June 30, 2023
The Honorable Phil Mendelson
Chairman
Council
of the District of Columbia
John
A. Wilson Building
1350 Pennsylvania Avenue, N.W., Suite 504
Washington, D.C. 20004
Dear Chairman Mendelson:
Enclosed for consideration and approval by the Council
of the District of Columbia is proposed
legislation entitled the "Litter Control Amendment Act
of 2023."
This legislation would amend D.C. Official
Code§ 8-803 to provide the Department of Public
Works
(DPW) the ability to serve a party cited for an infraction of the Litter Control
Administration Act
of 1985 with a Notice of Violation (NOV) via first-class mail. It would also
provide that when such service
is by first-class mail, 5 (five) additional days shall be added to the
time period within which the party cited may or
is required to take any action specified in the
NOV.
It also clarifies that a residential premises may be inspected and investigated for an alleged
nuisance. The legislation would help remedy certain inconsistencies
in current law and
regulations regarding effective service
of an NOV for violations of the Litter Control
Administration Act and the ability
of DPW to successfully file a case with the Office of
Administrative Hearings (OAH) for such a violation.
If you have any questions on this matter, please contact Timothy W. Spriggs, Director,
Department
of Public Works, at (202)-673-6833.
Sincerely, I
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A
BILL
1rman Phil Mendelson
at the request
of the Mayor
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
To amend the Litter Control Administration Act of 1985 to authorize service of a notice of
violation by first-class mail to a person alleged to have created a nuisance or to the owner
of the premises and to clarify that a residential premises may be inspected and
investigated for
an alleged nuisance.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
act
may be cited as the "Litter Control Amendment Act of 2023".
Sec.
2. Section 4 of the Litter Control Administration Act of 1985, effective March 25,
1986 (D.C.
Law 6-100; D.C. Official Code§ 8-803), is amended as follows:
( a) Subsection (b) is
amended by striking the word "nonresidential" and inserting the
phrase "residential
or nonresidential" in its place.
(b) Subsection (c)(2)
is amended as follows:
(
1) The existing text is designated as subparagraph (A).
(2)
The newly designated subparagraph (A) is amended by:
(i) Striking the phrase
"the person responsible" and inserting the phrase "a
person responsible" in its place; and
(ii) Striking the phrase this subsection." and inserting the phrase "this
subsection; or" in its place.
(3) A
new subparagraph (B) is added to read as follows: "(B) As an alternative to the process described in subparagraph (A) of this
2 paragraph, the Mayor may deliver the notice
of violation by first-class mail to the owner of the
3 premises or
to a person responsible for the nuisance. When service is by first-class mail, 5
4 additional days shall be added
to the time period within which the premises owner or person
5 responsible for the nuisance may, or
is required to, take any action specified in the notice.".
6 Sec.
3. Fiscal impact statement.
7 The Council adopts the fiscal impact statement
in the committee report as the fiscal
8 impact statement required by section 4a
of the General Legislative Procedures Act of 1975,
9 approved October 16, 2006 (120 Stat. 2038; D.C. Official
Code§ 1-301.47a).
10 Sec. 4. Effective date.
11 This act shall take effect following approval by the Mayor (or in the event of veto by
12 Mayor, action by the Council to ovenide the veto), a 30-day period of congressional review as
13 provided in section 602( c )(1) of the District of Columbia Home Rule Act, approved December
14 24, 1973 (87 Stat. 813; D.C. Official Code§ l-206.02(c)(l)), and publication in the District of
15 Columbia Register.
2 GOVERNMENT OF THE DISTRICT OF COLUMBIA
OFFICE OF THE ATTORNEY GENERAL
BIUAN L. SCHWALB
ATTORNEY GENERAL
LEGAL
COUNSEL DIVISION
MEMORANDUM
TO: Tommy Wells
Director
***
Office of Policy and Legislative Affairs
FROM: Megan D. Browder
Deputy Attorney General
Legal Counsel Division
DATE: April 21, 2023
PRIVILEGED AND CONFIDENTIAL
ATTORNEY-CLIENT COMMUNICATION
SUBJECT: Legal Sufficiency Review - Draft "Litter Control Notice of Violation Service
Amendment Act of 2023"
(AE-23-164)
This is to Certify that this Office has reviewed the above-referenced draft
legislation and found it to be legally sufficient. If you have any questions in this regard, please do
not hesitate to call me
at (202) 724-5524.
Megan
D. Browder
3 Glen Lee
Chief Financial Officer
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
REFERENCE:
Conclusion
Government of the District of Columbia
Office of the Chief Financial Officer
* * *
May 24, 2023
Fiscal Impact Statement-Litter Control Notice of Violation Service
Amendment Act of2023
Draft Bill as provided to the Office of Revenue Analysis on April 21,
2023
Funds are sufficient in the fiscal year 2023 budget and proposed fiscal year 2024 through fiscal year
2027 budget and financial plan to implement the bill.
Background
The Department of Public Works (DPW) Solid Waste Education and Enforcement Program (SWEEP)
team educates District property owners and investigates solid waste, sanitation, and recycling
complaints or other potential nuisance conditions. If the SWEEP team discovers a condition that
requires action, it can issue a Notice of Violation (NOV) to the person who created the nuisance or to
the property owner. DPW can personally serve the NOV, affix it to the premises, or send it to the
person responsible or owner via certified mail.
1
The bill authorizes DPW to also serve an NOV via first-class mail. If DPW chooses to serve the NOV
via first-class mail, then DPW must give the recipient five additional days to take any action indicated
on the NOV.
1 Litter Control Administration Act of 1985, effective March 25, 1986 (D.C. Law 6-100; D.C. Official Code§ 8-
803).
1350 Pennsylvania Avenue, NW, Suite 203, Washington, DC 20004 (202)727-2476
www.cfo.dc.gov The Honorable Phil Mendelson
FIS: "Litter Control Notice of Violation Service Amendment Act of 2023," Draft Bill as provided to the Office of
Revenue Analysis on April 21, 2023
Financial Plan Impact
Funds are sufficient in the fiscal year 2023 budget and proposed fiscal year 2024 through fiscal year
2027 budget and financial plan to implement the bill. DPW will, when appropriate, use first-class mail
instead of certified mail. DPW's planned use of first-class mail could save the agency over $300,000
annually
depending on how many notices the agency sends using first-class rather than certified mail.
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