Chapter 8. Litter Control Administration.

§ 8–801. Purpose of chapter.

The purpose of this chapter is to provide civil sanctions and to eliminate criminal liability for violating a variety of local laws and rules, to provide for civil enforcement of these violations, and to establish an expeditious administrative adjudicative system.

(Mar. 25, 1986, D.C. Law 6-100, § 2, 33 DCR 781.)

Prior Codifications

1981 Ed., § 6-2901.

Section References

This section is referenced in § 1-303.23, § 47-2829, and § 47-2862.

Mayor's Orders

D.C. Office of the Clean City Coordinator, see Mayor’s Order 2001-31, March 1, 2001 ( 48 DCR 2383).

Delegation of Authority

Delegation of authority pursuant to Law 6-100, see Mayor’s Order 86-160, September 19, 1986.

Delegation of Authority Pursuant to DC Law 6-100, the “Litter Control Administration Act of 1985;” DC Law 6-42, the “Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985;” DC Law 5-165, the “DC Air Pollution Control Act of 1984;” DC Law 13-172, the “Rodent Control Act of 2000;” and DC Law 6-126, the “Construction Codes Approval and Amendments Act of 1986”, see Mayor’s Order 2002-5, February 1, 2002 ( 49 DCR 911).

§ 8–802. Enforcement of regulations.

(a)(1) The Mayor of the District of Columbia (“Mayor”) shall enforce Chapter 10A of this title and Chapter 10B of this title, §§ 601, 603, 604, 605, 606(a), (c), and (h), 607(a), (b), (c), (d), (e), (f), (g), (h), and (j), 608(a), 609(a), and 612 of Chapter 3 in Title 8 of the District of Columbia Health Regulations, enacted June 29, 1971 (Reg. 71-21; 21 DCMR 700.1 et seq.), §§ 3, 4, 5, 6, and 7 of Solid Waste Collection: Containers to be Used, effective February 21, 1973 (19 DCR 497; 21 DCMR 708), and a number of rules recorded in §§ 2221.6, 2407.12, and 2407.13 of 18 DCMR, §§ 108, 900.7, 900.8, 900.9, 900.10, 1000, 1002, 1008, 1009, 2001.3, 2010 of 24 DCMR. Contested cases arising from violations of the regulations listed in this section shall be adjudicated in accordance with the system provided in §§ 8-804, 8-805, and 8-808.

(2) Violations of the regulations listed in paragraph (1) of this subsection shall be subject to the civil administrative system and the civil sanctions provided in this chapter.

(b) The adjudication system shall comply with Chapter 5 of Title 2 [§ 2-501 et seq.].

(Mar. 25, 1986, D.C. Law 6-100, § 3(a), (b), 33 DCR 781; Oct. 9, 1987, D.C. Law 7-38, § 2(a), 34 DCR 5326; Mar. 16, 1989, D.C. Law 7-226, § 19(a), 36 DCR 595; Feb. 5, 1994, D.C. Law 10-68, § 17, 40 DCR 6311; Oct. 19, 2000, D.C. Law 13-172, § 909(a), 47 DCR 6308; Nov. 16, 2006, D.C. Law 16-175, § 2, 53 DCR 6499; Mar. 20, 2009, D.C. Law 17-314, § 2(a), 56 DCR 200; Mar. 25, 2009, D.C. Law 17-353, § 124(a), 56 DCR 1117; Apr. 27, 2013, D.C. Law 19-289, § 4, 60 DCR 2328; Feb. 26, 2015, D.C. Law 20-154, § 201(a), 61 DCR 9971; Mar. 11, 2015, D.C. Law 20-207, § 5, 61 DCR 12690.)

Prior Codifications

1981 Ed., § 6-2902.

Effect of Amendments

D.C. Law 13-172, in par. (a)(1) following “(’Mayor’)”, removed the phrase “, through the Department of Public Works”, struck the last sentence of the paragraph, which had read, “The Department of Public Works shall hear contested cases arising from violations of the regulations listed in this section in accordance with the adjudicative system provided in §§ 6-2904, 6-2905, and 6-2908.”, and substituted “Contested cases arising from violations of the regulations listed in this section shall be adjudicated in accordance with the system provided in sections 5, 6, and 9.” in its place.

D.C. Law 16-175, in subsec. (a)(1), substituted “and a number of rules recorded in §§ 2407.12 and 2407.13 of 18 DCMR” for “and a number of rules recorded in”.

