For the purposes of this subchapter, the terms used shall have the same meaning as those defined in § 50-2421.02.
(Sept. 9, 1989, D.C. Law 8-24, § 2, 36 DCR 4575; Feb. 28, 1996, D.C. Law 11-95, § 4, 42 DCR 7180; Apr. 3, 2001, D.C. Law 13-267, § 3, 48 DCR 1248; Oct. 28, 2003, D.C. Law 15-35, § 13(c)(1), 50 DCR 6579.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 40-831.
Effect of Amendments
D.C. Law 13-267 rewrote pars. (1)(D) and (2), which had read:
"(D) That has remained on private property for more than 30 days and is inoperable in that one or more of its major mechanical components, including, but not limited to, engine, transmission, drive train or wheels, is missing or not functional unless such vehicle is kept in an enclosed building completely shielded from the view of individuals on the adjoining properties; or"
"(2) 'Junk vehicle' means any vehicle that is wrecked, dismantled, or in irreparable condition."
D.C. Law 15-35 rewrote the section which had read as follows:
"For the purpose of this chapter, the term:
"(1) 'Abandoned vehicle' means any motor vehicle, trailer, or semitrailer;
"(A) That is inoperable and left unattended on public property for more than 72 hours;
"(B) That has remained illegally on public property for more than 72 hours;
"(C) That has remained on public property for more than 72 hours and:
"(i) Is not displaying current valid registration; or
"(ii) Is displaying registration of another vehicle;
"(D) That has remained on private property for more than 3 months and is inoperable in that one of its major mechanical components, including, but not limited to, engine, transmission, drive train or wheels, is missing or not functional unless such vehicle is kept in an enclosed building completely shielded from the view of individuals on the adjoining properties; or
"(E) That has remained unclaimed for 45 days after proper notice.
"(2) 'Junk vehicle' means any vehicle that has remained on private property for more than 7 days and is inoperable in that more than one of its major mechanical components, including, but not limited to, engine, transmission, drive train or wheels, is missing or not functional unless such vehicle is kept in an enclosed building completely shielded from the view of individuals on the adjoining properties; or any vehicle that is wrecked, dismantled, or in irreparable condition."
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 13(c)(1) of the Removal and Disposition of Abandoned, Dangerous and Other Unlawfully Parked Vehicles Reform Emergency Act of 2002 (D.C. Act 15-104, June 20, 2003, 50 DCR 5534).
For temporary (90 day) amendment of section, see § 13(c)(1) of Removal and Disposition of Abandoned and Other Unlawfully Parked Vehicles Reform Congressional Review Emergency Act of 2003 (D.C. Act 15-171, October 6, 2003, 50 DCR 9163).
Legislative History of Laws
For legislative history of D.C. Law 8-24, see Historical and Statutory Notes following § 50-2622.
Law 11-95, the "Prohibition on Abandoned Vehicles Amendment Act of 1995," was introduced in Council and assigned Bill No. 11-071, which was referred to the Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on November 7, 1995, and December 5, 1995, respectively. Signed by the Mayor on December 19, 1995, it was assigned Act No. 11-178 and transmitted to both Houses of Congress for its review. D.C. Law 11-95 became effective on February 28, 1996.
Law 13-267, the "Prohibition on Abandoned Vehicles Amendment Act of 2000", was introduced in Council and assigned Bill No. 13-407, which was referred to the Committee on Public Works and the Environment. The Bill was adopted on first and second readings on November 8, 2000, and December 5, 2000, respectively. Signed by the Mayor on January 5, 2001, it was assigned Act No. 13-557 and transmitted to both Houses of Congress for its review. D.C. Law 13-267 became effective on April 3, 2001.
For Law 15-35, see notes following § 50-2201.03.
Effective Dates
Section 12 of D.C. Law 8-24 provided that the act shall take effect after a 30- day period of Congressional review following approval by the Mayor (or in the event of veto by the Mayor, action by the Council of the District of Columbia to override the veto) as provided in § 1-206.02(c)(1), and publication in either the District of Columbia Register, the District of Columbia Statutes-at-Large, or the District of Columbia Municipal Regulations; or by November 1, 1989, whichever occurs later. D.C. Law 8-24 was effective September 9, 1989.
