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Current through October 23, 2012
(a)(1) An owner of a single-family residence who fails to comply with the provisions of this subchapter shall be assessed a civil penalty of $100 for each violation.
(2) An owner of a building containing 2, 3, or 4 dwelling or rooming units who fails to comply with the provisions of this subchapter shall be assessed a civil fine of $200 for each violation.
(3) An owner of a building containing 5 or more dwelling units or any hotel, motel, hospital, nursing home, or residential custodial care facility unit who fails to comply with the provisions of this subchapter shall be assessed a civil penalty of $300 for each violation.
(b) For the purpose of this section, each day a dwelling unit, hotel, motel, hospital, nursing home, or residential custodial care facility fails to comply with this subchapter shall constitute a separate violation.
(c)(1) Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of this subchapter, or any rules or regulations issued under the authority of this subchapter, pursuant to Chapter 18 of Title 2. Adjudication of any infraction of this subchapter shall be pursuant to Chapter 18 of Title 2.
(2) After a 45-day period of Council review, the Mayor shall issue the procedures described in paragraph (1) of this subsection pursuant to subchapter I of Chapter 5 of Title 2, provided that the Council of the District of Columbia does not disapprove the rules, by resolution, within 45 days of their submission to the Council, excluding Saturdays, Sundays, holidays, and days during which the Council is in recess.
(d) To enforce this subchapter, the Mayor may seek either the civil penalties in this section or the criminal penalties in § 2104 of The Housing Code of the District of Columbia or § 6-1406(a) and (b), but the Mayor shall not seek both the civil penalties and the criminal penalties to enforce a related series of violations.
(June 20, 1978, D.C. Law 2-81, § 9a, as added Mar. 13, 1985, D.C. Law 5- 139, § 2, 31 DCR 5751; Mar. 21, 1987, D.C. Law 6-216, § 13(e), 34 DCR 1072; May 10, 1989, D.C. Law 7-231, § 19, 36 DCR 492; Mar. 8, 1991, D.C. Law 8-237, § 29, 38 DCR 314.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 5-537.
Legislative History of Laws
Law 5-139, the "Smoke Detector Act of 1978 Amendment Act of 1984," was introduced in Council and assigned Bill No. 5-418, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on September 12, 1984, and October 9, 1984, respectively. Signed by the Mayor on October 25, 1984, it was assigned Act No. 5-197 and transmitted to both Houses of Congress for its review.
For legislative history of D.C. Law 6-216, see Historical and Statutory Notes following § 6-701.12.
For legislative history of D.C. Law 7-231, see Historical and Statutory Notes following § 6-703.01.
Law 8-237, the "Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985 Technical and Clarifying Amendments Act of 1990," was introduced in Council and assigned Bill No. 8-203, which was referred to the Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on December 4, 1990, and December 18, 1990, respectively. Signed by the Mayor on December 27, 1990, it was assigned Act No. 8-320 and transmitted to both Houses of Congress for its review.
References in Text
"Section 2104 of The Housing Code of the District of Columbia," referred to in subsection (d) of this section, is classified to 14 DCMR § 102.1.
