3104 ABATEMENT OF INFRACTIONS

3104.1 The Director shall monitor and verify the abatement of all violations. Respondent will be subject to additional NOIs for failure to abate.3104.2 The requirements of this section shall apply to respondents who have admitted an infraction, admitted an infraction with explanation, or were found to have committed an infraction in a decision of an Administrative Law Judge (ALJ).3104.3 A respondent subject to this section shall be required to certify that each infraction listed on the Notice of Infraction (NOI) has been abated, subject to penalties for false statements under § 404 of the D.C. Theft and White Collar Crimes Act of 1982, D.C. Official Code § 22-2405 (2001 ed.).3104.4 The Director may request a respondent subject to this section to complete and submit to the Director a Notice of Verification certifying that an infraction has been abated.3104.5 A Notice of Verification certifying abatement of an infraction shall include the following:- (a) A list of all infractions cited;

- (b) The name of the person in violation;

- (c) The respondent's license or permit number;

- (d) A complete description of the actions taken to abate the infraction;

- (e) The respondent's signature; and

- (f) Any other information that the Director may require.3104.6 The Director may, at any time, request that a respondent provide additional information pertaining to the verification of an abated infraction.3104.7 The Director shall issue an additional NOI after reinspection, if the Director determines that the cited infraction continues to exist.3104.8 A respondent's failure to certify that an infraction has been abated as required in the decision of the ALJ may be referred to the Office of Compliance for appropriate action.3104.9 If the Director has determined that the cited infraction has been successfully

abated and the respondent has taken all reasonable steps to ensure the infraction does not reoccur, the Director shall issue a notice of abatement and provide it to the respondent. The notice of abatement shall be conspicuously posted by the respondent for residents to view for fourteen (14) days.

3104.10 A notice of abatement issued pursuant to this section shall include at least the following information:

(a) A list of infractions abated, not to include a tenant's name and address; and

(b) The respondent's license or permit number.

3104.11 Receipt of a Notice of Abatement for an infraction shall preclude the infraction from serving as the basis of a violation under §§ 3305.1(s), 3305.2(uu), or 3305.3(vvv).

SOURCE: Final Rulemaking published at 34 DCR 5718, 5722 (September 4, 1987); as amended by the Department of Consumer and Regulatory Affairs Omnibus Amendment Act of 2018, effective April 11, 2019 (D.C. Law 22-0287; 66 DCR 1650 (February 8, 2019)); as amended by Final Rulemaking published at 67 DCR 1200 (February 7, 2020).