§ 42–3131.01. Mayor may correct conditions violative of law; assessment of cost; lien on property; fund to pay costs; summary corrective action of life-or-health threatening condition.
(a)(1) Except as provided in paragraphs (2) and (3) of this subsection, whenever the owner of any real property in the District of Columbia shall fail or refuse, after the service of reasonable notice in the manner provided in § 42-3131.03, to correct any condition which exists on or has arisen from such property in violation of law or of any regulation made by authority of law, with the correction of which condition said owner is by law or by said regulation chargeable, or to show cause, sufficient in the judgment of the Mayor of said District, why he should not be required to correct such condition, then, and in that instance, the Mayor of the District of Columbia is authorized to: Cause such condition to be corrected; assess the fair market value of the correction of the condition or the actual cost of the correction, whichever is higher, and all expenses incident thereto (including the cost of publication, if any, herein provided for) as a tax against the property on which such condition existed or from which such condition arose, as the case may be; and carry such tax on the regular tax rolls of the District, and collect such tax in the same manner as general taxes in said District are collected; provided, that the correction of any condition aforesaid by the Mayor of said District under authority of this section shall not relieve the owner of the property on which such condition existed, or from which such condition arose, from criminal prosecution and punishment for having caused or allowed such unlawful condition to arise or for having failed or refused to correct the same.
(1A) The Mayor may request the Office of Administrative Hearings to issue, and the Office of Administrative Hearings may issue, a final order converting a special assessment lien to an administrative judgment. The Mayor may then cause the final order to be entered as a judgment against the owner in the Superior Court of the District of Columbia. The Mayor may enforce the judgment in the same manner as any other civil judgment may be enforced under District law.
(2) Whenever the owner of any vacant building, as defined in § 42-3131.05(5), shall fail to enclose the doors, windows, areaways, or other openings of the property, the Mayor may immediately enclose the property to meet the standard described in § 42-3131.12. Subsequent to the enclosure, the Mayor shall give the owner notice as prescribed in § 42-3131.03.
(3) Summary correction of certain violations without prior notice to the owner is authorized pursuant to subsection (c)(1) of this section.
(b)(1)(A) There is established in the District of Columbia, and accounted for within the General Fund, a separate revenue source allocable to provide authorization for the purpose of paying the costs of correction of any condition, and all expenses incident thereto, that the Mayor may order or cause pursuant to subsection (a) of this section and for the purposes of demolishing or enclosing a structure under subchapter II of Chapter 31C of this title. Any unexpended balance at the end of the year shall be reserved as a restricted fund balance and used to provide authorization to expend for subsequent years subject to the direction of the Mayor.
(B) There is established within the fund established by subparagraph (A) of this paragraph an account in which fees and penalties collected under § 6-916(b), shall be deposited, to be expended for the purposes set forth in § 6-916(b).
(2) There shall be deposited to the credit of the fund such amounts as may be appropriated for the fund or for the purposes of the fund; grants, donations, or restitution from any source to the fund or to the District of Columbia for the purposes of the fund; interest earned from the deposit or investment of monies of the fund; if an accounting is made in accordance with, and subject to, § 47-1340(f), amounts assessed and collected as a tax against real property under subsection (a) of this section including any interest and any penalties thereon, or otherwise received to recoup any amounts, incidental expenses or costs incurred, obligated or expended for the purposes of the fund and funds collected pursuant to subchapter II of Chapter 31C of this title; all fees and penalties collected under § 6-916(b) (to be deposited in the account established under paragraph (1)(B) of this subsection) recoveries from enforcement action brought by the Office of the Attorney General on behalf of the District of Columbia or District of Columbia agencies for the abatement of violations of Chapters 1 through 16 of Title 14 of the District of Columbia Code of Municipal Regulations, excluding funds obtained through administrative proceedings; and all other receipts of whatever nature derived from the operation of the fund.
(2A) Not Funded.
(3) The Mayor shall include in the budget estimates of the District of Columbia for each fiscal year, and there are authorized to be appropriated annually, such amounts out of the revenues of the District of Columbia as may be necessary for the capitalization of the fund.
(4) Not later than 6 months after the end of each fiscal year, the Mayor shall submit to the Council a report of the financial condition of the fund, and any other special purpose revenue funds or capital project funds used for nuisance abatement activities, and the results of the operations and collections for the fiscal year. The report shall include an itemized accounting of all unrecovered taxes and penalties, the names of delinquent property owners, the nature of corrected building violations, and a detailed accounting of each expenditure. All funding sources shall be separately listed.