D.C. Law 17-314, in subsec. (a)(1), substituted “§§ 2221.6, 2407.12, and 2407.13” for “§§ 2407.12 and 2407.13”.

D.C. Law 17-353 validated a previously made technical correction in the punctuation in subsec. (a)(1).

The 2013 amendment by D.C. Law 19-289 would have rewritten (a)(1) to read as follows: “The Mayor of the District of Columbia (‘Mayor’) shall enforce the District of Columbia Solid Waste Management and Multi-Material Recycling Act of 1988, effective March 16, 1989 (D.C. Law 7-226); D.C. Official Code § 8-1001 et seq., §§ 601, 603, 604, 605, 606(a), (c), and (h), 607(a), (b), (c), (d), (e), (f), (g), (h), and (j), 608(a), 609(a), and 612 of Chapter 3 in Title 8 of the District of Columbia Health Regulations, enacted June 29, 1971 (Reg. 71-21; 21 DCMR 700.1 et seq.), §§ 3, 4, 5, 6, and 7 of Solid Waste Collection: Containers to be Used, effective February 21, 1973 (19 DCR 497; 21 DCMR 708), a number of rules recorded in § 2221.6, 2407.12, and 2407.13 of 18 DCMR, §§ 101, 102, 103, 104, 900.7, 900.8, 900.10, 1000, 1001, 1002, 1005, 1008, 1009, 2000, 2001, 2002, and 2010 of 24 DCMR, and any rules relating to signs on public space, public buildings, or other property owned or controlled by the District issued pursuant to sections 1 and 4 of An Act To regulate the erection, hanging, placing, painting, display, and maintenance of outdoor signs and other forms of exterior advertising within the District of Columbia, approved March 3, 1931 (46 Stat. 1486; D.C. Official Code §§ 1-303.21 and 1-303.23).”

The 2015 amendment by D.C. Law 20-154 substituted “the Sustainable Solid Waste Management Amendment Act of 2014” for “the District of Columbia Solid Waste Management and Multi-Material Recycling Act of 1988” in (a)(1).

The 2015 amendment by D.C. Law 20-207 substituted “§§ 108, 900.7, 900.8, 900.9, 900.10, 1000, 1002, 1008, 1009, 2001.3, 2010 of 24 DCMR” for “§§ 101, 102, 103, 104 ,108, 900.7, 900.8, 900.10, 1000, 1001, 1002, 1005, 1008, 1009, 2000, 2001, 2002, and 2010 of 24 DCMR” in (a)(1).

Emergency Legislation

For temporary (90-day) amendment of section, see § 909(a) of the Fiscal Year 2001 Budget Support Emergency Act of 2000 (D.C. Act 13-376, July 24, 2000, 47 DCR 6574).

For temporary (90 day) amendment of section, see § 909(a) of the Fiscal Year 2001 Budget Support Congressional Review Emergency Act of 2000 (D.C. Act 13-438, October 20, 2000, 47 DCR 8740).

For temporary (90 day) amendment of section, see § 4 of the Sign Regulation Emergency Amendment Act of 2012 (D.C. Act 19-387, July 11, 2012, 59 DCR 8491).

For temporary amendment of (a)(1), see § 4 of the Sign Regulation Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-499, October 26, 2012, 59 DCR 12749), applicable after the Mayor’s issuance of a comprehensive final rulemaking governing signs on public space and private property, and with the condition that any order, rule, or regulation in effect under a law replaced by this act shall remain in effect until repealed, amended, or superseded.

Temporary Legislation

Section 4 of D.C. Law 19-181 amended (a)(1) to read as follows:

“(a) (1) The Mayor of the District of Columbia (‘Mayor’) shall enforce the District of Columbia Solid Waste Management and Multi-Material Recycling Act of 1988, effective March 16, 1989 (D.C. Law 7-226; D.C. Official Code § 8-1001 et seq.), §§ 601, 603, 604, 605, 606(a), (c), and (h), 607(a), (b), (c), (d), (e), (f), (g), (h), and (j), 608(a), 609(a), and 612 of Chapter 3 in Title 8 of the District of Columbia Health Regulations, enacted June 29, 1971 (Reg. 71-21; 21 DCMR 700.1 et seq.), §§ 3, 4, 5, 6, and 7 of Solid Waste Collection: Containers to be Used, effective February 21, 1973 ( 19 DCR 497; 21 DCMR 708), a number of rules recorded in §§ 2221.6, 2407.12, and 2407.13 of 18 DCMR, §§ 101, 102, 103, 104, 900.7, 900.8, 900.10, 1000, 1001, 1002, 1005, 1008, 1009, 2000, 2001, 2002, and 2010 of 24 DCMR, and any rules relating to signs on public space issued pursuant to section 1 of An Act To regulate the erection, hanging, placing, painting, display, and maintenance of outdoor signs and other forms of exterior advertising within the District of Columbia, approved March 3, 1931 (46 Stat. 1486; D.C. Official Code § 1-303.21).”

