§ 6-805. Cost of work performed by Mayor assessed against property; violation of §§ 6-801 to 6-803; costs of correcting life-or-health threatening condition.

Current through October 23, 2012

(a) The Mayor shall determine the cost and expense of any work performed by him under the authority of §§ 6-801 to 6-804, including the cost of making good damage to adjoining premises (except such as may have resulted from carelessness and willful recklessness in the demolition or removal of any structure) less the amount, if any, received from the sale of old material, and shall assess such costs and expense upon the lot or ground whereon such structure, excavation, or nuisance stands, stood, was dug, was located, or existed, and this amount shall be collected in the manner provided in § 6- 806. Any person, corporation, partnership, syndicate, or company subject to the provisions of §§ 6-801 to 6-803 who shall neglect or refuse to perform any act required by such sections shall be punished by a fine not exceeding $50 for each and every day said person, corporation, partnership, syndicate, or company fails to perform any act required by such sections. Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction by any person, corporation, partnership, syndicate, or company subject to the provisions of §§ 6-801 through 6-803 who shall neglect or refuse to perform any act required by these sections, pursuant to Chapter 18 of Title 2. Adjudication of any infraction shall be pursuant to Chapter 18 of Title 2.

(b) The Mayor may assess all reasonable costs, including administrative costs, of correcting a life-or-health threatening condition pursuant to § 6-804(c) and all expenses incident thereto 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. Monies in the revolving fund established by § 6-711.01(b)(1) shall be available to cover the costs of correcting life-or-health threatening conditions. If an accounting is made in accordance with, and subject to, § 47-1340(f), any amounts assessed and collected as a tax against real property under this section shall be deposited to the credit of the revolving fund.

                
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(Mar. 1, 1899, 30 Stat. 923, ch. 323, § 5; Aug. 22, 1964, 78 Stat. 600, Pub. L. 88-486, § 5; Mar. 10, 1983, D.C. Law 4-205, § 4, 30 DCR 188; Oct. 5, 1985, D.C. Law 6-42, § 472(a), 32 DCR 4450; June 9, 2001, D.C. Law 13-305, § 508(c), 48 DCR 334.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 5-605.

1973 Ed., § 5-505.

Effect of Amendments

D.C. Law 13-305 rewrote the last sentence of subsec. (b) which prior thereto read: "Any amounts assessed and collected as a tax against real property pursuant to this section shall be deposited to the credit of the revolving fund."

Temporary Amendments of Section

For temporary (225 day) amendment of section, see § 8(c) of the Real Property Tax Clarity and Litter Control Administration Temporary Amendment Act of 2001 (D.C. Law 14-8, June 13, 2001, law notification 48 DCR 5916).

Emergency Act Amendments

For temporary (90 day) amendment of section, see § 8(c) of Real Property Tax Clarity and Litter Control Administration Emergency Act of 2001 (D.C. Act 14- 22, March 16, 2001, 48 DCR 2706).

Legislative History of Laws

For legislative history of D.C. Law 4-205, see Historical and Statutory Notes following § 6-804.

Law 6-42, the "Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985," was introduced in Council and assigned Bill No. 6-187, which was referred to the Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on June 25, 1985, and July 9, 1985, respectively. Signed by the Mayor on July 16, 1985, it was assigned Act No. 6- 60 and transmitted to both Houses of Congress for its review.

Law 13-305, the "Tax Clarity Act of 2000", was introduced in Council and assigned Bill No. 13-586, which was referred to the Committee on Finance and Revenue. The Bill was adopted on first and second readings on October 3, 2000, and November 8, 2000, respectively. Signed by the Mayor on December 13, 2000, it was assigned Act No. 13-501 and transmitted to Both Houses of Congress for its review. D.C. Law 13-305 became effective on June 9, 2001.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.