DC DEPARTMENT OF CONSUMER & REGUALTORY

AFFAIRSVacant Property Program

DC CODE SECTION 42-3131.05 Registration of Vacant Buildings

October 4, 2010

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MISSION

To improve the social and economic health of the District of Columbia by returning vacant properties to productive use and ensuring that owners maintain such properties as clean, safe and secure.

 

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Summary of Services

The Vacant Property Unit (VPU) is responsible for investigating, surveying and classifying vacant properties through proactive inspections, complaints from residents and referrals from other agencies and organizations.

 

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City Wide Survey

• Beginning around October 2007 DCRA conducted a survey of the entire city to identify vacant properties

• Approximately 3,300 properties were identified as vacant.

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What is a Vacant Property?

• DC Code Section 42-3131.05 defines a vacant property as:

• “… a building, or part of a building, which contains a dwelling or commercial unit … which … has not been occupied continuously.

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Vacant Property Classification Process

• The VPU conducts an initial four point survey/inspection to determine whether or not the property has;

• (1) trash and debris

• (2) excessive grass and vegetation

• (3) graffiti and

• (4) is open and accessible.

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DEPARTMENT OF CONSUMER AND REGULATORY AFFAIRS Enforcement & Compliance Administration

OFFICE OF VACANT PROPERTY 941 N. Capitol Street NE, Suite 7100, Washington, DC 20002

Tel: (202) 442-4332 Fax: (202) 442-9564 Website: www.dcra.dc.gov VACANT PROPERTY SURVEY

STREET # STREET NAME STREET TYPE QUADRANT APT/UNIT

WARD SQUARE, SUFFIX, LOT

CANNOT IDENTIFY ADDRESS

APPROXIMATE LOCATION: BETWEEN STREETS _____________________________ AND ______________________________

MAJOR LANDMARK ____________________________

PROPERTY STATUS

STRUCTURE CONDITION

MATERIAL STRUCTURE USE

VERIFICATION METHOD (check all that apply)

VERIFICATION METHOD (check all that apply)

VACANT

VACANT LOT

NO SUCH ADDRESS EXIST

OCCUPIED

EXCELLENT

GOOD

FAIR

POOR

BRICK

SIDING

WOOD/FRAME

OTHER

USE TYPE

RESIDENTIAL

COMMERCIAL

MIXED

APARTMENT

SINGLE FAMILY

DUPLEX

HOTEL/MOTEL

STORE

ROOMING HOUSE

OFFICE BUILDING

CHURCH

GARAGE

SHED

OTHER ___________________

ACCUMULATED MAIL

NEIGHBOR VERIFIED/COMPLAINT

NO WINDOW COVERING

NO FURNITURE OBSERVABLE

DEFERRED MAINTENANCE (LOOSE GUTTERS, PAINT CHIPPING, ETC)

PHOTOGRAPH

KNOCKED

UTILITIES

BOARDED UP

OTHER _________________

VISIBLE VIOLATIONS (check all that apply)

EXCESSIVE VEGETATIVE GROWTH TRASH AND DEBRIS

GRAFFITI OPEN AND ACCESSIBLE COMMENTS: _____________________________________________________________________________________________________________ _____________________________________________________________________________________________________________ _____________________________________________________________________________________________________________ _____________________________________________________________________________________________________________ INSPECTOR NAME BADGE # DATE TIME SVP #

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Process Other indicia of vacancy

• Complaints/information from neighbors• “For Sale” signs & property has no

furnishings within plain view• Accumulated mail• Non-functioning utility meters• Lack of maintenance; gutters, peeling paint,

broken windows and doors.

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Examples of Properties

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Neighborhood Walkthroughs

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Process

• If the survey/inspection provides convincing evidence that the property is vacant a registration packet is sent the owner of record.

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Process• Owner must return registration application within

30 days (annually)• Five days added for mailing to property owner;

five days added for owner returning application• Property must be re-inspected• Minimum of 45 days for process to be completed.• VPU conducts re-inspection• Property determined to be (a) Vacant or

(b) Vacant & Blighted

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Registration Application For Vacant Properties (Not blighted)

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Process

• Owners of vacant properties must maintain and register properties within 30 days after it becomes vacant.

• Owner shall arrange for the inspection of the building (13 point)

• Registration lasts for one year …• If the owner … fails to comply … the

Mayor may deny or revoke the registration and subject the owner to penalties …

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2011 Registration Application For Vacant Properties Deemed Blighted

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Notice of Determination

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BCIB Determination

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13 Point Inspection

Please see the reverse of this form for important instructions and guidelines to make the required corrections to your property.

