§ 42-3173.07 — Final determination of deteriorated structure.

District of Columbia § 42-3173.07

• Jurisdiction: District of Columbia
• Title 42: Real Property.
• Ch. 31C: Quick Acquisition of Abandoned and Nuisance Property.
• Subch. II: Due Process Demolition.

Text

(1) If sufficient action has not been taken within the 30-day period of § 42-3173.06 , the Mayor shall prepare a notice of final determination.

(2) Notwithstanding paragraph (1) of this subsection, the Mayor may revoke the notice of initial determination or hold in abeyance further action under this subchapter if, prior to the end of the 30-day period, an interested party:

(i) Submits to the Mayor a written plan for the prompt completion of the sufficient action; and

(ii) The Mayor approves the plan with or without conditions; or

(B) Submits to the Mayor written reasons why the Mayor should not take the action specified in § 42-3173.05(a)(5) ; provided, that, in such case, the Mayor may also amend the notice of initial determination.

(3) The Mayor may extend the 30-day period for 30 days or less upon the written request of an interested party and for good cause shown.

(b) The notice of final determination shall be prepared within 30 days after the end of the 30-day period or within 30 days after the end of any extension of the 30-day period.

(c) The notice of final determination required by subsection (a) and (b) of this section shall include:

(1) The address of the deteriorated structure or, if the address is not available or does not adequately identify the location of the structure, a description of the location of the deteriorated structure that is sufficient for its identification;

(2) A statement that the Mayor has determined that the structure is a deteriorated structure and the basis for the Mayor’s determination that the structure is a deteriorated structure;

(3) The date or dates on which the notice of initial determination under § 42-3173.04 was posted, mailed, published, and filed;

(4) A statement that sufficient action was not taken within the specified time period;

(5) A statement that the Mayor intends to demolish or enclose the deteriorated structure; and

(6) A statement that interested parties have 30 days from the date of the mailing of the notice of final determination to file a petition for review in the Superior Court of the District of Columbia seeking judicial review of the Mayor’s final determination and that the filing of the petition shall stay final action by the Mayor to demolish or enclose the deteriorated structure until a judicial order is entered.

(d) After the notice of final determination is prepared, the Mayor shall:

(1) Post the notice on the deteriorated structure;

(2) Mail the notice to all interested parties by certified mail, return receipt requested; and

(3) File the notice with the Recorder of Deeds.

Legislative History

Apr. 27, 2001, D.C. Law 13-281, § 447; as added Apr. 19, 2002, D.C. Law 14-114, § 102, 49 DCR 1468; Oct. 19, 2002, D.C. Law 14-213, § 29(d), 49 DCR 8140