D.C. Mun. Regs. tit. 24, r. 24-1301

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 24-1301 - NOTICE OF VIOLATION

1301.1

A Notice of Violation, also referred to as a "ticket," shall be in the form prescribed by the Director of the Department of Public Works (the "Director") and shall be issued for abatement infractions and non-abatement infractions.

1301.2

A Notice of Violation shall inform the respondent how to answer the Notice and shall warn the respondent of the consequences resulting from failure to answer in the manner and time provided.

1301.3

A Notice of Violation shall constitute prima facie evidence of the statements contained in the Notice.

1301.4

The signature of an issuing agent on a Notice of Violation shall be evidence of the validity of the issuance of the Notice.

1301.5

Each incident of prohibited conduct shall constitute a separate violation subject to the prescribed penalty. Thus, for example, each piece of paper posted on each trash receptacle in public space constitutes a separate violation, each vehicle trailing debris in public space is a separate violation.

1301.6

Whenever a Notice of Violation is issued as a result of an observation by an independent third party, the Department of Public Works (the "Department") shall obtain the signed verification of that person, who shall be of suitable age and discretion, stating that on or before the date and time indicated on the Notice, such person observed the condition(s) giving rise to the issuance of the Notice. The statement shall become a part of the record of each Notice so issued by the Department.

1301.7

Whenever the signed verification of an independent third party described in § 1301.6 is solicited or obtained, the person shall be advised in writing of the following:

(a) That his or her statement is voluntary;

(b) That it is intended to provide an independent source of verification of the violation resulting in a Notice;

(c) That in the event a hearing is requested, the person shall be asked to submit a notarized statement setting forth his or her observations or the circumstances under which the verification was signed; and

(d) That the person may be asked to appear at any such hearing held on the matter.

D.C. Mun. Regs. tit. 24, r. 24-1301

Final Rulemaking published at 34 DCR 7807 (December 4, 1987)