(c)(1)(A) The Mayor may order the summary correction of housing regulation violations or violations of the Construction Codes where there is imminent danger, as determined by the Mayor.
(B) Except in the case of a vacant building, the Mayor shall promptly notify the owner or authorized agent that the correction is ordered within a specified time period; provided, that the Mayor is authorized to take emergency action, including putting in temporary safeguards, without prior notification when the Mayor determines there is imminent danger due to an unsafe condition and immediate emergency action is necessary to alleviate the danger.
(C) Any person ordered to take emergency measures or actions shall immediately comply with any notice or order. Where notice is provided under this section, if at the time of the notice, the owner is engaged in a good-faith effort to make the necessary correction, the Mayor shall not commence corrective action unless and until the owner interrupts or ceases the corrective effort or the Mayor determines that emergency repairs or temporary safeguards are required.
(D)(i) The owner or authorized agent shall be notified by personal service or by registered mail to the last known address and by conspicuous posting on the property. If the owner or address is unknown, or cannot be located, notice shall be provided by conspicuous posting on the property.
(ii) The Mayor may assess all reasonable costs of correcting the condition and all expenses incident to the corrective action as a tax against the property.
(iii) A tax placed against a property pursuant to this subsection shall be carried on the regular tax rolls and collected in the same manner as real estate taxes are collected.
(iv) The Mayor shall provide an opportunity for review of the summary corrective action without prejudice to the Mayor's authority to take and complete that action.
(E) Monies in the fund established by subsection (b)(1) of this section shall be available to cover the costs of the summary corrections authorized by this subsection.
(F) For the purposes of this paragraph, the term:
(i) "Good faith effort" means one that is likely to cause the correction of the condition at least as soon as it could be corrected by the Mayor.
(ii)(I) "Imminent danger" means:
(aa) There is an immediate danger of the failure or collapse of a building or other structure that endangers life;
(bb) When any structure or part of a structure has fallen and life is endangered by the occupation of the structure;
(cc) When there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors, the presence of toxic fumes, gases, or materials; or
(dd) When the health or safety of occupants of the premises or those in the proximity of the premises is immediately endangered by an insanitary condition or the operation of defective or dangerous equipment.
(bb) The interruption of electrical, heat, gas, water, or other essential services, when the interruption results from other than natural causes; or
(cc) The presence of graffiti.
(1A) The Mayor may request the Office of Administrative Hearings to issue, and the Office of Administrative Hearings may issue, a final order converting a special assessment lien to an administrative judgment. The Mayor may then cause the final order to be entered as a judgment against the owner in the Superior Court of the District of Columbia. The Mayor may enforce the judgment in the same manner as any other civil judgment may be enforced under District law.
(2) For the purposes of this subsection, the presence of graffiti shall be deemed to be a housing regulation violation.
(3) In the case of graffiti which does not constitute a life-or-health threatening condition, but which constitutes a nuisance, the Mayor may order the removal of the graffiti within a specified time period and, subject to 7 days’ notice to the owner or an authorized agent in the manner provided under paragraph (1) of this subsection and an opportunity for review of the order, the Mayor may remove the graffiti if the owner does not comply.
(d) The Mayor may charge any property owner whose property is the subject of corrective action, as provided in subsection (c) of this section, or any property owner who receives a notice to correct wrongful conditions pursuant to § 6-804(c) a fee to cover the administrative costs incurred by the District of Columbia in its efforts to provide that the violation be corrected. The Mayor may assess this fee as a tax against the property, may carry this tax on the regular tax rolls, and may collect this tax in the same manner as real estate taxes are collected.
(e) The Mayor may defer or forgive, in whole or in part, any cost or fee assessed pursuant to §§ 42-3131.01 to 42-3131.03 with respect to any qualified real property approved pursuant to § 6-1503.
§ 42–3131.02. Inspection of buildings for violative conditions; interference with inspection.
(a) For the purpose of carrying into effect § 42-3131.01, the Mayor of the District of Columbia and all other persons, including contractors and employees of contractors acting under his authority or by his direction, are authorized to enter upon and into any lands and tenements in said District, during all reasonable hours, to inspect the same and to do whatever may be necessary to correct, in a good and workmanlike manner, any condition that exists on or has arisen from such lands or tenements in violation of law or of any regulation made by authority of law, with the correction of which condition the owner of said lands or tenements is by law or such regulation chargeable. Any person who shall hinder, interfere with, or prevent any inspection or work authorized by this subchapter shall, upon conviction thereof, be punished by a fine not exceeding $100 or by imprisonment for a period not exceeding 3 months, or by both such fine and imprisonment, in the discretion of the court.
