D.C. Act 24-351. Urban Forest Preservation Stop Work Order Authority Emergency Amendment Act of 2022.

AN ACT

To amend, on an emergency basis, the Urban Forest Preservation Act of 2002 to authorize the Mayor to issue stop work orders to preserve Special Trees and Heritage Trees.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Urban Forest Preservation Stop Work Order Authority Emergency Amendment Act of 2022".

Sec. 2. The Urban Forest Preservation Act of 2002, effective June 12, 2003 (D.C. Law 14-309; D.C. Official Code § 8-651.01 et seq.), is amended as follows:

(a) Section 108 (D.C. Official Code § 8-651.08) is amended as follows:

(1) The existing text is designated as subsection (a).

(2) A new subsection (b) is added to read as follows:

"(b)(1) In addition to or instead of imposing a civil fine, penalty, or fee under subsection (a) of this section, the Mayor may issue a stop work order, which, upon service, would mandate the cessation or holding of work, if the Mayor finds that any work is being performed, or may be performed imminently, in violation of the provisions of this act. A stop work order under this subsection shall be in writing and in a form prescribed by the Mayor.

"(2) A stop work order under this subsection shall contain:

"(A) The reason for the stop work order;

"(B) The conditions under which the cited work will be permitted to resume;

"(C) The address of the property;

"(D) The specific areas of the property and specific activities covered by the stop work order;

"(E) The specific section of this act that was violated or that may be imminently violated; and

"(F) A description of the right to request review of the stop work order under paragraph (6) of this subsection, information on how to request such review, and the deadline to file such a request.

"(3)(A) No stop work order under this subsection shall be issued or considered valid unless it contains all of the information specified in paragraph (2) of this subsection and the signature of the issuing official.

"(B) A stop work order issued pursuant to this subsection shall be narrowly tailored to mandate only the cessation or holding of the portion of work that would violate the provisions of this act.

"(4) The Mayor shall effect service of a stop work order by:

"(A) Personal service on the property owner or on the property owner's agent; or

"(B) Posting the stop work order in a conspicuous location on the property subject to the stop work order.

"(5) The Mayor shall lift the stop work order when the Mayor determines that the violation or potential violation leading to the issuance of the stop work order has been corrected or abated to the satisfaction of the Mayor.

"(6)(A) No later than 10 business days after receiving notice of a stop work order, the property owner or the property owner's agent may request review by the Mayor and shall state, in writing, the grounds for the requested review.

"(B) Upon receipt of a request for review that complies with subparagraph (A) of this paragraph, the Mayor shall affirm, modify, or reverse the stop work order within 15 business days after receipt of the request. If the Mayor does not act upon the review request within the 15 business day period, the stop work order shall be reversed. A decision of the Mayor under this subparagraph shall be a final decision on the specific issue in the review request.

"(7) Before a stop work order under this subsection is issued, the Mayor may issue a warning notice to the property owner or the property owner's agent.

"(8) A violation of a stop work order issued under this subsection shall constitute a violation of this act.

"(9) Whenever it appears that any person has violated, or is about to violate, a stop work order issued under this subsection, the Office of the Attorney General for the District of Columbia may bring an action in the Superior Court of the District of Columbia for injunctive relief.".

(b) A new section 110 is added to read as follows:

"Sec. 110. Rules.

"The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), shall issue rules to implement the provisions of this act.".

Sec. 3. Fiscal impact statement.

The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (12 Stat. 2038; D.C. Official Code § 1-301.47a).

Sec. 4. Effective date.

This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), and shall remain in effect for no longer than 90 days, as provided for emergency acts of the Council of the District of Columbia in section 412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; D.C. Official Code § 1-204.12(a)).