Miscellaneous Notes
Effect of repeal provisions: Section 14 of D.C. Law 15-35 provides: "Any repeal of a law or regulation by this act shall not invalidate any enforcement action, adjudication, or any other action made or taken pursuant to such law or regulation."
Application of Law 15-35: Section 15 of D.C. Law 15-35 provides: "This act shall apply to all vehicles impounded after its effective date. This act shall also apply to all vehicles impounded prior to its effective date provided that notice is sent to the owners and lien holders in accordance with the provisions of subsections 7(b) or (c), as is applicable."
(a) There is established an Abandoned and Junk Vehicle Division of the Department of Public Works ("Abandoned and Junk Vehicle Division"), which shall be responsible for the removal of any abandoned or dangerous vehicle from any public or private property including any public space. The Abandoned and Junk Vehicle Division shall:
(1) Determine whether the vehicle is an abandoned or dangerous vehicle in accordance with § 50-2421.02;
(2) Determine whether the vehicle has been stolen and relinquish custody of the vehicle to the Metropolitan Police Department, if the vehicle has been stolen;
(3) Place or mail, as applicable, the appropriate warning notice described in §§ 50-2421.04 and 50-2421.05;
(4) Impound any abandoned or dangerous vehicle, if appropriate;
(5) Mail the impoundment notice required by § 50-2421.07(b) to the owner and lienholders of any impounded vehicle;
(6) Sell or dispose of unclaimed impounded vehicles, including all items of personal property left therein, pursuant to § 50-2421.10;
(7) Repealed; and
(8) Repealed.
(b) The Mayor shall use personnel who are charged with private or public space inspection, sanitation inspection, and traffic and parking enforcement responsibilities to investigate and place warning notices on abandoned and junk vehicles.
(c) The Mayor shall encourage all District government agencies and residents to identify and report abandoned and junk vehicles to the Abandoned and Junk Vehicle Division and shall, within 90 days of September 9, 1989, implement an educational campaign to accomplish this task.
(Sept. 9, 1989, D.C. Law 8-24, § 3, 36 DCR 4575; Apr. 20, 1999, D.C. Law 12-261, § 3003, 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-35, § 13(c)(2), 50 DCR 6579.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 40-832.
1981 Ed., § 40-832.
Effect of Amendments
D.C. Law 15-35, in subsec. (a), substituted "any abandoned or dangerous vehicle" for "any abandoned or junk vehicle" and "space" for "highway" in the introductory paragraph, rewrote pars. (1), (3), (5), and (6), inserted "or dangerous" after "abandoned" in par. (4), and repealed pars. (7) and (8). Prior to amendment, pars. (1), (3), (5), (6), (7), and (8) had read as follows:
"(1) Determine whether the vehicle is an abandoned or junk vehicle in accordance with § 50-2401;
"(3) Place a conspicuous warning notice on the vehicle that informs the owner that unless the vehicle is removed within 72 consecutive hours it shall be removed by the District government, if the Abandoned and Junk Vehicle Division has reason to believe that the vehicle is abandoned;
"(4) Impound any abandoned vehicle, if appropriate;
"(5) Notify the owner and any lien holder of record in the Office of the Recorder of Deeds of the District of Columbia that the abandoned vehicle will be sold at public auction if not reclaimed within 45 days after the date of the notice;
"(6) Sell any abandoned vehicle at public auction and use the proceeds of the sale in accordance with § 50-2623;
"(7) Place a conspicuous warning notice on a junk vehicle on public property that informs the owner that the District government shall tow and transfer the vehicle and recycle, dismantle, salvage, or demolish the vehicle immediately; and
"(8) Implement and enforce Chapter 8 of Title 6, with respect to a junk vehicle on private property, if the junk vehicle has been deemed a nuisance."
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 13(c)(2) of the Removal and Disposition of Abandoned, Dangerous and Other Unlawfully Parked Vehicles Reform Emergency Act of 2002 (D.C. Act 15-104, June 20, 2003, 50 DCR 5534).
For temporary (90 day) amendment of section, see § 13(c)(2) of Removal and Disposition of Abandoned and Other Unlawfully Parked Vehicles Reform Congressional Review Emergency Act of 2003 (D.C. Act 15-171, October 6, 2003, 50 DCR 9163).
