§ 9–606. Failure of owner or occupant to remove — Suit to recover cost.

(a)(1) Upon finding of a violation of § 9-601, the Mayor may issue a notice of infraction to a residential or commercial property.

(2) A person authorized to issue a notice of infraction for a violation of § 9-601 shall not issue the notice to a residential property owner for a violation unless the violation continues to exist 24 hours after the snow or sleet has ceased to fall.

(3) For a residential property, the fine for a violation of § 9-601 shall be no more than $25.

(4) For a commercial property, the fine for a violation of § 9-601 shall be $150.

(b) Notwithstanding a residential or commercial property owner’s delegation of the owner’s responsibility to comply with § 9-601, the owner shall remain liable for payment of a fine issued in accordance with this section; provided, that a property owner may seek reimbursement in the amount of the fine from a tenant, occupant, lessee, or other individual pursuant to the delegation of the owner’s responsibility in a written agreement.

(c) No property owner shall be fined more than once per day per property for a violation of this chapter.

(d)(1) A residential property owner who is 65 years of age or older or who has a disability shall not be found in violation of this chapter, and shall qualify for an exemption.

(2) For the purposes of this subsection, a residential property owner shall qualify as having a disability if the owner has been determined to have a disability pursuant to a government assistance program or has evidence from a medical doctor that he or she is unable to, or should not, undertake the physical activity required to remove sleet or snow.

(e) On or before December 1st of each year, the Mayor shall publicize through public media the obligation to remove sleet or snow pursuant to § 9-601 and the penalties that might be enforced for failure to comply.

(f) Infractions of this chapter shall be adjudicated pursuant to Chapter 8 of Title 8 [§ 8-801 et seq.].