Section 8 of D.C. Law 19-181 provided that any order, rule, or regulation in effect under a law replaced by this act shall remain in effect until repealed, amended, or superseded.

Section 9 of D.C. Law 19-181 provided that sections 3, 4, 5, 6, and 7 of the act shall apply upon the Mayor’s issuance of a comprehensive final rulemaking governing signs on public space and private property pursuant to section 2 of the act.

Section 11(b) of D.C. Law 19-181 provided that the act shall expire after 225 days of its having taken effect.

References in Text

The Sustainable Solid Waste Management Amendment Act of 2014, referred to in the first sentence of subsection (a)(1), is D.C. Law 20-154.

Editor's Notes

Applicability of D.C. Law 19-289, § 4: Section 10 of D.C. Law 19-289 provided that sections 3, 4, 5, 6, 7, and 8 of the act shall not apply until the Mayor’s issuance of a comprehensive final rulemaking governing signs on public space and private property pursuant to section 2 of the act. Section 2 of D.C. Law 19-289 rewrote §§ 1-303.21 and 1-303.23, and repealed § 1-303.22.

Section 9 of D.C. Law 19-289 provided: “Any order, rule, or regulation in effect under a law replaced by this act shall remain in effect until repealed, amended, or superseded.”

Applicability of D.C. Law 20-207: Section 12(c) of D.C. Law 20-207 provided that § 5 of the act shall apply upon the effective date of rules promulgated pursuant to § 50-921.18.

§ 8–803. Investigation and notice of nuisance.

(a) For the purposes of this chapter, the term “nuisance” means a condition or circumstance violative of the provisions listed in § 8-802(a).

(b) The Mayor may, consistent with constitutional safeguards, enter a nonresidential premises and inspect and investigate an allegation about a nuisance. The Mayor may act upon the Mayor’s own information or observation or upon the information or the observation of another person.

(b-1) At least 4 inspectors in the Department of Public Works Solid Waste Education and Enforcement Program shall be designated as Vector Control SWEEP inspectors. The primary responsibility of the Vector Control SWEEP inspectors shall be to investigate:

(1) High-rodent infestation areas; and

(2) The compliance of housing providers with all solid waste regulations enforced by the Department of Public Works relating to the proper storage of solid waste intended to prevent the provision of food, harborage, or breeding places for insects or rodents.

(b-2) The Department shall identify areas in the District most in need of additional vector control resources and shall focus the efforts of the inspectors designated as Vector Control SWEEP inspectors on those areas.

(c)(1) If the Mayor finds on the premises a nuisance actionable under this chapter, then, after the inspection and the investigation, the Mayor shall issue a notice of violation to the person alleged to have created the nuisance or to the property owner.

(2) The notice of violation may be served on the owner, the owner’s authorized agent, the building superintendent, the operator of equipment, or any other responsible individual at the premises or the Mayor may deliver the notice by certified mail to the owner of the premises or to the person responsible for the nuisance or the Mayor may post the notice in a conspicuous place on the premises in violation. If the owner cannot be identified with reasonable certainty, the Mayor may conspicuously post the notice on the premises alleged to be in violation and deliver a copy of the notice to the Director of the Department of Finance and Revenue pursuant to paragraph (3) of this subsection.

(3) The Director of the Department of Finance and Revenue is authorized to receive notices of violation of this chapter on behalf of any resident or non-resident person who owns property in the District, if the person has not provided to the Director of the Department of Finance and Revenue a mailing address. The Director of the Department of Public Works shall post a copy of the notice served on the Director of the Department of Finance and Revenue in a conspicuous place on the property.

(d) The Mayor shall prepare the notice of violation and include in it the following:

(1) The location, date, and time that the nuisance took place or that the Mayor investigated the nuisance;

(2) The law or regulation violated;

(3) The amount of the fine assessed;

(4) The action necessary to abate the nuisance;

(5) The person’s right to request a hearing on the alleged nuisance and the procedure for making the request;

(6) The manner, location, and time for paying the fine or arranging a hearing;

(7) A statement that failure to answer the notice of violation within 14 calendar days after the notice has been issued may result in additional penalties; and

(8) Reinspection information, which includes the date and time of the reinspection and the condition that the property should be in at the time of reinspection.