(b)(1) The Mayor may apply to a judge of the District of Columbia for an administrative search warrant to enter any premises to conduct any inspection required or authorized by law to determine compliance with the provisions of this chapter.
(2) The application for an administrative search warrant shall be in writing and sworn to by the applicant and shall particularly describe the place, structure, or premises to be inspected and the nature, scope, and purpose of the inspection to be performed by the applicant.
(3) Before filing an application for an administrative search warrant with a court, the Mayor shall obtain approval by the Office of the Attorney General as to its legality in both form and substance under the standards and criteria of this section and a statement to this effect shall be included as part of the application.
(4) A judge of a court referred to in this section may issue the warrant on finding that:
(A)(i) The applicant has sought access to the property for the purpose of making an inspection; and
(ii)(I) After requesting, at a reasonable time, the owner, tenant, or other individual in charge of the property to allow access, has been denied access to the property; or
(II) After making a reasonable effort, the applicant has been unable to locate any of these individuals;
(B) The requirements of paragraphs (2) and (3) of this subsection are satisfied;
(C) The Mayor is authorized by law to make an inspection of the property for which the warrant is sought; and
(D) Probable cause for the issuance of the warrant has been demonstrated by the applicant by specific evidence of an existing violation of any provision of this chapter or any rule or regulation adopted under this chapter or by showing that:
(i) A reasonable administrative inspection program exists regarding the condition of the property; and
(ii) The proposed inspection comes within the program.
(5) An administrative search warrant issued under this section shall specify the place, structure, premise, vehicle, or records to be inspected. The inspection conducted shall not exceed the limits specified in the warrant.
(6) An administrative search warrant issued under this section authorizes the applicant and other officials or employees of the District to enter specified property to perform the inspection, sampling, and other functions authorized by law to determine compliance with the provisions of this chapter.
(7) An administrative search warrant issued under this section shall be executed and returned to the judge by whom it was issued within:
(A) The time specified in the warrant, not to exceed 30 days; or
(B) If no time period is specified in the warrant, 15 days from the date of its issuance.
§ 42–3131.03. Notice requiring correction of unlawful conditions; service.
For the purposes of this subchapter, any notice required by law or by any regulation aforesaid to be served shall be deemed to have been served:
(1) If delivered to the person to be notified, if sent by electronic mail to the last-known electronic mail address of the person to be notified, or if left, at the usual residence or place of business of the person to be notified, with a person of suitable age and discretion then resident therein;
(2) If no such residence or place of business can be found in said District by reasonable search, if left with any person of suitable age and discretion employed therein at the office of any agent of the person to be notified, which agent has any authority or duty with reference to the land or tenement to which said notice relates;
(3) If no such office can be found in the District by reasonable search, if forwarded by first-class mail to the last-known address of the person to be notified, or the person’s agent, as determined by the tax records, business license records, or business entity registration records, and not returned by the post office authorities;
(4) If no address be known or can by reasonable diligence be ascertained, or if any notice forwarded as authorized by paragraph (3) of this section shall be returned by the post office authorities, if posted in a conspicuous place in or about the property affected by the notice; or
(5) If by reason of an outstanding, unrecorded transfer of title the name of the owner in fact cannot be ascertained beyond a reasonable doubt, if served on the owner of record in the manner hereinbefore in this section provided. Any notice required by law or by any regulation aforesaid to be served on a corporation shall for the purposes of this subchapter be deemed to have been served on any such corporation if served on the president, secretary, treasurer, general manager, or any principal officer of such corporation in the manner hereinbefore provided for the service of notices on natural persons holding property in their own right; and, if required to be served on any foreign corporation, if served on any agent of such corporation personally, or if left with any person of suitable age and discretion residing at the usual residence or employed at the place of business of such agent in the District of Columbia. Every notice aforesaid shall be in writing or printing, or partly in writing and partly in printing; shall be addressed by name to the person to be notified; shall describe with certainty the character and location of the unlawful condition to be corrected; and shall allow a reasonable time to be specified in said notice, within which the person notified may correct such unlawful condition or show cause why he should not be required to do so.
§ 42–3131.04. [Reserved].
Subchapter II. Registration of Vacant Buildings.
§ 42–3131.05. Definitions.
For the purposes of this subchapter, the term:
(1)(A) “Blighted vacant building” means a vacant building that is determined by the Mayor to be unsafe, insanitary, or which is otherwise determined to threaten the health, safety, or general welfare of the community.
