3311.1 Violation of any of the following provisions shall be a Class 1 infraction:

1. (a) Section 6(a) of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District (D.C. Official Code § 42-3131.06(a)) (failure to initiate registration of a vacant building within 30 days after a building becomes vacant);
2. (b) Section 6(a) of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District (D.C. Official Code § 42-3131.06(a)) (failure to complete registration of a vacant building within 120 days after a building becomes vacant);
3. (c) Section 6(e) of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District, effective April 27, 2001 (D.C. Law 13-281; D.C. Official Code § 42-3131.06(e)) (failure to report change of name or address of owner within 30 days of occurrence);
4. (d) Section 7(a) of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District (D.C. Official Code § 42-3131.07(a)) (failure to allow inspection of vacant building); or
5. (e) Section 7(a)(5) of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District (D.C. Official Code § 42-3131.07(a)(5)) (making false statements or misrepresentations upon the registration application).

3311.2 Violation of any of the following provisions shall be a Class 2 infraction:

1. (a) Section 6(a) of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District (D.C. Official Code § 42-3131.06(a)) (failure to pay appropriate registration fees);
2. (b) Section 6(b) of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District (D.C. Official Code § 42-3131.06(b)) (failure to apply for registration after exemption status expires);
3. (c) Section 6(d) of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District (D.C. Official Code § 42-3131.06(d)) (failure to apply for new registration after registered building is transferred or otherwise conveyed);
4. (d) Section 6(a) of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District (D.C. Official Code § 42-3131.06(a)) (failure to maintain a vacant building in compliance with the requirements of D.C. Official Code § 42-3131.12);
5. (e) Section 7(a) of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District (D.C. Official Code § 42-3131.07(a)) (failure to timely renew registration status);
6. (f) Section 7(a)(2)(A) of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District (D.C. Official Code § 42-3131.07(a)(2)(A)) (vacant property is detrimental to the public health, safety and

welfare);

(g) Section 7(a)(2)(B) of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District (D.C. Official Code § 42-3131.07(2)(B)) (property unreasonably interferes with the reasonable and lawful use and enjoyment of other premises within the neighborhood);

(h) Section 7(a)(2)(C) of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District (D.C. Official Code § 42-3131.07(2)(C)) (poses a hazard to police officers or fire fighters entering the building in an emergency);

(i) Section 7(a)(3) of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District (D.C. Official Code § 42-3131.07(3)) (the building fails to comply with the Fire, Building and Housing code of the District); or

(j) Section 8 of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District (D.C. Official Code § 42-3131.08) (proceeding with an operation related to registration after notice of revocation issued).

3311.3 Violation of any of the following provisions shall be a Class 3 infraction:

(a) Section 12(1) of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District (D.C. Code § 42-3131.12(1)) (doors, windows, areaways, and other openings are not weather tight and secured against entry by birds, vermin, and trespassers; or missing or broken doors, windows and other openings are not covered with 1/2 inch CDX plywood that is weather protected, tightly fitted to the opening, and secured by screws or bolts);

(b) Section 12(2) of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District (D.C. Official Code § 42-3131.12(2)) (the roof and flashing are not sound and tight, will admit moisture, or are not drained to prevent dampness or deterioration in the walls or interior);

(c) Section 12(3) of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District (D.C. Official Code § 42-3131.12(3)) (the building storm drainage system is not adequately sized and installed in an approved manner and functional);

(d) Section 12(4) of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District (D.C. Official Code § 42-3131.12(4)) (the interior and/or exterior are not maintained in good repair, structurally sound, free from debris, rubbish and garbage, and sanitary so as not to threaten public health or safety);

(e) Section 12(5) of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District (D.C. Official Code § 42-3131.12(5)) (the structural members are not free of deterioration and capable of safely bearing imposed dead and live loads);

(f) Section 12(6) of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District (D.C. Official Code § 42-3131.12(6)) (the foundation walls are not plumb, free from open cracks and breaks, or vermin proof);

(g) Section 12(7) of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District (D.C. Official Code § 42-3131.12(7)) (the exterior walls are not free of holes, breaks, or loose and/or rotting materials, and exposed metal and wood surfaces are not protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint);

(h) Section 12(8) of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District (D.C. Official Code § 42-3131.12(8)) (the cornices, belt courses, corbels, terra cotta trim, wall facings, and similar decorative features are not safe, anchored, and in good repair, and exposed metal and wood surfaces are not protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint);

(i) Section 12(9) of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District (D.C. Official Code § 42-3131.12(9)) (all balconies, canopies, marquees, signs, metal awnings, stairways, fire escapes, standpipes, exhaust ducts, and similar features are not in good repair, anchored, safe and sound, and exposed metal and wood surfaces are not protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint);

(j) Section 12(10) of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District (D.C. Official Code § 42-3131.12(10)) (chimneys, cooling towers, smokestacks, and similar appurtenances are not structurally safe, sound, and in good repair, and exposed metal and wood surfaces are not protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint);

(k) Section 12(11) of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District (D.C. Official Code § 42-3131.12(11)) (openings in sidewalks are not safe for pedestrian travel);

(l) Section 12(12) of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District (D.C. Official Code § 42-3131.12(12)) (accessory and appurtenant structures such as garaged, sheds, and fences are not free from safety, health and fire hazards); or

(m) Section 12(13) of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District (D.C. Official Code § 42-3131.12(13)) (the property on which a structure is located is not clean, safe, and sanitary and threatens the public health or safety).

SOURCE: Final Rulemaking published at 52 DCR 4908 (May 27, 2005).