D.C. Law 21-200. Vacant Property Enforcement Amendment Act of 2016.

D.C. Law 21-200. Vacant Property Enforcement Amendment Act of 2016.

AN ACT

To amend An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District, and for other purposes to reduce the maximum duration of vacant property tax exemptions, and to increase maximum fines for noncompliance.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Vacant Property Enforcement Amendment Act of 2016".

Sec. 2. An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District, and for other purposes, approved April 14, 1906 (34 Stat.114; D.C. Official Code § 42-3131.01 et seq.), is amended as follows:

Amend § 42-3131.06

(a) Section 6 (D.C. Official Code § 42-3131.06) is amended as follows:

(1) A new subsection (a-1) is added to read as follows:

"(a-1)(1) After the initial designation of a property as vacant or blighted, the Mayor shall not be required to perform additional inspections or surveys to sustain that classification.

"(2) After the Mayor has made a final determination that a building is a vacant building or blighted vacant building, that final designation shall remain in effect until the property owner submits information to the Mayor sufficient to warrant a change to that classification.".

(2) Subsection (b)(3) is amended to read as follows:

"(3) Under active construction or undergoing active rehabilitation, renovation, or repair, and there is a building permit to make the building fit for occupancy that was issued, renewed, or extended within 12 months of the required registration date; provided, that the time period for this exemption beginning from the date the initial building permit was issued shall not exceed:

"(A) One year for a residential building; provided, that a residential building is eligible to continue to be exempt for an additional 6 months, for a total period not to exceed 18 months, if the Mayor determines that the residential building continues to be under active construction or undergoing active rehabilitation, renovation, or repair and substantial progress has been made toward making the building fit for occupancy; or

"(B) Two years for a commercial project;".

(3) Subsection (d) is amended by striking the word "fees" and inserting the phrase "fees and any unpaid taxes assessed against the property" in its place.

Amend § 42-3131.10

(b) Section 10(a) (D.C. Official Code § 42-3131.10(a)) is amended by striking the phrase "fine not to exceed $1,000" and inserting the phrase "fine not to exceed $5,000" in its place.

Amend § 42-3131.16

(c) Section 16 (D.C. Official Code § 42-3131.16) is amended by adding a new subsection (c) to read as follows:

"(c) Buildings shall remain on the list required by this section until a change in classification is approved pursuant to D.C. Official Code § 47-813(d-1)(5)(A-i)(ii).".

Amend § 42-3131.17

(d) Section 17 (D.C. Official Code § 42-3131.17) is amended by adding a new subsection (c) to read as follows:

"(c) Buildings shall remain on the list required by this section until a change in classification is approved pursuant to D.C. Official Code § 47-813(d-1)(5)(A-i)(ii).".

New § 42-3131.18

(e) A new section 18 is added to read as follows:

"Sec. 18. Publication of list by the Department of Consumer and Regulatory Affairs.

"The Department of Consumer and Regulatory Affairs shall maintain and publish at least semiannually a list of buildings that are registered as, or have been determined to be, vacant buildings or blighted vacant buildings, or which would have been but for an exemption provided pursuant to section 6(b), that specifies for each building, as applicable:

"(1) Beginning on or after the effective date of this section, the date that the building was determined to be a vacant building or blighted vacant building or registered as a vacant building pursuant to section 6; and

"(2) The exemptions, if any, applied to a building pursuant to section 6(b) or (c), and the dates during which each exemption applied.".

Sec. 3. Fiscal impact statement.

The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).

Sec. 4. Effective date.

This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), a 30-day period of congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813: D.C. Official Code § 1-206.02(c)(1)) and publication in the District of Columbia Register.