangerous structure or premises. For the purpose of this code, any structure or premises that has any of the conditions or defects described below shall be considered dangerous:
Examination and Record of Unsafe Premises. The code official shall examine every premises reported as dangerous, structurally unsafe, or constituting a fire hazard, and shall maintain a record of those premises where the code official finds an unsafe condition.
Posting of Notice of Unsafe Condition. Where the code official finds an unsafe condition, as defined in Section 108.1, the code official shall post a notice of unsafe condition on the premises where the unsafe condition exists. The code official shall have discretion to post the notice of unsafe condition in the location or locations that the code official deems necessary to warn persons that access to, or use or occupancy of, the premises is restricted.
Access to Posted Premises. The notice of unsafe condition posted in accordance with Section 115.3 shall specify whether entry, use and/or occupancy of the posted premises, or a portion thereof, is prohibited by the code official. Entry, use, and/or occupancy of the posted premises shall be at the discretion of the code official, subject as applicable to the requirements for closure of buildings with rental units set forth in Sections 106.11.3 and 108.8.
Compliance with Posted Notice. Entry, use and/or occupancy of a premises or portion thereof in violation of the terms of a posted notice of unsafe condition shall be unlawful.
Tampering with Posted Notice. See Section 106.11.4.
Remedial Notices or Orders Relating to Unsafe Condition. In addition to posting of a notice in accordance with Section 108.3, where the code official finds an unsafe condition, the code official is authorized to issue a notice or order to require the owner of the premises to make the premises safe and secure or to remove the unsafe condition as the code official deems necessary. The notified person shall employ sufficient means to comply with the notice as expeditiously as can be done.
Content and Service of Remedial Notices or Orders. The remedial notices or orders specified in Section 108.4 shall comply with the procedures set forth in Sections 106.9.4, 106.10.4 and 106.11.
Disregard of Remedial Notice or Order Upon the refusal or neglect of the person served with a remedial notice or order pursuant to Section 108.4 to comply with the requirements of the notice or order to abate or remove the unsafe condition, the code official is authorized to pursue any penalties or remedies authorized by law or regulation, including, but not limited to, abatement of the unsafe condition by the code official or referral to the Office of the Attorney General for appropriate legal action to compel compliance.
Abatement by Code Official. Where the person notified of an unsafe condition pursuant to Section 108.4 fails to abate or remove such unsafe condition, the code official is authorized to cause such condition to be corrected and assess the costs of any corrective action, and all expenses incident thereto, as a tax against the property on which the violating condition existed, and such tax shall be carried on the regular tax rolls of the District, and collected in the same manner as general taxes in the District are collected. Costs shall include, but not be limited to, all expenses incurred for or necessitated by any corrective action; costs of inspectors, testing agencies or experts retained; costs of testing or surveying; costs of mailings, postings and recordings; and costs of attorney's fees expended for recovering the costs of the corrective action or to obtain or enforce a related order.
Remedies Not Exclusive. Nothing herein shall be deemed to preclude or negate any other penalties or remedies set forth in Section 106, or to preclude conversion of a special assessment lien to an administrative judgment, enforceable in the same manner as any other civil judgment under District of Columbia law, as authorized by D.C. Official Code § 42-3131.01 (2012 Repl.).
Other Laws. The provisions of this Section 108 shall not be deemed to nullify any other provisions of local law governing razing, demolition or repair of unsafe structures, including, but not limited to, the provisions of D.C. Official Code §§ 6-801et seq. (2018 Repl.), D.C. Official Code §§ 42-3131.01et seq. (2012 Repl.), or D.C. Official Code §§ 42-3171.01et seq. (2012 Repl.).
Historic preservation. Repairs to, or removal or demolition of, a historic landmark or building or structure located within an historic district shall comply with D.C. Official Code §§ 6-801et seq. (2018 Repl.).
Special Provisions Applicable to Rental Units.
Copies of Notices and Orders. The code official shall provide tenants of rental units with copies of remedial notices and orders issued to the owner of the rental unit pursuant to Section 108.4 in accordance with Section 106.11. The code official shall not be required to provide tenants of rental units with copies of any other notices, orders or communications except as expressly required by set forth in Section 106.11.
Closures of Buildings with Rental Units. The code official is authorized to order tenants or occupants of rental units to vacate the premises within a time sufficient to allow the owner to comply with an order to close and barricade the premises. The notice or order shall include the time by which the premises must be vacated, provided that tenants and occupants shall be given at least five (5) calendar days to vacate, unless the code official determines that the tenants and occupants must leave the premises immediately for their personal safety.
If any tenant or occupant fails to vacate the premises within the time period set forth in the notice or order, the code official is authorized to order the removal of the tenants or occupants, subject to the appeal provisions of Sectio n 107.
Other Rental Housing Provisions. The removal of tenants from rental units, or the service of an order to vacate, pursuant to this Section 108 shall not be considered an eviction or notice to vacate under D.C. Official Code § 42-3505.01 (2012 Repl.).
Notwithstanding the foregoing, nothing herein shall be construed to nullify or abrogate any other rights to which a tenant is entitled under District laws or regulations, including relocation assistance, the right to reoccupy the rental unit following rehabilitation, or the right to pursue rights and remedies under D.C. Official Code, Title 42, Chapter 34.
Closing of vacant structures. If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the code official, after providing notice as prescribed in Section 108.3, is authorized to post a closure placard on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner to close up the premises within the time specified in the order, the code official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement with private persons, and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and may be collected by any other legal resource.
Authority to disconnect service utilities. The provisions of Section 119.3, Authority to Disconnect Service Utilities, of Title 12-A DCMR shall apply to the Property Maintenance Code and are hereby incorporated by reference.
Condemnation. The code official is authorized to refer a building or structure determined to be unsafe under this Section 108 to BCIB for issuance of an order of condemnation, pursuant to D.C. Official Code § 6-903 (2018 Repl.).
D.C. Mun. Regs. tit. 12, r. 12-G108