Legislative History of Laws
For legislative history of D.C. Law 8-24, see Historical and Statutory Notes following § 50-2622.
Law 12-261, the "Second Omnibus Regulatory Reform Amendment Act of 1998," was introduced in Council and assigned Bill No. 12-845, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on December 1, 1998, and December 15, 1998, respectively. Signed by the Mayor on December 31, 1998, it was assigned Act No. 12-615 and transmitted to both Houses of Congress for its review. D.C. Law 12-261 became effective on April 20, 1999.
For Law 15-35, see notes following § 50-2201.03.
Effective Dates
Section 12 of D.C. Law 8-24 provided that the act shall take effect after a 30- day period of Congressional review following approval by the Mayor (or in the event of veto by the Mayor, action by the Council of the District of Columbia to override the veto) as provided in § 1-206.02(c)(1), and publication in either the District of Columbia Register, the District of Columbia Statutes-at-Large, or the District of Columbia Municipal Regulations; or by November 1, 1989, whichever occurs later. D.C. Law 8-24 was effective September 9, 1989.
Miscellaneous Notes
Short title: See Historical and Statutory Notes following § 50-2401.
Effect of repeal provisions: Section 14 of D.C. Law 15-35 provides: "Any repeal of a law or regulation by this act shall not invalidate any enforcement action, adjudication, or any other action made or taken pursuant to such law or regulation."
Application of Law 15-35: Section 15 of D.C. Law 15-35 provides: "This act shall apply to all vehicles impounded after its effective date. This act shall also apply to all vehicles impounded prior to its effective date provided that notice is sent to the owners and lien holders in accordance with the provisions of subsections 7(b) or (c), as is applicable."
(Sept. 9, 1989, D.C. Law 8-24, § 4, 36 DCR 4575; Oct 28, 2003, D.C. Law 15-35, § 13(c)(3), 50 DCR 6579.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 40-833.
Emergency Act Amendments
For temporary (90 day) repeal of section, see § 13(c)(3) of the Removal and Disposition of Abandoned, Dangerous and Other Unlawfully Parked Vehicles Reform Emergency Act of 2002 (D.C. Act 15-104, June 20, 2003, 50 DCR 5534).
For temporary (90 day) repeal of section, see § 13(c)(3) of Removal and Disposition of Abandoned and Other Unlawfully Parked Vehicles Reform Congressional Review Emergency Act of 2003 (D.C. Act 15-171, October 6, 2003, 50 DCR 9163).
Legislative History of Laws
See note § 40-812.1.
For Law 15-35, see notes following § 50-2201.03.
Effective Dates
Section 12 of D.C. Law 8-24 provided that the act shall take effect after a 30- day period of Congressional review following approval by the Mayor (or in the event of veto by the Mayor, action by the Council of the District of Columbia to override the veto) as provided in § 1-206.02(c)(1), and publication in either the District of Columbia Register, the District of Columbia Statutes-at-Large, or the District of Columbia Municipal Regulations; or by November 1, 1989, whichever occurs later. D.C. Law 8-24 was effective September 9, 1989.
Miscellaneous Notes
Short title: See Historical and Statutory Notes following § 50-2401.
Effect of repeal provisions: Section 14 of D.C. Law 15-35 provides: "Any repeal of a law or regulation by this act shall not invalidate any enforcement action, adjudication, or any other action made or taken pursuant to such law or regulation."
Application of Law 15-35: Section 15 of D.C. Law 15-35 provides: "This act shall apply to all vehicles impounded after its effective date. This act shall also apply to all vehicles impounded prior to its effective date provided that notice is sent to the owners and lien holders in accordance with the provisions of subsections 7(b) or (c), as is applicable."
(Sept. 9, 1989, D.C. Law 8-24, § 5, 36 DCR 4575; Nov. 13, 2003, D.C. Law 15-39, § 602, 50 DCR 5668.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 40-834.
Emergency Act Amendments
For temporary (90 day) repeal of section, see § 602 of Fiscal Year 2004 Budget Support Emergency Act of 2003 (D.C. Act 15-105, June 20, 2003, 50 DCR 5613).
For temporary (90 day) deposit of monies from the Abandoned and Junk Vehicle Division Fund into the General Fund, see § 604 of Fiscal Year 2004 Budget Support Emergency Act of 2003 (D.C. Act 15-105, June 20, 2003, 50 DCR 5613).
