Title 6. Housing and Building Restrictions and Regulations. - Chapter 11. Historic Landmark and Historic District Protection. - § 6-1110. Penalties; remedies; enforcement.


Published: 2009

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§ 6-1110. Penalties; remedies; enforcement.

  • Current through October 23, 2012

(a) Criminal penalty. -- 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) Civil remedy. -- 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.

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

(d)(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.

                                

(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.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 5-1010.

1973 Ed., § 5-830.

Effect of Amendments

D.C. Law 16-185 added subsec. (d).

D.C. Law 16-189 added subsec. (e).

D.C. Law 17-353 validated a previously made technical correction in the designation of subsec. (e).

Emergency Act Amendments

For temporary (90 day) amendment of section, see §§ 2(b), 4 of Targeted Historic Preservation Assistance Emergency Amendment Act of 2006 (D.C. Act 16- 472, July 31, 2006, 53 DCR 6781).

For temporary (90 day) amendment of section, see § 2(b) of Targeted Historic Preservation Assistance Congressional Review Emergency Act of 2006 (D.C. Act 16-500, October 23, 2006, 53 DCR 9046).

Legislative History of Laws

For legislative history of D.C. Law 2-144, see Historical and Statutory Notes following § 6-1101.

Law 6-42, the "Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985," was introduced in Council and assigned Bill No. 6-187, which was referred to the Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on June 25, 1985, and July 9, 1985, respectively. Signed by the Mayor on July 16, 1985, it was assigned Act No. 6- 60 and transmitted to both houses of Congress for its review.

For Law 16-185, see notes following § 6-1101.

For Law 16-189, see notes following § 6-1102.

For Law 17-353, see notes following § 6-201.

Editor's Notes

Because of the codification of D.C. Law 5-69 as subchapter II of this chapter, and the designation of the preexisting text of Chapter 11 as subchapter I, "subchapter" has been substituted for "chapter," where applicable, in this section.

Miscellaneous Notes

Applicability: Section 4 of D.C. Law 16-189 provides: "The implementation of the provisions of this act is subject to appropriations and nothing in this act shall be construed to create an entitlement."