800.1 All premises occupied for residential purposes shall be kept in a clean, safe, and sanitary condition, including, but not limited to, the requirements of this chapter.800.2 Floors, floor coverings, and other walking surfaces shall be clean and free of dirt, dust, filth, garbage, human or animal wastes, litter, refuse, or any other insanitary matter.800.3 Walls, ceilings, windows, and doorways shall be clean and free of cobwebs, dirt, dust, greasy film, soot, or any other insanitary matter.800.4 Plumbing fixtures shall be kept in a clean, sanitary condition, and shall be kept free of dirt, filth, human or animal wastes, or any other insanitary matter. Each occupant shall exercise care in the proper use and operation of plumbing fixtures.800.5 Areaways, walkways, and yards shall be clean and free of ashes, filth, garbage, human or animal wastes, litter, refuse, or any other insanitary matter.800.6 Other portions of each premises which are not specifically listed in this section shall be kept clean, and in a safe and sanitary condition.800.7 The owner, user, or any person having the right to use any private passageway or alley, shall not permit any ashes, debris, dirt, filth, garbage, human or animal waste, litter, refuse, stagnant water, or any other insanitary matter to remain on that passageway or alley.800.08 The owner of any premises shall maintain the premises free of any condition that may render the premises unhealthy or unsanitary for the occupant, the neighborhood or the community at large 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, ch. 1626; D.C. Official Code § 42-3131 et seq.).800.09 Premises maintained in violation of this chapter create a danger to the health, welfare or safety of the occupants and public, and, constitute a public nuisance.800.10 Excessive vegetative growth, including but not limited to, kudzu, poison ivy, plants with obnoxious odors, weeds, grasses causing hay fever, and any weed growth that creates a breeding place for mosquitoes, for a period of more than seven (7) calendar days is prohibited. Weeds may be defined as, but are not limited to, poison ivy, poison oak, or poison sumac and all vegetation at any state of maturity which:1. a. Exceeds ten (10) inches in height, is untended, or creates a dense area of shrubbery that is a detriment to the health, safety and welfare of the public;

b. Regardless of height, creates a harbor (including hiding places for persons), or a concealment for refuse or trash;

c. Develops into deposits, or accumulation of, refuse or trash;

d. Harbors rodents and vermin or provides a refuge for snakes, rats or other rodents;

e. Creates an unpleasant or noxious odor;

f. Constitutes a fire hazard; or

g. Contains grass or weeds that are dead and diseased.

800.11 This chapter does not apply to weeds, grasses, or other vegetation, which is planted for agricultural use if such weeds, grasses or vegetation are, located at least one hundred fifty (150) feet from property zoned for non-agricultural use.

800.12 Nothing in this chapter shall prohibit an owner of any premises from maintaining healthy plants, grasses, or shrubbery in tended grounds, gardens, or landscape designed yards, which exceed ten (10) inches in height.

800.13 The accumulation of trash on any premises for more than seven (7) calendar days shall constitute an unsanitary and unhealthy condition if it creates a:

a. Harbor or concealment (including hiding places for persons);

b. Deposit or accumulation of refuse or trash;

c. Harbor for rodents and vermin, or a refuge for snakes, rats or other rodents;

d. Noxious or an unpleasant odor; or

e. Fire hazard.

800.14 Owners shall be given a Notice of Violation for failure to comply with the provisions of this chapter.

800.15 The owner of the premises may give written consent to the Mayor or his designee authorizing the removal of trash or the mowing of weeds or grass pursuant to a Notice of Violation requiring abatement of a prohibited condition. By giving such written consent, the owner waives the right to an administrative hearing challenging the Mayor's action.

800.16 Pursuant to this chapter, the Mayor or his designee is authorized to take summary abatement action to correct a violation of this chapter where a condition exists that imminently

endangers the health, safety or welfare of the occupant of the premises or the public.

800.17 If the owner of any premises is issued a Notice of Violation but fails to comply with the Notice of Violation, and another Notice is issued for the same condition during the same growing season, the District may summarily abate the nuisance.

800.18 The Notice of Violation shall state:

a The reason or reasons that support the Notice of Violation;

b The need for the owner of the premises to comply with the requirements of the notice no later than seven (7) days after the date of receipt of the notice, unless within that time the notice has been appealed;

c That the costs for such abatement shall be assessed against the owner of the premises and that failure to pay such costs may result in a lien being placed upon the premises without further notice to the owner.

800.19 Service of the Notice of Violation may be effected upon the owner of the premises by personal service, service by mail, or posting on the property or other means set out in 14 DCMR §§ 105-107 (1991).

800.20 Civil fines, penalties and fees may be imposed as an alternative sanction for any infraction of the provisions of this chapter, or of any rules or regulations issued under the authority of this chapter, pursuant to Titles I-III of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985. Adjudication of any infraction of this chapter shall be pursuant to Titles I-III of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985.

800.21 If the Mayor or his designee must summarily abate a nuisance as set forth in this chapter, he or she is authorized to assess the fair market value of the correction or the actual costs of the correction, whichever is higher, and all expenses as a tax on the premises from which the condition arose as provided in the Act. The tax shall be carried on the District tax roll as a general tax.

800.22 Interest shall accrue on any unpaid bill at the rate of one and a half percent (1 1/2%) per month, or part thereof, from the date of the bill pursuant to D.C. Official Code § 47-1205(a).

800.23 The revolving fund established, pursuant to the Act (D.C. Official Code § 6-711.01 (b)(1)) provides funding for the abatement of nuisances in the District, and for other purposes. Monies in the revolving fund shall be available to cover the cost of correcting nuisances and other incidentals that may arise in enforcing any action authorized by this chapter or the Act. Any amount assessed and collected as a tax against real property pursuant to this chapter shall be deposited to the credit of the revolving fund.

AUTHORITY: Unless otherwise noted, the authority for this chapter is contained at paragraphs 28 and 46 of section 7 of An Act Making appropriations to provide for the expenses of the government of the District of Columbia for the fiscal year ending June thirtieth, nineteen hundred and three, and for other purposes (“Act of 1902”), Public, 218, 32 Stat. 590, approved July 1, 1902, as amended by: An Act approved July 1, 1932, Public, No. 237, 47 Stat. 550; and by An Act approved July 22, 1947, Public Law 215, 61 Stat. 402.

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR §§ 2602 and 2603, Commissioners’ Order 55-1503 (August 11, 1955); as amended by Notice of Emergency and Proposed Rulemaking at 49 DCR 4886 (May 24, 2002) [EXPIRED]; as amended by Final Rulemaking published at 50 DCR 4938 (June 20, 2003).