D.C. Mun. Regs. tit. 12, r. 12-G109
Strike Section 109 of the International Property Maintenance Code in its entirety and insert new Section 109 in the Property Maintenance Code in its place to read as follows:
Emergency Condition. When an emergency condition exists, the code official is hereby authorized to take such actions as the code official deems necessary to meet such emergency in accordance with this Section 109. An emergency condition shall exist when, in the opinion of the code official, there is imminent danger, including, but not limited to:
Order to Vacate Premises. When in the opinion of the code official an emergency condition as defined in Section 109.1 exists, the code official is authorized to require occupants of any premises which the code official identifies as potentially affected by the emergency condition, to vacate the premises forthwith or within a time period specified by the code official. This order can be communicated verbally, provided that a written notice of emergency condition pursuant to Section 109.1.2 is posted as expeditiously as possible.
Posting of Notice of Emergency Condition. Where the code official deems an emergency condition to exist, the code official shall cause to be posted on all premises where such emergency condition exists, a notice that states that:
Emergency Work. Whenever, in the opinion of the code official, an emergency condition exists, the code official is authorized (i) to require the owner of the premises on which the emergency condition exists or from which such condition arose, or the person responsible for the emergency condition, to render such premises safe in light of the existing emergency condition; or (ii) to undertake the necessary work to be done at the premises where the emergency condition exists to render such premises safe in light of the existing emergency condition, including, but not limited to, requiring implementation of temporary safeguards, repairs, demolition, or razing. Any of such work at a premises either required or undertaken by the code official to address an emergency condition shall be referred to as "emergency work". The code official is also authorized to take such other action(s) as the code official deems necessary to address such emergency condition, including, but not limited to, employing the necessary labor and materials to perform the necessary emergency work at a premises as expeditiously as possible.
Compliance with Order. Any person ordered by the code official to undertake emergency work at a premises pursuant to Section 109.2 shall comply with such order forthwith and complete the emergency work within the time period specified by the code official. The code official is not required to provide the owner of the premises where an emergency condition is deemed to exist with an opportunity to correct the emergency condition before the code official undertakes emergency work, or to await the expiration of a time period specified in an order under this Section.
Historic Buildings. Prior to requiring or undertaking emergency work to be undertaken at a premises or portion thereof that is a building or other structure that is listed in the D.C. Inventory of Historic Sites or National Register of Historic Places (either as an individual listing or as a contributing resource to a listed historic district), the code official shall consult with the State Historic Preservation Officer as required by D.C. Official Code §§ 6-801 and 6-802 (2018 Repl. ).
Safety Perimeter. When necessary for public safety, the code official is authorized to temporarily close sidewalks, streets, alleys, premises and areas adjacent to a premises on which the emergency condition exists, and to temporarily prohibit access thereto.
Costs of Emergency Work. Where the code official causes emergency work to be done at a premises pursuant to Section 109.2, any costs incurred by the District of Columbia in the performance of such emergency work, and expenses incident thereto, shall be paid from appropriations of the District of Columbia when certified by the code official, and shall be assessed as a tax against the lot on which the emergency condition existed or from which such condition arose, carried as a tax on the regular tax rolls, and collected in the same manner as real estate taxes are collected.
Additional Costs of Emergency Work. Costs of emergency work shall also be deemed to include, but are not limited to, all expenses incurred for or necessitated by any emergency work; costs associated with cleaning the premises to comply with the Construction Codes; utility removal or disconnection costs; court costs, fines, and penalties; 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. If the code official determines that no other shelter is available to tenants or occupants required to vacate rental units as a result of a building closure pursuant to this Section 109, the code official has discretion to assess all expenses incident to tenant or occupant relocation as a cost of emergency work, including, but not limited to, temporary housing, security deposits and the first month's rent if required.
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 109 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.).
Buildings with Rental Units. Where the code official posts a notice of emergency condition pursuant to this Section 109 at a building with rental units, the code official is authorized to order all tenants or occupants to vacate the premises where an emergency condition exists. The posted notice shall comply with the requirements of Section 106.11.3. If any tenant or occupant fails to vacate the premises within the time specified in the notice, the code official is authorized to order removal of the tenant or occupant from the premises.
Other Rental Housing Provisions. Where an emergency condition exists, the removal of tenants or occupants from the premises, or the service of an order to vacate, pursuant to this Section 109 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.
Removal of Notice of Emergency Condition. A notice of emergency condition posted pursuant to Section 109.1.2 shall be removed only by the code official. The code official shall remove the posted notice when, in the code official's opinion, the emergency condition no longer exists. Any remaining unsafe conditions that do not constitute an emergency condition (as defined in Section 109.1) shall be governed by the provisions of Section 108.
Tampering with Posted Notice. See Section 106.11.4
Appeals. Appeals of code official actions pursuant to this Section 109 are governed by Section 111. As provided in Section 111, any such appeal shall not have the effect of staying any notice or order issued pursuant to this Section 109.
Condemnation. The code official is authorized to refer a building or structure where an emergency condition exists under this Section 109 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-G109