(B) In making a determination that a vacant building is a blighted vacant building, the Mayor shall consider the following:
(i) Whether the vacant building is the subject of a condemnation proceeding before the Board of Condemnation and Insanitary Buildings;
(ii) Whether the vacant building is boarded up; and
(iii) Failure to comply with the following vacant building maintenance standards:
(I) Doors, windows, areaways, and other openings are weather-tight and secured against entry by birds, vermin, and trespassers, and missing or broken doors, windows, and other openings are covered;
(II) The exterior walls are free of holes, breaks, graffiti, and loose or rotting materials, and exposed metal and wood surfaces are protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint; or
(III) All balconies, porches, canopies, marquees, signs, metal awnings, stairways, accessory and appurtenant structures, and similar features are safe and sound, and exposed metal and wood surfaces are protected from the elements by application of weather-coating materials, such as paint.
(1A) “Commercial unit” means a building, or part of a building, zoned for commercial purposes under the zoning regulations of the District of Columbia.
(2) “Dwelling unit” means a room, or group of rooms forming a single unit, designed, or intended to be used, for living and sleeping, whether or not designed or intended for the preparation and eating of meals or to be under the exclusive control of the occupant. The term “dwelling unit” shall not include a room, or group of rooms forming a single unit, in a hotel or motel licensed in the District of Columbia, actively operating as a hotel or motel.
(2A) “Fit for occupancy” means ready for immediate occupancy by a tenant without more than minor cosmetic changes.
(3) “Occupied” means:
(A) For purposes of a dwelling unit, the use of one’s residence in improved real property on a regular basis; and
(B) For purposes of a commercial unit, use consistent with zoning regulations, for which there is a current valid certificate of occupancy, and (i) paid utility receipts for the specified period, executed lease agreements, or sales tax return, or (ii) other evidence of use of the building that the Mayor may require by rule.
(4) “Owner” means one or more persons or entities with an interest in real property in the District of Columbia that appears in the real property tax records of the Office of Tax and Revenue, and a tax sale purchaser under § 47-1353(b) or the purchaser’s assignee, as applicable, except where the owner of record is challenging or appealing the vacant status of the real property for the same period.
(4A) “Real property” means real property as defined under § 47-802(1).
(4B) “Related owners” or “related ownership” exists when a deduction for a loss from the sale or exchange of properties between taxpayers would be disallowed under section 267 of the Internal Revenue Code of 1986, approved August 16, 1954 (68A Stat. 78; 26 U.S.C. § 267); provided, that the exclusion under section 267(a)(1) for a loss in a distribution in a complete liquidation shall not apply.
(5) “Vacant building” means real property improved by a building which, on or after April 27, 2001, has not been occupied continuously; provided, that in the case of residential buildings, a building shall only be a vacant building if the Mayor determines that there is no resident for which an intent to return and occupy the building can be shown. When determining whether there is a resident, the Mayor shall consider the following:
(A) Electrical, gas, or water meter either not running or showing low usage;
(B) Accumulated mail;
(C) Neighbor complaint;
(D) No window covering;
(E) No furniture observable;
(F) Open accessibility;
(G) Deferred maintenance, including loose or falling gutters, severe paint chipping, or overgrown grass; and
(H) The dwelling is boarded up.
§ 42–3131.05a. Notice by mail.
(a) Notice shall be deemed to be served properly on the date when mailed by first class mail to the owner of record of the vacant building at the owner’s mailing address as updated in the real property tax records of the Office of Tax and Revenue.
(b) The Mayor shall cause notice also to be posted on the vacant building; provided, that the official notice for legal purposes shall be the notice mailed pursuant to subsection (a) of this section. Unless the Mayor knows with certainty that the vacant building is not eligible for exemption pursuant to § 42-3131.06, the notice shall not be posted by difficult-to-remove adhesive.
(c) A courtesy copy of a notice provided pursuant to subsection (a) of this section shall be mailed or electronically mailed to the Advisory Neighborhood Commission in which the vacant building is located and the status of the building's designation shall be posted on an internet website maintained by the Department of Buildings that is accessible to the public. The courtesy copy required by this subsection shall not be construed to satisfy, nor be construed as necessary to satisfy, the requirements of subsection (a) of this section that notice be properly served by mail.
§ 42–3131.06. Registration of vacant buildings.
(a) Except as provided in subsections (b) and (c) of this section, the owner of a vacant building shall maintain the building in compliance with the requirements of § 42-3131.12 and, within 30 days after it becomes a vacant building, register the building with the Mayor, and pay the registration fee. The Mayor, in his sole discretion, may extend the time for good cause.