(e) The Department of Public Works shall keep a copy of the notice of violation and shall attach to it a certificate attesting to the manner that the Mayor issued the notice.

(Mar. 25, 1986, D.C. Law 6-100, § 4, 33 DCR 781; Sept. 20, 1989, D.C. Law 8-31, § 2(a)-(d), 36 DCR 4750; Sept. 18, 2007, D.C. Law 17-20, § 6112, 54 DCR 7052.)

Prior Codifications

1981 Ed., § 6-2903.

Effect of Amendments

D.C. Law 17-20 added subsecs. (b-1) and (b-2).

Emergency Legislation

For temporary (90 day) amendment of section, see § 6112 of Fiscal Year 2008 Budget Support Emergency Act of 2007 (D.C. Act 17-74, July 25, 2007, 54 DCR 7549).

Short Title

Short title: Section 6111 of D.C. Law 17-20 provided that subtitle L of title VI of the act may be cited as the “Vector Control SWEEP Inspectors Designation Amendment Act of 2007”.

References in Text

Pursuant to the Office of the Chief Financial Officer’s “Notice of Public Interest” published in the April 18, 1997, issue of the District of Columbia Register ( 44 DCR 2345) the Office of Tax and Revenue assumed all of the duties and functions previously performed by the Department of Finance and Revenue, as set forth in Commissioner’s Order 69-96, dated March 7, 1969. This action was made effective January 22, 1997, nunc pro tunc.

§ 8–804. Response to notice of violation.

(a) In response to a notice of violation, a person issued a notice may do 1 of the following:

(1) Admit the violation;

(2) Admit the violation, but with an explanation; or

(3) Deny the violation.

(b) Except as provided in subsection (c) of this section, no response other than those listed in subsection (a) of this section shall be regarded as an answer.

(c) A person who appears at an administrative hearing pursuant to § 8-805 and refuses to respond by admitting, by admitting with explanation, or by denying the violation shall be regarded as having denied the violation according to subsection (a)(3) of this section.

(d) A person admitting the violation shall pay the civil fine in person or by mail and shall certify on the back of the notice that the nuisance has been abated. If upon reinspection it is revealed that the nuisance still exists, the Mayor may impose the sanction provided in § 8-807(d).

(e) A person admitting the violation with explanation or a person denying the violation shall schedule a hearing within 14 calendar days after the date the Mayor issued the notice.

(f) If a person to whom a notice of violation has been issued fails to respond to the notice within 14 calendar days after the date the notice was issued, then the person shall be liable for a penalty equal to the civil fine plus the costs of abating the nuisance or of preventing the violation from recurring as provided in § 8-807(c)(2) and (d).

§ 8–805. Hearing.

(a) A hearing for judging a violation actionable under this chapter shall be held before a hearing examiner referred to in § 8-808, and the hearing shall be conducted according to subchapter I of Chapter 5 of Title 2.

(b)(1) After due consideration of the evidence and arguments made at the hearing, the hearing examiner shall determine whether the violation has been established by a preponderance of evidence.

(2) Where a determination is made that a violation is not established, an order dismissing the charge shall be entered.

(3) Where a determination is made that the violation has been established, an appropriate order shall be entered in the records of the hearing.

(c) In the case of a person who is found liable for a violation, the hearing examiner may order the respondent to do any or all of the following:

(1) To abate the nuisance;

(2) To pay the civil fine established or stated in § 8-807(b) and (c); or

(3) If the person consents, to perform a specified number of hours of volunteer community service as provided for in § 8-807(e) and in rules required by § 8-810.

(d) An order rendered pursuant to a determination that a violation has been established, or pursuant to the receipt of a response admitting the violation, shall be a civil order.

(e) A person who has responded to a notice of violation and fails, without good cause, to appear at the scheduled hearing shall be liable for a penalty equal to twice the amount of the civil fine plus any costs of abating or preventing the violation consistent with provisions of § 8-807.

(f) If a person to whom a notice of violation has been issued fails to appear at a hearing, then the hearing examiner may proceed with the hearing and render a final disposition of the case.

(g) Repealed.

(Mar. 25, 1986, D.C. Law 6-100, § 6, 33 DCR 781; May 20, 1994, D.C. Law 10-117, § 8(a)(1), 41 DCR 524; Mar. 6, 2002, D.C. Law 14-78, § 2(a), 48 DCR 11262).)