WHITE COPY – DCRA FILE YELLOW COPY – OWNER/AGENT PINK COPY - INSPECTOR

VVAACCAANNTT PPRROOPPEERRTTYY IINNSSPPEECCTTIIOONN RREEPPOORRTT DEPARTMENT OF CONSUMER AND REGULATORY AFFAIRS ENFORCEMENT AND COMPLIANCE ADMINISTRATION, OFFICE OF VACANT PROPERTY 941 NORTH CAPITOL, STREET, NE #7100 WASHINGTON, DC 20002

Tel: (202) 442-4332 Fax: (202) 442-9564 Website: dcra.dc.gov

FULL INSPECTION RE-INSPECTION EXTERIOR INSPECTION ONLY NO SHOW

RESPONSIBLE PARTY Owner Name and Address

Agent Name and Address

Phone Number: Fax: Email:

VACANT PROPERTY INFORMATION

Property Address

Lot: Square: Registration No:

Property Status

VACANT OCCUPIED UNDER CONSTRUCTION

Property Use

RESIDENTIAL COMMERCIAL BOTH

VACANT PROPERTY INSPECTION INFORMATION – 14 DCMR 6800 et seq. Abatement Period

Fine

1. Doors, windows, areaways, and other openings are weather-tight and secured against entry by birds, vermin, and trespassers, and missing or broken doors, windows, and other openings are covered with ½ inch CDX plywood that is weather protected tightly fitted to the opening and secured by screws or bolts. (14 DCMR 6800.3 (a)(1-3))

Pass Fail N/A

15 days

$500.00

2. The roof and flashing are sound and tight, will not admit moisture, and are drained to prevent dampness or deterioration in the walls or interior. (14 DCMR 6800.3 (b)(1-3)).

Pass Fail N/A

15 days

$500.00

3. The building storm drainage system is adequately sized and installed in an approved manner and functional. (14 DCMR 6800.3 (c)).

Pass Fail N/A

15 days

$500.00

4. The interior and exterior is maintained in good repair, structurally sound, free from debris, rubbish, and garbage, and sanitary so as to not threaten public health or safety. (14 DCMR 6800.3 (d)).

Pass Fail N/A

3 days

$500.00

5. The structural members are free of deterioration and capable of safely bearing imposed dead and live loads. (14 DCMR 6800.3 (e)).

Pass Fail N/A

30 days

$2000.00

6. The foundation walls are plumb, free from open cracks and breaks, and vermin-proof. (14 DCMR 6800.3 (f)).

Pass Fail N/A

30 days

$500.00

7. The exterior walls are free of holes, breaks, and loose or rotting materials, and exposed metal and wood surfaces are protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint. (14 DCMR 6800.4 (a)).

Pass Fail N/A

30 days

$500.00

8. The cornices, belt courses, corbels, terra cotta trim, wall facings, and similar decorative features are safe, anchored, and in good repair and exposed metal and wood surfaces are protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint. (14 DCMR 6800.4 (b)).

Pass Fail N/A

7 days

$500.00

9. All balconies, canopies, marquees, signs, metal awnings, stairways, fire escapes, standpipes, exhaust ducts, and similar features are in good repair, anchored, safe and sound, and exposed metal and wood surfaces are protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint. (14 DCMR 6800.4 (c)).

Pass Fail N/A

7 days

$500.00

10. Chimneys, cooling towers, smokestacks, and similar appurtenances are structurally safe, sound and in good repair, and exposed metal and wood surfaces are protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint. (14 DCMR 6800.4 (d)).

Pass Fail N/A

30 days

$500.00

11. Openings in sidewalks are safe for pedestrian travel. (14 DCMR 6800.4 (e)). Pass Fail N/A

15 days

$500.00

12. Accessory and appurtenant structures such as garages, sheds, and fences are free from safety health, and fire hazards. (14 DCMR 6800.4 (f)).

Pass Fail N/A

15 days

$500.00

13. The property on which the structure is located is clean, safe, and sanitary and does not threaten the public health or safety. (14 DCMR 6800.4 (g)).

Pass Fail N/A

3 days

$500.00

In Compliance with all Maintenance Standards Yes No TOTAL FINES ($)

Inspection Date/Time Inspector Name

Inspector Phone # Inspector Badge # Inspector Signature

Served Date/Time Responsible Party Signature/Name

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Vacant Building Maintenance StandardsDC Code Section 42-3131.12 contains thirteen maintenance standards that must be met:

(1) Doors, windows, areaways, and other openings are weather-tight and secured against entry by birds, vermin, and trespassers, and missing or broken doors, windows, and other openings are secure;

(2) The roof and flashing are sound and tight, will not admit moisture…;

(3) The building storm drainage system is adequately sized and installed;

(4) The interior and exterior is maintained in good repair, structurally sound, free from debris, rubbish, and garbage, and sanitary;

(5) The structural members are free of deterioration and capable of safely bearing imposed dead and live loads;

  

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Maintenance Standards(6) The foundation walls are plumb, free from open cracks and breaks, and

vermin-proof;

(7) The exterior walls are free of holes, breaks, and loose or rotting materials, and exposed metal and wood surfaces are protected;

(8) The cornices, belt courses, corbels, terra cotta trim, wall facings, and similar decorative features are safe, anchored, and in good repair;

(9) All balconies, canopies, marquees, signs, metal awnings, stairways, fire escapes, standpipes, exhaust ducts, and similar features are in good repair;

(10) Chimneys, cooling towers, smokestacks, and similar appurtenances are structurally safe, sound, and in good repair;

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Maintenance Standards

(11) Openings in sidewalks are safe for pedestrian travel;

(12) Accessory and appurtenant structures such as garages, sheds, and fences are free from safety, health, and fire hazards; and

(13) The property on which a structure is located is clean, safe, and sanitary and does not threaten the public health or safety.