(a-1)(1) After the initial designation of a property as vacant or blighted, the Mayor shall not be required to perform additional inspections or surveys to sustain that classification.
(2) After the Mayor has made a final determination that a building is a vacant building or blighted vacant building, that final designation shall remain in effect until the property owner submits information to the Mayor sufficient to warrant a change to that classification.
(a-2)(1)(A) Except as provided in subparagraph (B) of this paragraph, no person except the owner of record or an authorized agent of the owner of record, with proof of authorization from the owner of record, may register a building as vacant.
(B) The Mayor, upon a showing that the owner of record is physically unable to register the property, may allow a relative of the owner of record to register the building as vacant; provided, that the relative can show proof of being a relative and, to the satisfaction of the Mayor, that the owner of record is physically unable to register the property.
(2) This subsection shall not in any way limit the Mayor's authority to register as vacant or blighted any property whose owner fails to register it as required by this chapter.
(3) For the purposes of this section, the term:
(A) "Owner of record" means the person or persons named in the public record as the title holder of a real property.
(B) "Relative" means a spouse, domestic partner, sibling, parent, grandparent, child, grandchild, or the sibling's child, spouse, or domestic partner.
(b) A vacant building shall not be included on the list compiled pursuant to § 42-3131.16 or subject to the registration fee pursuant to § 42-3131.09 if it is:
(1) Owned by the government of the United States or its instrumentalities;
(2) Authorized as exempt from real estate taxes by the United States Department of State's Office of Foreign Missions on the basis of its use for diplomatic or consular purposes or for the official business of an international organization.
(3) Under active construction or undergoing active rehabilitation, renovation, or repair, and there is a building permit to make the building fit for occupancy that was issued, renewed, or extended within 12 months of the required registration date; provided, that the time period for this exemption beginning from the date the initial building permit was issued shall not exceed:
(A) One year for a residential building; provided, that a residential building is eligible to continue to be exempt for an additional 6 months, for a total period not to exceed 18 months, if the Mayor determines that the residential building continues to be under active construction or undergoing active rehabilitation, renovation, or repair and substantial progress has been made toward making the building fit for occupancy; or
(B) Two years for a commercial project;
(3A) Repealed.
(4) In compliance with the requirements of § 42-3131.12 and the housing regulations of the District of Columbia and the owner or his agent has been actively seeking in good faith to rent or sell it; provided, that:
(A) The time period for sale or rent shall not exceed:
(i) One year from the initial listing, offer, or advertisement of sale in the case of residential buildings;
(ii) Two years from the initial listing, offer, or advertisement of sale in the case of commercial buildings; or
(iii) One year from the initial listing, offer, or advertisement to rent; and;
(B) Any leased property exempt under this paragraph shall have a valid certificate of occupancy;
(5)(A) Exempted by the Mayor in extraordinary circumstances and upon a showing of substantial undue economic hardship.
(B) The exemption may be granted for a period not to exceed 12 months from the required registration date, subject to renewal on the basis of continuing extraordinary circumstances and substantial undue economic hardship. The Mayor may withdraw the exemption at any time. Any exemption shall be published in the District of Columbia Register.
(6) Repealed.
(7) For a period not to exceed 24 months, the subject of a probate proceeding or the title is the subject of litigation (not including a foreclosure of the right of redemption action brought under Chapter 13A of Title 47 [§ 47-1330 et seq.]);
(8) For a period not to exceed 12 months, the subject of a pending application for a necessary approval for development before the Board of Zoning Adjustment, the Zoning Commission for the District of Columbia, the Commission on Fine Arts, the Historic Preservation Review Board, the Mayor’s Agent for Historic Preservation, the Department of Public Works, or the National Capital Planning Commission; or
(9) Located on the Water Reed Redevelopment Site, for so long as the building and the land on which the building sits is subject to the ground lease to the Developer.
(c) If a vacant building is owned by the District of Columbia or its instrumentalities, it shall be subject to the registration requirements in subsection (a) of this section and the maintenance requirements in § 42-3131.12, but shall not be subject to the fee requirements under subsection (a) of this section or the fines and penalties collected under § 42-3131.10.
(d) If a present interest in a vacant building registered under this chapter is transferred or otherwise conveyed, a deed shall not be recorded by the Recorder of Deeds until a new registration is filed with the Mayor and the applicable fees and any unpaid taxes assessed against the property are paid.
