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District Of Columbia Council Bill B25-0412

District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0412 Compare Versions

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8-AN ACT
9-
10-_________________
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12-IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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14-_________________________
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17-To amend the Litter Control Administration Act of 1985 to clarify that residential premises may
18-be inspected and investigated for an alleged nuisance, and to authorize the service of a
19-notice of violation by first-class mail to a person alleged to have created a nuisance or to
20-the owner of the premises.
21-
22- BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
23-act may be cited as the “Litter Control Amendment Act of 2024”.
24-
25- Sec. 2. Section 4 of the Litter Control Administration Act of 1985, effective March 25,
26-1986 (D.C. Law 6-100; D.C. Official Code § 8-803), is amended as follows:
27- (a) Subsection (b) is amended as follows:
28- (1) Strike the phrase “enter a nonresidential premises” and insert the phrase “enter
29-a residential or nonresidential premises” in its place.
30- (2) Strike the phrase “a nuisance.” and insert the phrase “a nuisance; provided,
31-that an inspection or investigation at a residential premises may only occur in common areas at
32-the premises.” in its place.
33- (b) Subsection (c)(2) is amended as follows:
34- (1) Strike the phrase “certified mail” and insert the phrase “certified mail or first-
35-class mail” in its place.
36- (2) A new sentence is added at the end to read as follows:
37- “When service is by first-class mail, 5 additional days shall be added to the time
38-period within which the owner of the premises or person responsible for the nuisance may, or is
39-required to, take any action specified in the notice.”.
40-
41- Sec. 3. Fiscal impact statement.
42- The Council adopts the fiscal impact statement in the committee report as the fiscal
43-impact statement required by section 4a of the General Legislative Procedures Act of 1975,
44-approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
45- ENROLLED ORIGINAL
8+A BILL 1
9+ 2
10+25-412 3
11+ 4
12+IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 5
13+ 6
14+_________________________ 7
15+ 8
16+ 9
17+To amend the Litter Control Administration Act of 1985 to authorize service of a notice of 10
18+violation by first-class mail to a person alleged to have created a nuisance or to the owner 11
19+of the premises; and to clarify that residential premises may be inspected and investigated 12
20+for an alleged nuisance. 13
21+ 14
22+ BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 15
23+act may be cited as the “Litter Control Amendment Act of 2023”. 16
24+ Sec. 2. Section 4 of the Litter Control Administration Act of 1985, effective March 25, 17
25+1986 (D.C. Law 6-100; D.C. Official Code § 8-803), is amended as follows: 18
26+ (a) Subsection (b) is amended to read as follows: 19
27+ “(b) The Mayor may, consistent with constitutional safeguards, enter a residential 20
28+or nonresidential premises and inspect and investigate an allegation about a nuisance, provided, 21
29+that an inspection or investigation at a residential premises may only occur in common areas at 22
30+the premises. The Mayor may act upon the Mayor’s own information or observation or upon the 23
31+information or the observation of another person.”. 24
32+ (b) Paragraph (c)(2) is amended to read as follows: 25
33+ “(2) The notice of violation may be served on the owner, the owner’s authorized 26 ENGROSSED ORIGINAL
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52- Sec. 4. Effective date.
53- This act shall take effect after approval by the Mayor (or in the event of veto by the
54-Mayor, action by the Council to override the veto) and a 30-day period of congressional review
55-as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December
56-24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)).
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58-
59-
60-______________________________
61-Chairman
62-Council of the District of Columbia
40+agent, the building superintendent, the operator of equipment, or any other responsible individual 27
41+at the premises; or the Mayor may deliver the notice by certified mail to the owner of the 28
42+premises or to a person responsible for the nuisance; or the Mayor may deliver the notice by 29
43+first-class mail to the owner of the premises or to a person responsible for the nuisance; or the 30
44+Mayor may post the notice in a conspicuous place on the premises in violation. If the owner 31
45+cannot be identified with reasonable certainty, the Mayor may conspicuously post the notice on 32
46+the premises alleged to be in violation and deliver a copy of the notice to the Director of the 33
47+Department of Finance and Revenue pursuant to paragraph (3) of this subsection. When service 34
48+is by first-class mail, 5 additional days shall be added to the time period within which the owner 35
49+of the premises or person responsible for the nuisance may, or is required to, take any action 36
50+specified in the notice.”. 37
51+ Sec. 3. Fiscal impact statement. 38
52+ The Council adopts the fiscal impact statement in the committee report as the fiscal 39
53+impact statement required by section 4a of the General Legislative Procedures Act of 1975, 40
54+approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 41
55+ Sec. 4. Effective date. 42
56+ This act shall take effect after approval by the Mayor (or in the event of veto by the 43
57+Mayor, action by the Council to override the veto), a 30-day period of congressional review as 44
58+provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 45 ENGROSSED ORIGINAL
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67-_________________________________
68-Mayor
69-District of Columbia
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65+24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 46
66+Columbia Register. 47