D.C. Law 10-186. Roadway, Alley and Sidewalk Improvement Act of 1994.

D.C. Law 10-186. Roadway, Alley and Sidewalk Improvement Act of 1994.

AN ACT

To exempt low assessment home owners, entities exempt from the real property tax, and all real property owners (when the Mayor determines that the health and safety of the public is at risk) from the requirement of depositing funds, or paying any of the cost for the improvement of streets, avenues, roads or alleys abutting their property or the construction of curbs, gutters, sewer and sidewalks on the streets, avenues, roads or alleys, and to require the Mayor to submit to the Council a 5-year plan for the improvement of all unimproved streets, avenues, roads, and alleys and the construction of curbs, gutters, sewers, and sidewalks thereon in the District.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Roadway, Alley and Sidewalk Improvement Act of 1994".

Sec. 2. (a) Notwithstanding rely other provision of law, owners of property abutting streets, avenues, roads or alleys to be improved, or to have curbs, gutters, sewers, or sidewalks constructed thereon, shall not be required to make any deposit, nor shall the abutting property be assessed any part of the cost, for the improvement of the streets, avenues, roads or alleys, or the construction of curbs, gutters, sewers, or sidewalks if the following conditions exist:

(1) The abutting property is Class 1 real property; and

(2) The abutting Class 1 Property, as evidenced by the most current certificates of tax assessment, is less than 80% of the median assessed value of all Class 1 real property in the District as reported by the Mayor; or

(3) The real property is exempt from the real property tax in the District pursuant to section 1 of An Act To define real property exempt from taxation in the District of Columbia, approved December 24, 1942 (56 Stat. 1089; D.C. Code § 47-1002); or

(4) The Mayor determines that circumstances exist that threaten the health and safety of the public and that improvement of the streets, avenues, roads, and alleys, or the construction of curbs, gutters, sewers, or sidewalks thereon, is necessary to protect the health and safety of the public.

(b) The Mayor has sole discretion in the determination of which streets, avenues, roads, and alleys are to be improved, or which streets, avenues, roads, and alleys are to have curbs, gutters, sewers, or sidewalks constructed thereon where the exemption in subsection (a) of this section would be granted to owners of abutting property.

Sec. 3. Within 6 months of the effective date of this act, the Mayor shall submit to the Council a 5-year plan for the improvement of all unimproved streets, avenues, roads, and alleys and the construction of curbs, gutters, sewers, and sidewalks thereon in the District.

Sec. 4. This act shall take effect after a 30-day period of Congressional review following approval by the Mayor (or in the event of veto by the Mayor, action by the Council of the District of Columbia to override the veto) as provided in section 602(c)(1) of the District of Columbia Self-Government and Governmental Reorganization Act, approved December 24, 1973 (87 Stat. 813; D.C. Code § 1-233(c)(1)), and publication in either the District of Columbia Register, the District of Columbia Statutes-at-Large, or the District of Columbia Municipal Regulations.