(e) If the name or address of an owner of a vacant building changes for any reason other than by transfer or conveyance, the change shall be reported to the Mayor in writing within 30 days in the manner provided in § 42-405(b-1).
(f)(1) The cumulative time period for exemption from registration and fee requirements for a vacant building under the same, substantially similar, or related ownership shall not exceed 3 real property tax years.
(2) Notwithstanding paragraph (1) of this subsection, any exemption shall be terminated at the end of the 2007 real property tax year if the building under the same, substantially similar, or related ownership benefited from an exemption under this section or under § 47-813(c-6) during 3 or more real property tax years.
(3) The limitations set forth in paragraphs (1) and (2) of this subsection shall not apply to vacant buildings that benefit from the exemption under subsection (b)(1) or (b)(2) of this section.
(4) A vacant building benefiting from an exemption under this section or § 47-813(c-6)(2)(C) or (c-6)(3)(C), on December 27, 2006, shall continue to benefit from the exemption and shall not be required to register or pay fees for the duration permitted under those provisions; provided, that the exemption shall not be valid after September 30, 2007; provided further, that the vacant building may qualify for an exemption in effect after December 28, 2006 and subject to the time restriction and exclusion set forth in paragraphs (2) and (3) of this subsection.
(g) The total cumulative time for any exemption granted to any property shall not exceed 5 years in any 12-year period, excluding exemptions granted under subsections (b)(1) and (b)(2) of this section.
(h) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], may issue rules to implement the provisions of this chapter. The rules may include a schedule of fines for violations of this chapter.
§ 42–3131.07. Registration and renewal procedure.
(a) At the time of application for the initial registration or renewal of registration of a vacant building, the owner shall arrange with the Mayor for the inspection of the building. On receiving an application for the initial registration or renewal of registration of a vacant building, the Mayor shall thereafter inspect the building. The Mayor shall approve the initial registration or the renewal registration for one year if:
(1) The building has been maintained in accordance with the requirements of § 42-3131.12; and
(2) The vacancy of the building will not:
(A) Be detrimental to the public health, safety, and welfare;
(B) Unreasonably interfere with the reasonable and lawful use and enjoyment of the other premises within the neighborhood; and
(C) Pose a hazard to police officers or firefighters entering the building in an emergency;
(3) The building complies with the fire, building, and housing codes of the District of Columbia;
(4) The continuance of any maintenance work or condition of occupancy is not dangerous to life or property;
(5) No false statements or misrepresentations have been made upon the registration application;
(6) Orders on a building have been complied with and the building complies with any applicable occupancy requirements;
(7) An adequate water supply or facilities for fire fighting purposes is furnished as required in the fire code; and
(8) The Mayor is permitted to inspect the building before initial registration, during the registration period, and before a renewal of registration.
(b) If the owner of a vacant building fails to comply with the provisions of subsection (a) of this section, both initially and throughout the registration period, the Mayor may deny or revoke the owner’s registration and may subject the owner to the penalties provided in § 42-3131.10.
§ 42–3131.08. Notice of denial or revocation of registration.
The owner shall be notified in writing of the denial or revocation of registration of a vacant building and the right to appeal. Upon notice of the denial or revocation, the owner shall not proceed with any operation to which the registration related. If the registration is denied or revoked, no registration fees or parts thereof shall be returned.
§ 42–3131.09. Fees.
(a) As provided in § 42-3131.06(a), the owner of a building shall register the building and pay the registration fee within 30 days after it becomes a vacant building, except if the vacant building is owned by the government of the United States or its instrumentalities or has been authorized as exempt from real estate taxes by the United States Department of State's Office of Foreign Missions on the basis of its use for diplomatic or consular purposes or for the official business of an international organization. The Mayor, in his or her sole discretion, may extend the time for payment for good cause.
(b) Registrations shall be renewed annually from date of initial issuance unless there is a change in ownership.
(c) The initial registration fee shall be $250.
(d) The renewal registration fee shall be $250.
§ 42–3131.10. Penalties for noncompliance.
(a) The failure of the owner of a vacant building to register and pay all required fees under § 42-3131.06(a) or § 42-3131.09 after notice of the designation of the owner’s building as vacant, the determination of delinquency of registration or fee payment, the denial or revocation of registration, the filing by an owner of any false or misleading registration-related information, or the refusal of the owner of a vacant building to permit the Mayor to inspect the building shall, upon conviction thereof, be punished by a fine not to exceed $5,000. The Director of the Department of Buildings shall provide the Office of the Attorney General with a list of all owners who fail to register and pay the required fee after notice.
