SECTION A-503 PROSECUTION

A-503.1 Failure to correct: 133 After the expiration of the time for compliance as stated on the notice of violation, a reinspection or reinvestigation shall be made by the code official to determine compliance. If the violation has not been corrected and no appeal is pending, the code official shall institute the appropriate legal proceedings to apply penalties as provided for in this code or for the purpose of ordering the responsible person:

   1.   To restrain, correct or remove the violation or refrain from any further execution of work;

   2.   To restrain or correct the erection, construction, conversion, installation, maintenance, repair or alteration of the structure in violation;

   3.   To require the removal of work in violation; or

   4.   To prevent the use or occupancy of the premises or structure that is not in compliance with the provisions of this code or the technical codes.

   A-503.1.1 Immediate hazard: Notwithstanding the provisions of Section A-503.1, nothing shall prevent the code official from instituting appropriate remedies to protect occupants or the public from conditions which pose an immediate threat to health or safety.

A-503.2 Abatement of violation: 134 Whenever any violation of this code or the technical codes or any order issued pursuant thereto is not corrected, the department, in addition to invoking any other sanction or penalty shall be authorized to, itself or by contract, correct the violation, charge the costs (including administrative costs) thereof to the violator, and with the approval of the Law Department collect the costs by lien or otherwise. Repeat violations of the Property Maintenance Code, requiring more than one such abatement of violation on the same property in a twelve-month period, may be assessed an additional penalty pursuant to subsection 1. of Section A-601.1. 135

   A-503.2.1 Vacant lots: 136 Where a vacant lot is enclosed by fencing and secured by a lock that prevents the code official from entering upon the lot for the purpose of correcting a violation, the code official may gain access to the lot by all legal means, including obtaining an administrative warrant.

 

Notes

133	Amended, Bill No. 180175 (approved June 6, 2018).
134	Amended, Bill No. 130721 (approved January 8, 2014); amended, Bill No. 180521 (approved June 28, 2018).
135	Enrolled bill read "...pursuant to § A-601.1.1."
136	Added, Bill No. 130721 (approved January 8, 2014); renumbered and former Section A-503.2.1 deleted, Bill No. 180175 (approved June 6, 2018).