District of Columbia § 6-1110 Penalties; remedies; enforcement.

District of Columbia Statutes

§ 6-1110 — Penalties; remedies; enforcement.

District of Columbia·Title 6 Housing and Building Restrictions and Regulations.·Ch. 11 Historic Landmark and Historic District Protection.·Subch. I General Provisions.

(a)Any person who willfully violates any provision of this subchapter or of any regulation issued under the authority of this subchapter shall, upon conviction, be fined not more than $1,000 for each day a violation occurs or continues or be imprisoned for not more than 90 days, or both. Any prosecution for violations of this subchapter or of any regulations issued under the authority of this subchapter shall be brought in the name of the District of Columbia in the Superior Court of the District of Columbia by the Office of Attorney General for the District of Columbia.

(b)Any person who demolishes, alters or constructs a building or structure in violation of § 6-1104 , § 6-1105 , or § 6-1107 shall be required to restore the building or structure and its site to its appearance prior to

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(a) Any person who willfully violates any provision of this subchapter or of any regulation issued under the authority of this subchapter shall, upon conviction, be fined not more than $1,000 for each day a violation occurs or continues or be imprisoned for not more than 90 days, or both. Any prosecution for violations of this subchapter or of any regulations issued under the authority of this subchapter shall be brought in the name of the District of Columbia in the Superior Court of the District of Columbia by the Office of Attorney General for the District of Columbia.

(b) Any person who demolishes, alters or constructs a building or structure in violation of § 6-1104 , § 6-1105 , or § 6-1107 shall be required to restore the building or structure and its site to its appearance prior to the violation. Any action to enforce this subsection shall be brought in the name of the District of Columbia in the Superior Court of the District of Columbia by the Office of Attorney General for the District of Columbia. This civil remedy shall be in addition to and not in lieu of any criminal prosecution and penalty.

(1) Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of this act, or any rules or regulations issued under the authority of this subchapter , pursuant to Chapter 18 of Title 2 .

(A) Civil fines, penalties, and fees imposed pursuant to this subsection shall:

(i) Account for the severity of the violation; and

(ii) Not exceed $10,000 per violation.

(B) Notwithstanding subparagraph (A) of this paragraph, civil fines, penalties, and fees for willful demolitions, alterations, or new construction shall:

(i) Account for the severity of the violation; and

(ii) Start at $10,000 per violation, but not exceed $25,000 per violation.

(1) The Historic Preservation Office shall be responsible for enforcement of the provisions of this subchapter.

(2) The Mayor may delegate to the Historic Preservation Office coordinated enforcement of Building Code provisions applicable to preservation of historic landmarks and historic districts pursuant to a written agreement with and under the authority of the Building Code Official.

(e) An appeal of any enforcement action brought by the Historic Preservation Office shall be heard by the Office of Administrative Hearings.

District of Columbia § 6-1110 (Penalties; remedies; enforcement.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Mar. 3, 1979, D.C. Law 2-144, § 11, 25 DCR 6939; Oct. 5, 1985, D.C. Law 6-42, § 412, 32 DCR 4450; Nov. 16, 2006, D.C. Law 16-185,§ 2(o), 53 DCR 6712; Mar. 2, 2007, D.C. Law 16-189, § 2(b), 53 DCR 6786; Mar. 25, 2009, D.C. Law 17-353, § 128(a), 56 DCR 1117