(b) If the owner of a vacant building fails to maintain the building in compliance with the requirements of § 42-3131.12 or, having obtained a vacant property registration, subsequently fails to comply with the other registration requirements under § 42-3131.07, the Mayor may:
(1) Charge the owner with failure to comply and enforce all applicable penalties under this chapter, and
(2) Take other action as required by the fire, building, and housing codes of the District of Columbia to bring the building into compliance with those codes.
(d) Criminal prosecutions under § 42-3131.05 through § 42-3131.15 shall be brought in the name of the District of Columbia by the Attorney General for the District of Columbia.
§ 42–3131.11. Notice of vacancy designation and right to appeal.
(a) The Mayor shall identify nonregistered vacant buildings in the District, excluding vacant buildings identified in § 42-3131.08, and blighted vacant buildings. The owner shall be notified that the owner’s building has been designated as a vacant building or as a blighted vacant building and of the owner’s right to appeal.
(b) Consistent with § 42-3131.05a(c), a courtesy copy of notice required by this section shall be mailed or electronically mailed to the Advisory Neighborhood Commission in which the building is located, and the status of the building's designation shall be posted on an internet website maintained by the Department of Consumer and Regulatory Affairs that is accessible to the public.
§ 42–3131.12. Vacant building maintenance standard.
A building shall be adequately maintained if:
(1) Doors, windows, areaways, and other openings are weather-tight and secured against entry by birds, vermin, and trespassers, and missing or broken doors, windows, and other openings are covered with 1/2 inch CDX plywood that is weather protected, tightly fitted to the opening, and secured by screws or bolts;
(2) The roof and flashing are sound and tight, will not admit moisture, and are drained to prevent dampness or deterioration in the walls or interior;
(3) The building storm drainage system is adequately sized and installed in an approved manner and functional;
(4) The interior and exterior is maintained in good repair, structurally sound, free from debris, rubbish, and garbage, and sanitary so as not to threaten public health or safety;
(5) The structural members are free of deterioration and capable of safely bearing imposed dead and live loads;
(6) The foundation walls are plumb, free from open cracks and breaks, and vermin-proof;
(7) The exterior walls are free of holes, graffiti, breaks, and loose or rotting materials, and exposed metal and wood surfaces are protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint;
(8) The cornices, belt courses, corbels, terra cotta trim, wall facings, and similar decorative features are safe, anchored, and in good repair, and exposed metal and wood surfaces are protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint;
(9) All balconies, canopies, marquees, signs, metal awnings, stairways, fire escapes, standpipes, exhaust ducts, and similar features are in good repair, anchored, safe and sound, and exposed metal and wood surfaces are protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint;
(10) Chimneys, cooling towers, smokestacks, and similar appurtenances are structurally safe, sound, and in good repair, and exposed metal and wood surfaces are protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint;
(11) Openings in sidewalks are safe for pedestrian travel;
(12) Accessory and appurtenant structures such as garages, sheds, and fences are free from safety, health, and fire hazards; and
(13) The property on which a structure is located is clean, safe, and sanitary and does not threaten the public health or safety.
§ 42–3131.13. Public identification of owner.
The Mayor may cause to be affixed to the property containing a vacant building required to be registered under this chapter a sign setting forth the name of the owner of each unit and any other pertinent information that the Mayor may require to protect the public health and welfare.
§ 42–3131.14. Collection.
(a)(1) Any fees required under § 42-3131.06(a) or § 42-3131.09 that remain unpaid after receipt of the notice under § 42-3131.08 or § 42-3131.11 shall be assessed as a tax against the real property containing the vacant building and shall be subject to § 6-806 and shall constitute a lien against the real property containing the vacant building and the personal property of the owner.
(2) In addition to the lien provided under paragraph (1) of this section, any fees required under § 42-3131.06(a) or § 42-3131.09 that remain unpaid after receipt of the notice under § 42-3131.08 or § 42-3131.11 shall be a continuing and perpetual lien in favor of the District of Columbia upon all property, whether real or personal, of the owner, and shall have the same force and effect as a lien created by judgment. The lien shall attach to all property belonging to the owner at any time during the period of the lien, including any property acquired by the owner after the lien arises. The lien shall have priority over all other liens, except liens for District of Columbia taxes, District of Columbia water charges, and the lien under § 2-1802.03; provided, that the lien shall not be valid against a bona fide purchaser, holder of a security interest, mechanic’s lienor, or judgment lien creditor until notice by filing in the Recorder of Deeds.