Prior Codifications

1981 Ed., § 6-2905.

Section References

This section is referenced in § 8-802, § 8-804, § 8-806, § 8-808, and § 8-810.

Effect of Amendments

D.C. Law 14-78 repealed subsec. (g) which had read:

“(g) Subject to the enactment of appropriations, civil fines, solid waste disposal fees, and other related fees collected from solid waste disposers and the proceeds from the sale of forfeited conveyances shall be used to offset the cost of implementing this chapter, and abating solid waste nuisances. Subject to the enactment of appropriations, excess monies shall be used to fund recycling activities in accordance with § 8-1015.”

Emergency Legislation

For temporary amendments of section, see § 7(a)(1) of the Illegal Dumping Enforcement Emergency Act of 1993 (D.C. Act 10-89, August 4, 1993, 40 DCR 6074) and § 7(a)(1) of the Illegal Dumping Enforcement Congressional Recess Emergency Act of 1993 (D.C. Act 10-138, November 1, 1993, 40 DCR 7741).

Temporary Legislation

For temporary (225 day) amendment of section, see § 7(a)(1) of Illegal Dumping Enforcement Temporary Act of 1993 (D.C. Law 10-62, November 20, 1993, law notification 40 DCR 8455).

§ 8–806. Reinspection of premises.

(a) The Mayor shall reinspect a premises for which a notice of violation has been issued and for which abatement has been required.

(b) The reinspection shall occur within a reasonable time of the date of issuance of the notice of violation or within a reasonable time of a hearing examiner order pursuant to § 8-805(c), and the reinspection shall be for the purposes of assessing and verifying the abatement.

(c) If the Mayor determines that the nuisance has not been abated satisfactorily, then the Mayor shall abate the nuisance and may impose the sanction provided in § 8-807(d).

§ 8–807. Penalties for violations.

(a) The Mayor may impose any or all sanctions stated in this section.

(b)(1) The Mayor shall prepare and the Council of the District of Columbia (“Council”) shall approve a schedule of fines for violating rules listed in § 8-802, and the fines, when adopted, shall be printed in the D.C. Register and in 1 or more of the daily newspapers published in the District of Columbia (“District”).

(2) The schedule shall not be enforced until 30 days after publication in the D.C. Register.

(3) The Mayor may modify this schedule of fines by rulemaking. The modification shall become effective at the end of 45 calendar days unless the Council, during the 45-day period, adopts a resolution disapproving the Mayor’s modification.

(c) In addition to the civil fine permitted under subsection (b) of this section, the following penalties may be imposed:

(1) In the case of a person receiving a notice of violation who fails to answer the notice within the time specified by § 8-804(f), a penalty equal to the amount of the civil fine; and

(2) In the case of a person receiving a notice of violation who answers but fails without good cause to appear on the date scheduled for the hearing, a penalty equal to twice the amount of the civil fine.

(d) The Mayor may recover up to 3 times the cost and expense incurred by the Mayor for abating the nuisance, preventing the recurrence of the violation, and cleaning and clearing the site where the unlawful disposal occurred and for properly disposing of the solid waste.

(d-1) The Mayor or hearing examiner may suspend or refuse to reissue any permit or license which authorizes the respondent to engage in the activity to which the sanction relates, or which otherwise substantially relates to the violation, if the respondent fails to pay any fines, penalties, interest, costs, or expense imposed pursuant to this chapter. Suspension of the permit or license shall continue until payment is made.

(e) The hearing examiner may agree with the person subject to penalties under this section to allow an alternative sanction requiring the respondent to perform, on a voluntary basis, a specific number of hours of community service comparable to the severity of the violation. The assignment will be made by the hearing examiner according to rules provided for by § 8-810 and in conjunction with a representative of the District of Columbia Department of Public Works.

(f)(1)(A) The amount to be paid under a notice of violation and any other charges, expenses, costs, penalties, and interest shall be a continuing and perpetual lien in favor of the District upon all real and personal property belonging to a person named in the notice and shall have the same force and effect as a lien created by judgment. Interest shall accrue on the amount due as provided in subsection (h) of this section.

(B) The lien shall attach to all property belonging to the named person at any time during the period of the lien, including any property acquired by the named person after the lien arises.

(C) The lien shall have priority over all other liens, except liens for District taxes and District water charges; provided, that the lien shall not be valid as against any bona fide purchaser, or holder of a security interest, mechanic’s lienor or other such creditor interested in the property, without notice, until notice by filing the lien in the Recorder of Deeds. The lien shall be satisfied by payment of the amount of the lien to the agency that issued the notice.

