To: President Donald Trump, Mayor Muriel Bowser, Mayor, Brianne Nadeau, Councilmember Ward 1, The Washington State House, The Washington State Senate, Governor Jay Inslee, The United States House of Representatives, and The United States Senate
Enforce Illegal Pop-Up Laws Immediately in Washington, DC.
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In Washington, DC, government officials and lawmakers need to enforce and regulate illegal pop-up laws and regulations immediately when they occur. The DCRA should be made to issue violations immediately when it is found that a developer and property owner has violated the illegal pop-up codes and be forced to tear down, remove, and/or demolish the illegal pop-up.
Why is this important?
In Washington, DC, developers are not following permitting and zoning laws set forth by DC Ordinances. Homeowners are being effected by having to make substantial repairs when their property has been damaged. Further, other burdens such as lawsuits, attorney fees, and court cost is forced on the homeowner. This burden is forced on the homeowner who are mainly working families. These families have limited resources from the beginning and cannot assume this cost.
The DC Laws that regulate illegal pop-ups are as follows:
104.3 Notices and Orders. The code official shall issue all necessary notices or orders to ensure compliance with the Construction Codes, and shall institute administrative and legal actions to correct violations or infractions, including actions pursuant to An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District, and for other purposes, approved April 14, 1906 (34 Stat. 114; D.C. Official Code § 42-3131.01 et seq. (2012 Repl.)), and the Due Process Demolition Act of 2002, effective April 19, 2002 (D.C. Law 14-114; D.C. Official Code § 42-3171.01 et seq. (2012 Repl.)).
113.7 Illegal Construction. Without limiting any of the penalties or remedies for violations of the Construction Codes, or the Department’s enforcement authority set forth in this Section 113 or elsewhere, if a building or other structure or part thereof is being erected, constructed reconstructed converted or altered, or has been erected, constructed, reconstructed, converted, or altered in violation of the Construction Codes or the Zoning Regulations, said actions shall constitute illegal construction, and the code official is authorized to order ongoing work to stop and that the condition be corrected within a specified time frame deemed reasonable by the code official. Service of the order shall be made in accordance with Section 113.2.1.
113.7.1 Civil Fines. Notwithstanding the issuance of a stop work order or an order to correct, relating to the illegal construction, the code official is authorized to issue civil fines pursuant to Section 113.6 of the Building Code, and each day thereafter a violation goes unabated shall be considered a separate offense. Upon adjudication of the civil fines provided for in this section, the code official is authorized to assess any unpaid fines as a tax against the property on which the violation occurred, and to carry such tax on the regular tax rolls of the District and collect such tax in the same manner as general taxes.
113.7.2 Fire Safety Hazard; Public Hazard. Should the code official deem the condition to be a fire safety hazard or otherwise constitute a hazard to the public, the code official is authorized pursuant to D.C. Official Code § 42-3131.01(c) (2012 Repl.) to cause such condition to be corrected, to assess the cost of correcting such condition and all expenses incident thereto, including fees or charges authorized or imposed in the Building Code, as a tax against the property on which such condition existed or from which such condition arose, as the case may be, and to carry such tax on the regular tax rolls of the District and collect such tax in the same manner as general taxes.
113.8 Injunction to Restrain Use of a Building in Violation of Construction Codes. The Mayor may file a petition with the Superior Court of the District of Columbia for an injunction to restrain the use or occupancy of any building, other structure, or part thereof, in violation of any of the provisions of the Construction Codes or the Zoning Regulations.
113.9 Transfer of ownership. It shall be unlawful for the owner of any building or other structure upon whom a notice of violation or order has been served to sell, transfer, mortgage, lease or otherwise dispose of such building or other structure to another person or entity until the provisions of the notice or order have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any notice or order issued by the code official and shall furnish to the code official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such notice or order and fully accepting responsibility without condition for making the corrections or repairs required by such notice or order.
SOURCE: Final Rulemaking published at 61 DCR 2782 (March 28, 2014 – Part 2).