(b) All fees and penalties collected under this chapter shall be deposited in the fund established under § 42-3131.01(b)(1) and shall be expended for the general administration, inspection, and abatement costs incurred in the correction of wrongful conditions in vacant buildings and other nuisance properties; provided, that if any fees and penalties are collected as a tax through the real estate tax sale process, the fees and penalties shall be deposited in the fund established under § 42-3131.01(b)(1) after an accounting has been made in accordance with § 47-1340(f).
§ 42–3131.15. Administrative review and appeal.
(a) Within 15 days after the designation of an owner’s building as a vacant building, the determination of delinquency of registration or fee payment, the denial or revocation of registration, or the designation of a vacant building as a blighted vacant building, the owner may petition the Mayor for reconsideration by filing the form prescribed by the Mayor. Within 30 days after receiving the petition, the Mayor shall issue a notice of final determination.
(b) Within 45 days after the date of the notice of final determination under subsection (a) of this section, an owner may file an appeal with the Real Property Tax Appeals Commission for the District of Columbia on the form prescribed by the Mayor; provided, that the notice of final determination under subsection (a) of this section shall be a prerequisite to filing an appeal with the Real Property Tax Appeals Commission for the District of Columbia.
(c) After receiving a notice of appeal from an owner as required under subsection (b) of this section, the Real Property Tax Appeals Commission for the District of Columbia shall provide by mail or electronic mail to the Advisory Neighborhood Commission in which the vacant building is located, at least 15 days before any scheduled hearing on the appeal, the following information related to the building at issue:
(1) The name of the owner of the building, and the building address, to include the square, suffix, and lot numbers;
(2) The determination under review; and
(3) The date, time, and location of the hearing.
(d) The District, through the Office of the Attorney General, may appeal a decision of the Real Property Tax Appeals Commission to the Superior Court of the District of Columbia within 2 months after receipt of the written decision.
§ 42–3131.16. Transmission of list by Mayor.
(a) Semiannually, the Mayor shall transmit to the Office of Tax and Revenue a list of buildings:
(1) Registered as vacant; provided, that for the purposes of this section and § 47-813(d-1)(5)(A-i)(i)(I)(aa), buildings for which the registration has been revoked shall also be deemed registered; and
(2) For which a notice of final determination has been issued under §§ 42-3131.05 through 42-3131.16 and administrative appeals have been exhausted or expired.
(b) The list shall be in the form and medium prescribed by the Office of Tax and Revenue.
(c) Buildings shall remain on the list required by this section until a change in classification is approved pursuant to D.C. Official Code § 47-813(d-1)(5)(A-i)(ii).
§ 42–3131.17. Transmission of list of blighted vacant buildings by Mayor.
(a) Semiannually, the Mayor shall transmit to the Office of Tax and Revenue a list of buildings designated by the Mayor as blighted vacant buildings for which a notice of final determination has been issued under this and administrative appeals have been exhausted or expired.
(b) The list shall be in the form and medium prescribed by the Office of Tax and Revenue.
(c) Buildings shall remain on the list required by this section until a change in classification is approved pursuant to D.C. Official Code § 47-813(d-1)(5)(A-i)(ii).
§ 42–3131.18. Publication of list by the Department of Buildings.
The Department of Buildings shall maintain and publish at least semiannually a list of buildings that are registered as, or have been determined to be, vacant buildings or blighted vacant buildings, or which would have been but for an exemption provided pursuant to § 42-3131.06(b), that specifies for each building, as applicable:
(1) Beginning on or after February 18, 2017, the date that the building was determined to be a vacant building or blighted vacant building or registered as a vacant building pursuant to § 42-3131.06; and
(2) The exemptions, if any, applied to a building pursuant to § 42-3131.06(b) or (c), and the dates during which each exemption applied.
§ 42–3131.19. Vacant and blighted vacant buildings belonging to foreign governments.
(a) The Department of Buildings shall publish and deliver semiannually to the Mayor, the Council, and the United States Department of State's Office of Foreign Missions ("OFM") a list identifying each building that:
(1) Is authorized as exempt from real estate taxes by OFM on the basis of its use for diplomatic or consular purposes or for the official business of an international organization; and
(2) Has been determined to be a vacant building or blighted vacant building pursuant to this chapter.
(b) Nothing in this chapter shall be construed to impose any obligation on any foreign government or other entity relating to any building that has been authorized as exempt from real estate taxes by OFM on the basis of its use for diplomatic or consular purposes or for the official business of an international organization.