(D) For reasonable cause shown, the Mayor may abate the amount of the notice and any other charge, expense, penalty, or interest.

(E) The Mayor may contract with any individual or business to collect the amount of the lien and remunerate the individual or business by fee, by a percentage of the amount collected, or both.

(2) As additional means for collection, the Mayor may enforce payment of the fines, other charges, expenses, costs, penalties, or interest imposed against the real property of the named person as follows:

(A) The agency that issues the notice shall record, with the Recorder of Deeds, and in accordance with § 47-1340, a real property tax lien captioned “Notice of Converted Real Property Tax Lien”. The real property tax lien shall be deemed a delinquent real property tax from the date of the conversion, shall accrue interest at the rate of interest charged for delinquent real property tax, and shall be perpetual. Subject to § 47-1340(f), payment thereof shall be credited to the General Fund of the District of Columbia. The real property may be sold at tax sale, regardless of the date of the conversion, in the same manner, under the same conditions, and subject to the same impositions of interest, costs, expenses, fees, and other charges, as real property sold for delinquent real property tax.

(B) The aggregate amount of the fines, charges, expenses, costs, penalties, and interest secured by the lien imposed under paragraph (1) of this subsection may appear on a real property tax bill, and the aggregate amount shall be:

(i) Deemed an additional real property tax to be collected in the same manner and under the same conditions as real property tax is collected, including the sale of the real property for delinquent tax;

(ii) Credited to the General Fund of the District of Columbia; and

(iii) Subject to the same penalty and interest provisions as delinquent real property tax is subject as of the date of the real property tax bill.

(C) The lien under paragraph (1) of this subsection, with penalty and interest as provided under this section, shall be converted to real property tax as of the due date for payment of the real property tax bill if payment is not made.

(3) If the lien has been converted to a real property tax lien under § 47-1340 or if the accrued amount of the lien appears on the real property tax bill, the real property tax lien shall be enforced under Chapter 13A of Title 47.

(g) The Mayor may require the owner of vacant property in the District to fence or otherwise enclose the property to prevent the recurrence of a violation of any part of this chapter.

(h)(1) The Mayor shall require the payment of an interest charge to be assessed against the total fine, penalty, and charge for abatement services performed by the Mayor that have not been satisfied, in full, within 30 days of the date that final notice, which requests payment, is mailed to the property owner. The rate of interest authorized by this section shall not exceed 1 1/2% per month or part of a month that accrues 30 days from the date of the final notice.

(2) If a private agency collects any outstanding fines, penalties, charges, and interest due the District government, the Mayor may require an additional payment to cover the cost of collecting the outstanding fine, penalty, charge, and interest.

(i) The Mayor may promulgate rules to carry out the intent and purposes of this section.

(Mar. 25, 1986, D.C. Law 6-100, § 8, 33 DCR 781; Sept. 20, 1989, D.C. Law 8-31, § 2(f), 36 DCR 4750; May 20, 1994, D.C. Law 10-117, § 8(a)(2), (a)(3), 41 DCR 524; Apr. 9, 1997, D.C. Law 11-199, § 202, 43 DCR 4569; May 11, 1996, D.C. Law 11-118, § 8, 43 DCR 1191; Apr. 9, 1997, D.C. Law 11-198, § 202, 43 DCR 4569; May 23, 2000, D.C. Law 13-115, § 8, 47 DCR 1996; Oct. 19, 2000, D.C. Law 13-172, § 909(b), 47 DCR 6308; Mar. 6, 2002, D.C. Law 14-78, § 2(b), 48 DCR 11262.)

Prior Codifications

1981 Ed., § 6-2907.

Section References

This section is referenced in § 2-1215.15, § 8-804, § 8-805, § 8-806, § 8-807.01, § 8-808, § 8-810, § 47-847, § 47-1052, § 47-1304, § 47-1306, § 47-1307, and § 47-1312.

Effect of Amendments

D.C. Law 13-115 rewrote subsec. (f), which previously read:

“(f)(1) The District shall have a continuing lien upon any land and the improvements on the land to which fines or penalties have been imposed pursuant to this chapter. Each lien placed pursuant to this chapter shall be filed at the Office of the Recorder of Deeds.

“(2) The lien shall have priority over all other liens except liens for District taxes and District water and sewer charges.

“(3) If any civil fine, penalty, or cost is unpaid 6 months after the date of the final notice of the charges, the subject property may be sold for the unpaid civil fine, penalty, cost, and interest due the District government at the next tax sale conducted pursuant to § 47-1301 in the same manner and under the same conditions as property sold for delinquent general taxes.

