§ 44–104.02. Civil Penalties.

(a) The Mayor may impose one or more of the civil penalties authorized under § 44-509 against persons who:

(1) Maintain or operate an unlicensed ALR; or

(2) Otherwise violate provisions of this chapter.

(b) Notwithstanding any other provision of law, penalties authorized under § 44-509 shall not be imposed by the Mayor unless a violation, cited during an inspection:

(1) Is within the control of the ALR; and

(2) Poses an immediate or serious and continuing danger to the health, safety, welfare, or rights of residents.

(c) If during a follow-up inspection the Mayor determines that violations within the control of the facility which were cited in an immediately prior inspection have not been corrected or have recurred, the Mayor may impose penalties authorized under § 44-509

(d) Appeals under this section may be taken pursuant to subchapter XII of this chapter.