District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0920 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	~~ENROLLED~~ ORIGINAL
	1	+	ENGROSSED ORIGINAL
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6		-	AN ACT
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8		-	____________
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11		-	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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16		-	To authorize the Mayor to repair and restore certain covenanted roads in the District of Columbia
17		-	with or without the consent of the property owner; to authorize the Mayor to obtain
18		-	appropriate releases and indemnification from adjacent property owners; and to authorize
19		-	the Mayor to recover expenses from private property owners on behalf of the District .
20		-
21		-	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
22		-	act may be cited as the “ Restoration of Covenanted Roads and Alleys by the District Government
23		-	Act of 2024.”
24		-
25		-	Sec. 2. Restoration of certain private roads, alleys, and rights of way by the District.
26		-	(a) The Mayor may repair or restore a privately owned road, alley, or other right of way
27		-	(“private right of way”) described in subsection (b) of this section to such condition as the Mayor
28		-	deems appropriate for the passage of motor vehicles owned or operated by the District
29		-	government, and the Mayor may enter such private right of way for the purpose of such repair or
30		-	restoration with or without the consent of the owner of the property.
31		-	(b) The private right of way referred to in subsection (a) of this section is private property
32		-	that meets each of the following conditions:
33		-	(1) The owner has covenanted to the District that the private property shall be
34		-	subject to an easement and right of way for the passing of motor vehicles by others, or has
35		-	otherwise provided such an easement and right of way;
36		-	(2) The District government uses, or in the event of emergency, would likely use,
37		-	the private right of way for the passage of District government motor vehicles;
38		-	(3) The private right of way is not in a state of good repair , as determined by the
39		-	Mayor, for the passing of motor vehicles by the District government; and
40		-	(4) The Mayor, after reasonable effort, has been unable to locate the owner of the
41		-	private property.
42		-	(c) Before repairing or restoring a private right of way under this section, the Mayor shall
43		-	attempt to:
44		-	(1) Obtain from each owner of private property adjacent to the private right of
45		-	way, and each owner of property likely to be impacted by the repair or restoration of the private
46		-	right of way, a release of liability and indemnification related to the repair or restoration; and ENROLLED ORIGINAL
	6	+	AN ACT 1
	7	+	2
	8	+	____________ 3
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	10	+	5
	11	+	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 6
	12	+	7
	13	+	____________ 8
	14	+	9
	15	+	10 To authorize the Mayor to repair and restore certain covenanted roads in the District of Columbia 11
	16	+	with or without the consent of the property owner; to authorize the Mayor to obtain 12
	17	+	appropriate releases and indemnification from adjacent property owners; and to authorize 13
	18	+	the Mayor to recover expenses from private property owners on behalf of the District. 14
	19	+	15 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 16
	20	+	act may be cited as the “Restoration of Covenanted Roads and Alleys by the District Government 17
	21	+	Act of 2024.” 18
	22	+	19
	23	+	Sec. 2. Restoration of certain private roads, alleys, and rights of way by the District. 20
	24	+	(a) The Mayor may repair or restore a privately owned road, alley, and other right of way 21
	25	+	(“private right of way”) described in subsection (b) of this section to such condition as the Mayor 22
	26	+	deems appropriate for the passage of motor vehicles owned or operated by the District 23
	27	+	government, and the Mayor may enter such private right of way for the purpose of such repair or 24
	28	+	restoration with or without the consent of the owner of the property. 25
	29	+	(b) The private right of way referred to in subsection (a) of this section is private property 26
	30	+	which meets each of the following conditions: 27
	31	+	(1) The owner has covenanted to the District that the private property shall be 28
	32	+	subject to an easement and right of way for the passing of all or some motor vehicles, or has 29
	33	+	otherwise provided such an easement and right of way to the District; 30 ENGROSSED ORIGINAL
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51		-	(2) Obtain such other releases and indemnifications, and impose such other
52		-	conditions as the Mayor deems appropriate.
53		-	(d)(1) If the covenant referred to in subsection (b)(1) of this section requires the owner of
54		-	the private right of way to maintain the private right of way in a condition suitable for the
55		-	passage of motor vehicles, the Mayor may recover from the owner of the private right of way the
56		-	cost and expenses incurred by the District under this section for the repair and restoration of the
57		-	private right of way. The amount to be recovered from the owner shall be a continuing and
58		-	perpetual lien under section 8(f) of the Litter Control Administration Act of 1985, effective
59		-	March 25, 1986 (D.C. Law 6- 100; D.C. Official Code § 8- 807(f)) (“Litter Control Act”), and
60		-	may be enforced in the same manner as provided in section 8(f) of the Litter Control Act.