The District of Columbia Building Code (2013), referred to as the “Building Code,” consists of the 2012 edition of the International Building Code as amended by the District of Columbia Building Code Supplement (2013)(12 DCMR A). The International Building Code is copyrighted by the International Code Council and therefore is not republished here. However, a copy of the text may be obtained at:
http://publicecodes.cyberregs.com/icod/ibc/2012/index.htm?bu=IC-P-2012-000001&bu2=IC-P-2012-000019
Harriet Frost
The DC Laws that regulate illegal pop-ups are as follows:
104.3 Notices and Orders. The code official shall issue all necessary notices or orders to ensure compliance with the Construction Codes, and shall institute administrative and legal actions to correct violations or infractions, including actions pursuant to An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District, and for other purposes, approved April 14, 1906 (34 Stat. 114; D.C. Official Code § 42-3131.01 et seq. (2012 Repl.)), and the Due Process Demolition Act of 2002, effective April 19, 2002 (D.C. Law 14-114; D.C. Official Code § 42-3171.01 et seq. (2012 Repl.)).
113.7 Illegal Construction. Without limiting any of the penalties or remedies for violations of the Construction Codes, or the Department’s enforcement authority set forth in this Section 113 or elsewhere, if a building or other structure or part thereof is being erected, constructed reconstructed converted or altered, or has been erected, constructed, reconstructed, converted, or altered in violation of the Construction Codes or the Zoning Regulations, said actions shall constitute illegal construction, and the code official is authorized to order ongoing work to stop and that the condition be corrected within a specified time frame deemed reasonable by the code official. Service of the order shall be made in accordance with Section 113.2.1.
113.7.1 Civil Fines. Notwithstanding the issuance of a stop work order or an order to correct, relating to the illegal construction, the code official is authorized to issue civil fines pursuant to Section 113.6 of the Building Code, and each day thereafter a violation goes unabated shall be considered a separate offense. Upon adjudication of the civil fines provided for in this section, the code official is authorized to assess any unpaid fines as a tax against the property on which the violation occurred, and to carry such tax on the regular tax rolls of the District and collect such tax in the same manner as general taxes.
113.7.2 Fire Safety Hazard; Public Hazard. Should the code official deem the condition to be a fire safety hazard or otherwise constitute a hazard to the public, the code official is authorized pursuant to D.C. Official Code § 42-3131.01(c) (2012 Repl.) to cause such condition to be corrected, to assess the cost of correcting such condition and all expenses incident thereto, including fees or charges authorized or imposed in the Building Code, as a tax against the property on which such condition existed or from which such condition arose, as the case may be, and to carry such tax on the regular tax rolls of the District and collect such tax in the same manner as general taxes.
113.8 Injunction to Restrain Use of a Building in Violation of Construction Codes. The Mayor may file a petition with the Superior Court of the District of Columbia for an injunction to restrain the use or occupancy of any building, other structure, or part thereof, in violation of any of the provisions of the Construction Codes or the Zoning Regulations.
113.9 Transfer of ownership. It shall be unlawful for the owner of any building or other structure upon whom a notice of violation or order has been served to sell, transfer, mortgage, lease or otherwise dispose of such building or other structure to another person or entity until the provisions of the notice or order have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any notice or order issued by the code official and shall furnish to the code official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such notice or order and fully accepting responsibility without condition for making the corrections or repairs required by such notice or order.
SOURCE: Final Rulemaking published at 61 DCR 2782 (March 28, 2014 – Part 2).
The District of Columbia Building Code (2013), referred to as the “Building Code,” consists of the 2012 edition of the International Building Code as amended by the District of Columbia Building Code Supplement (2013)(12 DCMR A). The International Building Code is copyrighted by the International Code Council and therefore is not republished here. However, a copy of the text may be obtained at:
http://publicecodes.cyberregs.com/icod/ibc/2012/index.htm?bu=IC-P-2012-000001&bu2=IC-P-2012-000019
Harriet Frost