§ 47-1433 — Violations.

(a) Where a dealer fails to record, as required by § 47-1431 , and such failure is due to negligence, there shall be imposed on said dealer, a penalty of $25 for each month or portion thereof that such failure continues, not to exceed $250.

(b) Repealed.

(c) If a person fails to record the deed or other document, as required by § 47-1431 , there shall be imposed on the person an additional penalty in the amount of $250. The penalty provided herein shall not be imposed if the deed or other document is a security instrument. The Mayor may waive the penalty in accordance with § 47-4221 .

(d) Repealed.

(e) The penalty fees provided under this section shall be collected at the same time and in the same manner and as a part of the deed recordation tax. If the transaction is exempt from the deed recordation tax, then the Mayor shall collect the fees in a manner prescribed by the Mayor.

(f) If the Mayor determines that a person has failed to record or has failed to pay any fee as required by this chapter, the procedures set forth in § 42-1108 [repealed] shall apply.

(g) Nothing in this chapter shall authorize the imposition of a penalty for the failure to record a deed or any instrument that conveys legal title to real property, if failure to record is due solely to the refusal of the Recorder of Deeds to record the deed or other instrument based on the existence of a lien against the property for unpaid water, sanitary sewer, or meter service charges.

Legislative History

July 13, 1978, D.C. Law 2-91, § 303, 24 DCR 9765; Apr. 30, 1988, D.C. Law 7-104, § 35(b), 35 DCR 147; June 13, 1990, D.C. Law 8-136, § 6, 37 DCR 2620; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; June 9, 2001, D.C. Law 13-305, § 505(g), 48 DCR 334; Apr. 4, 2003, D.C. Law 14-282,§ 11(oo), 50 DCR 896