61		-	(2) For good cause shown, the Mayor may abate the amount of the recovery or
62		-	lien imposed under paragraph (1) of this subsection and any charges, expenses, penalties, and
63		-	interest accruing under section 8(f) of the Litter Control Act.
64		-
65		-	Sec. 3. Fiscal impact statement.
66		-	The Council adopts the fiscal impact statement in the committee report as the fiscal
67		-	impact statement required by section 4a of the General Legislative Procedures Act of 1975,
68		-	approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
69		-
70		-	Sec. 4. Effective date.
71		-	This act shall take effect following approval of the Mayor (or in the event of veto by the
72		-	Mayor, action by the Council to override the veto) and a 30-day period of congressional review
73		-	as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December
74		-	24, 1973 (87 Stat. 813; D.C. Official Code § 1- 206.02(c)(1)).
	38	+	(2) The District government frequently uses, or in the event of emergency, would 31
	39	+	likely use, the private property for the passage of a District government motor vehicle; 32
	40	+	(3) The owner of the private property has failed to maintain the easement in a 33
	41	+	condition suitable, as determined in the Mayor’s sole discretion, for the passing of motor 34
	42	+	vehicles by the District government; and 35
	43	+	(4) The Mayor, after reasonable effort, has been unable to locate the owner of the 36
	44	+	private property. 37
	45	+	(c) Before repairing or restoring a private right of way under this section, the Mayor may, 38
	46	+	as a precondition to such repair or restoration: 39
	47	+	(1) Require each owner of private property adjacent to the private right of way , 40
	48	+	and each owner of property potentially impacted by the repair or restoration of the private right 41
	49	+	of way, to provide a release of liability and indemnification related to the repair or restoration; 42
	50	+	and 43
	51	+	(2) Require such other releases and indemnifications, and impose such other 44
	52	+	conditions, except as to cost, as the Mayor deems appropriate. 45
	53	+	(d)(1) If the covenant referred to in subsection (b)(1) of this section requires the owner of 46
	54	+	the private right of way to maintain the private right of way in a condition suitable for the 47
	55	+	passage of motor vehicles, the Mayor may recover from the owner of the private right of way up 48
	56	+	to 3 times the cost and expenses incurred by the District under this section for the repair and 49
	57	+	restoration of the private right of way . The amount to be recovered from the owner shall be a 50
	58	+	continuing and perpetual lien under section 8(f) of the Litter Control Administration Act of 1985 51 ENGROSSED ORIGINAL
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79		-	___________________________________
80		-	Chairman
81		-	Council of the District of Columbia
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	63	+	(“Litter Control Act”), effective March 25, 1986 (D.C. Law 6- 100; D.C. Official Code § 8-52
	64	+	807(f)) and may be enforced in the same manner as provided in section 8(f) of the Litter Control 53
	65	+	Act. 54
	66	+	(2) For reasonable cause shown, the Mayor may abate the amount of the recovery 55
	67	+	or lien against the owner and any other charge, expense, penalty, or interest imposed or accruing 56
	68	+	under this section, including charges, expenses, penalties, and interest accruing under section 8(f) 57
	69	+	of the Litter Control Act. 58
	70	+	Sec. 3. Fiscal impact statement. 59
	71	+	The Council adopts the fiscal impact statement in the committee report as the fiscal 60
	72	+	impact statement required by section 4a of the General Legislative Procedures Act of 1975, 61
	73	+	approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1 -301.47a). 62
	74	+	Sec. 4. Effective date. 63
	75	+	This act shall take effect following approval of the Mayor (or in the event of veto by the 64
	76	+	Mayor, action by the Council to override the veto), a 30- day period of congressional review as 65
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87		-	_________________________________
88		-	Mayor
89		-	District of Columbia
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	94	+	provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 79
	95	+	24, 1973 (87 Stat. 813; D.C. Official Code § 1- 206.02(c)(1)), and publication in the District of 80
	96	+	Columbia Register. 81
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