“(4) The proceeds of the sale shall be credited to the General Fund of the District of Columbia for use in accordance with § 6-3415.

“(5) For the purposes of any property sold pursuant to paragraph (3) of this subsection, the redemption period specified in §§ 47-1304, 47-1306, 47-1307, 47-1312, and 47-847, shall be 6 months.”

D.C. Law 13-172, rewrote subsec. (f), which had read:

“(f)(1) The District shall levy and collect a special assessment against any land and the improvements on the land to which any unpaid fines or penalties have been imposed pursuant to this act. A special assessment levied pursuant to this act shall be filed at the Office of Recorder of Deeds.

“(2) The special assessment may be collected at the same time and in the same manner as ordinary District real property taxes are collected pursuant to D.C. Code § 47-811(b). In addition, the special assessment shall be subject to the same penalties and interest as provided in D.C. Code § 47-811(c), and the same procedure and sale in case of delinquency as provided in Chapter 13 of Title 47 of the District of Columbia Code. The special assessment shall be subordinate to all existing special assessments previously imposed upon the same land and paramount to all liens except liens for District taxes and water and sewer charges. The special assessment shall continue until the special assessment and all interest due and payable has been paid.”

D.C. Law 14-78 rewrote subsec. (f); in subsec. (h)(1), substituted “may” for “shall”; and added subsec. (i). Prior to amendment, subsec. (f) read as follows: “(f)(1) The District shall levy a special assessment against any land and the improvements on the land to which any unpaid fines or penalties have been imposed pursuant to this chapter. Any special assessment levied pursuant to this chapter shall be filed with the Office of the Recorder of Deeds. ”(2) The special assessment may be collected at the same time and in the same manner as ordinary District real property taxes are collected under § 47-811(b). In addition, the special assessment shall be subject to the same penalties and interest as provided in § 47-811(c) and the same procedure and sale in case of delinquency as provided in Chapter 13 of Title 47. The special assessment shall be subordinate to all existing special assessments previously imposed on the same land and paramount to all liens except liens for District taxes and District water and sewer charges. The special assessment shall continue until the special assessment and all interest due and payable thereon has been paid.”

Cross References

Redemption of property, time period, see §§ 47-847 and 47-1304.

Emergency Legislation

For temporary amendments of section, see § 7(a)(2) and (a)(3) of the Illegal Dumping Enforcement Emergency Act of 1993 (D.C. Act 10-89, August 4, 1993, 40 DCR 6074) and § 7(a)(2) and (a)(3) of the Illegal Dumping Enforcement Congressional Recess Emergency Act of 1993 (D.C. Act 10-138, November 1, 1993, 40 DCR 7741).

For temporary amendment of section, see § 13 of the Solid Waste Facility Permit Emergency Act of 1995 (D.C. Act 11-144, October

Temporary Legislation

For temporary (225 day) amendment of section, see § 7(a)(2) of Illegal Dumping Enforcement Temporary Act of 1993 (D.C. Law 10-62, November 20, 1993, law notification 40 DCR 8455).

For temporary (225 day) amendment of section, see § 202 of Fiscal Year 1997 Budget Support Temporary Amendment Act of 1996 (D.C. Law 11-226, April 9, 1997, law notification 44 DCR 2584).

For temporary (225 day) amendment of section, see § 9 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).

Editor's Notes

Approval of schedule of fines for violation of rules listed in § 8-802: Pursuant to Resolution 7-63, the “Litter Control Administration Act Schedule of Fines Approval Resolution of 1987,” effective May 19, 1987, the Council approved the proposed schedule of fines for violations of rules referenced in § 3 of the Litter Control Act which was transmitted to Council by the Mayor on April 14, 1987.

Application of provisions of Law 11-198: Section 1001 of D.C. Law 11-198 provided that titles I, II, III, V, and VI and §§ 405 and 406 of the act shall apply after September 30, 1996.

Revised schedule of fines approved: Proposed Resolution 12-0015, the “Litter Control Revised Schedule of Fines Approval Resolution of 1997,” was deemed approved, effective May 8, 1997.

Delegation of Authority

Delegation of authority pursuant to D.C. Law 6-100, the “Litter Control Administration Act of 1985”, see Mayor’s Order 2000-184, December 5, 2000 ( 47 DCR 10222).

