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Current through October 23, 2012
(a) The administrative law judge or attorney examiner shall conduct a hearing on a notice of infraction in accordance with Chapter 5 of this title, except as otherwise provided by this chapter. The Mayor shall bear the burden of establishing an infraction by a preponderance of the evidence.
(b) If a respondent fails, without good cause, to appear at a hearing of which the respondent has been served a notice, the administrative law judge or attorney examiner may proceed with the hearing and enter a final order in the case.
(c) After due consideration of the evidence and arguments, the administrative law judge or attorney examiner shall determine whether the Mayor has established the infraction. Where the Mayor has not established the infraction, the administrative law judge or attorney examiner shall enter an order dismissing the notice of infraction. Where the Mayor has established the infraction, the administrative law judge or attorney examiner shall enter an appropriate written order, which shall set forth findings of fact, conclusions of law, and a sanction.
(d) An order entered pursuant to this section is civil in nature.
(e) Upon a finding that the respondent has committed the infraction, the administrative law judge or attorney examiner may order the respondent to pay a civil fine and, where appropriate, penalties pursuant to § 2-1801.04(a)(2) and costs pursuant to § 2-1801.04(b).
(f) The administrative law judge or attorney examiner may suspend any permit or license which authorizes the respondent to engage in the activity to which the infraction relates if the respondent fails to pay any fines, penalties, and costs, with interest thereon, in accordance with the administrative law judge's or attorney examiner's order. Suspension of the permit or license shall continue until the respondent complies with the administrative law judge's or attorney examiner's order.
(g) Upon request of the respondent, the administrative law judge or attorney examiner may stay the imposition of any sanction imposed pending administrative review.
(h) The Mayor may cause to be entered any final order requiring a respondent to pay fines, penalties, or costs as a judgement against the respondent in the Civil Actions Branch of the Civil Division of 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.
(i)(1) The amount to be paid under a final order shall be a continuing and perpetual lien in favor of the District upon all property, whether real or personal, belonging to the respondent and shall have the same force and effect as a lien created by judgment. Interest shall accrue thereon at the rate of one and 1/2% per month, or part thereof, from the date of the order or default final order.
(2) The lien shall attach to all property belonging to the respondent at any time during the period of the lien, including any property acquired by the respondent after the lien arises.
(3) The lien shall have priority over all other liens, except liens for District taxes and District water charges. The lien shall be satisfied by payment of the amount of the lien to the agency that issued the final order; provided, that the lien shall not be valid as 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.
(4) For reasonable cause shown, the Mayor may abate the amount of the final order.
(5) The Mayor may contract with any person to collect the amount of the lien and remunerate the person by fee, by a percentage of the amount collected, or both.
(6) Notwithstanding the foregoing, if the lien has been converted to a real property tax lien under § 47-1340, the real property tax lien shall be enforced under Chapter 13A of Title 47.
(j) The Mayor may enforce payment of the fines, penalties, costs, and interest imposed against the real property of the respondent as follows:
(1) The agency that issued the notice of infraction shall record a real property tax lien, captioned "Notice of Converted Real Property Tax Lien", with the Recorder of Deeds stating the name of the respondent, describing the real property against which the real property tax lien attaches by square and lot number, and specifying the amount of the real property tax lien. The real property tax lien shall be deemed a delinquent real property tax from the date of the conversion, shall accrue interest at the rate of interest charged for delinquent real property tax, and shall be perpetual. Subject to § 47- 1340(f), payment thereof shall be credited to the General Fund of the District of Columbia. The real property may be sold at the next tax sale, regardless of the date of the conversion, in the same manner, under the same conditions, and subject to the same impositions of interest, costs, expenses, fees, and other charges, as real property sold for delinquent real property tax.
(2) The aggregate amount of the fines, penalties, costs, and interest secured by the lien imposed under subsection (i) of this section may appear on a real property tax bill, and such aggregate amount shall (A) be deemed an additional real property tax to be collected in the same manner and under the same conditions as real property tax is collected, including the sale of the real property for delinquent tax; (B) be credited to the General Fund of the District of Columbia; and (C) be subject to the same penalty and interest provisions as delinquent real property tax is subject as of the date of such real property tax bill. The lien under subsection (i) of this section, with penalty and interest as provided under this section, shall be converted to real property tax as of the due date for payment of the real property tax bill if payment is not made.
(Oct. 5, 1985, D.C. Law 6-42, § 203, 32 DCR 4450; Mar. 8, 1991, D.C. Law 8-237, § 2(i), 38 DCR 314; Apr. 27, 2001, D.C. Law 13-281, § 105(b), 48 DCR 1888; Apr. 13, 2005, D.C. Law 15-354, § 9(b), 52 DCR 2638.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-2713.
Effect of Amendments
D.C. Law 13-281, in subsec. (f), substituted "any fines, penalties, and costs, with interest thereon," for "any fines, penalties, or costs"; amended subsec. (i); and added subsec. (j). Prior to amendment, subsec. (i) read:
"(i) The Mayor may place liens on property for nonpayment of fines, penalties, and costs as follows:
"(1) Whenever the owner of real property in the District of Columbia fails to pay all fines, penalties, or costs associated with a final adjudication under this chapter, the District shall have a continuing lien upon the property and upon any improvements on the property in the amount of the outstanding charges;
"(2) These liens shall have priority over all other liens except liens for District taxes and District water charges; and
"(3) If outstanding charges remain unpaid 90 days after the date to appeal a final adjudication, and no appeal has been taken, the property may be sold for costs at the next tax sale in the same manner and under the same conditions as property sold for delinquent general taxes, if the outstanding charges, together with penalties and costs, have not been paid in full prior to the sale."
D.C. Law 15-354, in par. (1) of subsec. (j), substituted "notice of infraction" for "final order".
Legislative History of Laws
For legislative history of D.C. Law 6-42, see Historical and Statutory Notes following § 2-1801.01.
For legislative history of D.C. Law 8-237, see Historical and Statutory Notes following § 2-1801.06.
For D.C. Law 13-281, see notes following § 2-1801.02.
For Law 15-354, see notes following § 2-534.