For temporary (90 day) repeal of section, see § 602 of Fiscal Year 2004 Budget Support Congressional Review Emergency Act of 2003 (D.C. Act 15-149, September 22, 2003, 50 DCR 8360).
For temporary (90 day) deposit of monies from the Abandoned and Junk Vehicle Division Fund into the General Fund, see § 604 of Fiscal Year 2004 Budget Support Congressional Review Emergency Act of 2003 (D.C. Act 15-149, September 22, 2003, 50 DCR 8360).
Legislative History of Laws
For legislative history of D.C. Law 8-24, see Historical and Statutory Notes following § 50-2622.
For Law 15-39, see notes following § 50-901.
Effective Dates
Section 12 of D.C. Law 8-24 provided that the act shall take effect after a 30- day period of Congressional review following approval by the Mayor (or in the event of veto by the Mayor, action by the Council of the District of Columbia to override the veto) as provided in § 1-206.02(c)(1), and publication in either the District of Columbia Register, the District of Columbia Statutes-at-Large, or the District of Columbia Municipal Regulations; or by November 1, 1989, whichever occurs later. D.C. Law 8-24 was effective September 9, 1989.
Miscellaneous Notes
Short title: See Historical and Statutory Notes following § 50-2401.
Short title of subtitle A of title VI of Law 15-39: Section 601 of D.C. Law 15-39 provided that subtitle A of title VI of the act may be cited as the Abandoned and Junk Vehicle Division Fund Amendment Act of 2003.
Section 604 of D.C. Law 15-39 provides: "Upon the effective date of this title, any monies that are in the Abandoned and Junk Vehicle Division Fund shall upon its dissolution be deposited into the General Fund."
Within 90 days of September 9, 1989, the Mayor shall transfer jurisdiction of the Blue Plains Impoundment Lot from the Metropolitan Police Department to the Department of Public Works to store and auction abandoned vehicles and submit a feasibility study with recommendations on the use of private contractors to store and auction abandoned vehicles.
(Sept. 9, 1989, D.C. Law 8-24, § 8, 36 DCR 4575.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 40-835.
Legislative History of Laws
For legislative history of D.C. Law 8-24, see Historical and Statutory Notes following § 50-2622.
Effective Dates
Section 12 of D.C. Law 8-24 provided that the act shall take effect after a 30- day period of Congressional review following approval by the Mayor (or in the event of veto by the Mayor, action by the Council of the District of Columbia to override the veto) as provided in § 1-206.02(c)(1), and publication in either the District of Columbia Register, the District of Columbia Statutes-at-Large, or the District of Columbia Municipal Regulations; or by November 1, 1989, whichever occurs later. D.C. Law 8-24 was effective September 9, 1989.
Within 90 days from September 9, 1989, the Mayor shall, pursuant to subchapter I of Chapter 5 of Title 2, issue rules to implement the provisions of this act. The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day review period, the proposed rules shall be deemed approved.
(Sept. 9, 1989, D.C. Law 8-24, § 11, 36 DCR 4575.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 40-836.
Emergency Act Amendments
For temporary (90 day) provisions for the removal and disposition of abandoned, dangerous, and unlawfully parked vehicles, see §§ 2 to 12, 14, and 15 of the Removal and Disposition of Abandoned, Dangerous and Other Unlawfully Parked Vehicles Reform Emergency Act of 2002 (D.C. Act 15-104, June 20, 2003, 50 DCR 5534).
Legislative History of Laws
For legislative history of D.C. Law 8-24, see Historical and Statutory Notes following § 50-2622.
Effective Dates
Section 12 of D.C. Law 8-24 provided that the act shall take effect after a 30- day period of Congressional review following approval by the Mayor (or in the event of veto by the Mayor, action by the Council of the District of Columbia to override the veto) as provided in § 1-206.02(c)(1), and publication in either the District of Columbia Register, the District of Columbia Statutes-at-Large, or the District of Columbia Municipal Regulations; or by November 1, 1989, whichever occurs later. D.C. Law 8-24 was effective September 9, 1989.
References in Text
"This act", referred to in the first sentence, is D.C. Law 8-24.