Delegation of Authority Under the District of Columbia Solid Waste Management and Multi-Material Recycling Act of 1988 and the Litter Control Administration Act of 1985, see Mayor’s Order 2008-157, November 20, 2008 ( 55 DCR 12539).

Resolutions

Resolution 14-191, the “Rights-of-Way Fines Emergency Resolution of 2001”, was approved effective July 10, 2001.

§ 8–807.01. Solid Waste Nuisance Abatement Fund.

(a) A Solid Waste Nuisance Abatement Fund (“Fund”) is hereby established, separate from the General Fund of the District of Columbia, into which all fines, penalties, interest, charges and costs assessed pursuant to this chapter shall be deposited. The deposit of these monies shall be subject to § 8-807(f)(2).

(b) The Fund shall be nonlapsing. Revenues deposited in the Fund shall not revert to the General Fund at the end of any fiscal year or at any other time, but shall be continually available to the Department of Public works for the uses and purposes set forth in this chapter, subject to authorization by Congress.

(c) Monies deposited into the Fund shall be used to offset some of the costs of implementing this chapter, the costs of the abatement of solid waste nuisances, and to fund waste recovery and recycling education and activities in accordance with Chapter 10A of this title and Chapter 10B of this title.

(d) The Mayor shall submit to the Council an annual statement of the Fund’s receipts and disbursements for the preceding fiscal year.

§ 8–808. Hearing examiners.

(a) The Mayor shall appoint a chief hearing examiner and other hearing examiners needed to implement this chapter, and the administration of the hearing provided for in this section and in § 8-805 shall be regulated by the chief hearing examiner.

(b) The powers of hearing examiners shall include, but not be limited to, the following:

(1) To preside over hearings in contested matters arising out of the statutes and the rules referred to in § 8-802 and to do so in accordance with Chapter 5 of Title 2;

(2) To require the respondent to abate the violations;

(3) To charge civil fines, penalties, and abatement costs established in §§ 8-805(e) and 8-807;

(4) To agree to alternative sanctions, under § 8-807(e) and according to rules to be established under § 8-810, so that the agreed to sanctions allow the respondent to perform voluntarily a specific number of hours of community service;

(5) To suspend or modify fines, penalties, and abatement costs;

(6) To set aside and reopen a final disposition upon application and for good cause shown; and

(7) To require the attendance of witnesses by subpoena, administer oaths, take the testimony of witnesses under oath, and dismiss, rehear, and continue cases.

(c)(1) If a person refuses to obey a hearing examiner’s demand that the person testify or comply with a subpoena, the hearing examiner may request the Superior Court of the District of Columbia to compel the person to testify or to obey the subpoena.

(2) If the court consents to the hearing examiner’s request and compels the person to testify or to obey the subpoena, but if the person disobeys the court, then the person shall be in contempt of court, and the court may use its equity powers to compel the obedience of the person.

§ 8–809. Appeals.

(a) The hearing examiner’s decision may be appealed within 15 days of the issuance of the decision to the Board of Appeals and Review.

(b) The parties may appeal a decision of the Board of Appeals and Review within 15 days of the issuance of the decision to the District of Columbia Court of Appeals.

§ 8–810. Mayor to issue rules.

The Mayor shall issue rules to implement this chapter under the provisions of subchapter I of Chapter 5 of Title 2, and the rules shall, at the least, establish a program of community service which may be used, according to an agreement under §§ 8-805(c)(3) and 8-807(e), as an alternative sanction under § 8-807(e).

§ 8–811. Identification of offenders.

(a) A person who is stopped by a police officer or other officials authorized by the Mayor to enforce the regulations listed in § 8-802(a)(1) after the person has committed a violation of these regulations shall be required to inform the officer or other authorized official of his or her true name and address for the sole purpose of including that information on a notice of violation; provided, that no person shall be required to possess or display any documentary proof of his or her name or address in order to comply with the requirements of this section.

(b) A person who refuses to provide his or her true name and address to a police officer or other officials authorized by the Mayor to enforce the regulations listed in § 8-802(a)(1) upon request after having been stopped for committing a violation of these regulations shall, upon conviction, be fined not less than $100 nor more than $250.

§ 8–812. Annual reporting requirement.

(a) The Mayor shall submit to the Council statistics on the number of notices of infractions and violations issued for violation of regulations listed in § 8-802(a)(1), and the number of notices subsequently dismissed.

(b) The statistics shall identify, by Ward, the number of notices issued and dismissed.

(c) Statistics shall be provided on a calendar-year basis and shall be transmitted to the Council by January 31st, with the first report due January 31, 2010.