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Abatement and Condmenation of Nuisance Properties Omnibus Act of 2000

(Effective April 2001)

• DCRA designated vacant properties; sent list to Office of Tax and Revenue (OTR)

• Owner could appeal DCRA’s classification to the Office of Administrative Hearings

• OTR mailed owner proposed vacant property classification notification affording owner one of 15 exemptions

• OTR had final classification authority

• Property owner could appeal to BRPPA & then to Superior Court.

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Nuisance Properties Abatement Reform and Real Property Classification Temporary Amendment Act of 2007

• 1 - consolidated exemptions under DCRA• 2 - vests fully DCRA with authority to classify • 3 - reduced number of exemptions• 4 - provides for internal agency appeal procedure• 5 - authorizes BRPAA to hear vacant property appeals

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Vacant Property Disincentivization Amendment Act 2010

• Effective for tax Year 2010• Created Blighted Class- “A blighted vacant building

means a vacant building that is determined by the Mayor to be unsafe, insanitary, or which is otherwise determined to threaten the health, safety, or general welfare of the community”

• Factors to be considered:• Subject to condemnation proceeding• Boarded up;• Failure to comply with maintenance standards

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Appeal ProcessDC Code §42-3131.15

(2008 Amendment)

1. VPU designates property as vacant Owner submits vacant property application and requests one of the

exemptions.

2. Exemption denied and Denial of Registration Exemption is issued.

3. Owner may petition agency for reconsideration within 15 days. Agency has 30 days to issue final Notice of Final Determination (NFD)

4. Within 45 days of NFD owner may file appeal with BRPPA (only if a NFD was issued).

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Registration Exemption Denial

GOVERNMENT OF THE DISTRICT OF COLUMBIA DEPARTMENT OF CONSUMER AND REGULATORY AFFAIRS

Enforcement and Compliance Administration

DENIAL LETTER September 10, 2009 Department of Consumer & Regulatory Affairs Office of the Director 941 North Capitol Street, N.E. – Suite 9500 Washington, D.C. 20002 RE: Appeal from Denial of Registration Exemption

For 941 North Capitol Street, N.E. Square 0675 Lot 0851

Dear Director: This is in response to your request for an exemption from the Registration of Vacant Buildings Law. Based on your submission(s) and our inspection, the Office of Vacant Property has denied your request for an exemption for tax year 2009. Insufficient utility usage for occupied status. Permits were not available, expired or insufficient. Lease and/or listing agreement were not available. Zoning application and/or Historic preservation documents were not available. Probate documents were not available. Property violations were not abated. Exemption previously exhausted in 2008 tax year. You have 15 days after you receive this notice to complete the attached appeal form. For more information on appeals, please visit our website at www.dcra.dc.gov. If you have any questions, please call (202) 442-4332. Office of Vacant Property

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Notice of Final DeterminationOffice of the Deputy Director

Notice of Final Determination September 10, 2009 Department of Consumer & Regulatory Affairs Office of the Director 941 North Capitol Street, N.E. – Suite 9500 Washington, D.C. 20002 RE: Appeal from Denial of Registration Exemption

For 941 North Capitol Street, N.E. Square 0675 Lot 0851

Dear Director: The Department of Consumer and Regulatory Affairs (DCRA), has reviewed and denied your vacant property appeal for the above referenced property for the following reasons: During real property tax year 2008 you requested and was granted an exemption because you were “actively seeking to rent or sell” the property. According to D.C. Code Section 42.3131.06(b) (4) the “time period for sale or rent shall not exceed one year…” That exemption lasted from October 1, 2007 through September 31, 2008. On March 8, 2009 you filed a Vacant Property Registration Form and requested that the property again be exempted because “the owner is actively seeking to sell or rent the property.” However, you have already exhausted the time period for this exemption. Therefore, your request is denied for tax year 2009. You have the right to appeal this final decision with the Board of Real Property Assessments and Appeals (BRPAA) within 45 days after the date of this decision. BRPAA is located at 441 4th Street, N.W., Washington, D.C. 20001, Suite 430S. Their number is 202-727-6860. If you have any question regarding the registration process or inspection requirements, please call DCRA’s Office of Vacant Property at (202) 442-4332 or visit our website at www.dcra.dc.gov.

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Notice of Untimely AppealOffice of the Deputy Director

Notice of Untimely Appeal

September 10, 2009

Department of Consumer & Regulatory Affairs Office of the Director 941 North Capitol Street, N.E. – Suite 9500 Washington, D.C. 20002

RE: Appeal Request for prior Tax Years For 941 North Capitol Street, N.E. Square 0675 Lot 0851

Dear Director: Your appeal to the Department of Consumer and Regulatory Affairs (DCRA), for tax years 2004, 2005 and 2006 has been reviewed and denied for the following reasons:

Failure to register properties within a timely manner. All properties within thirty-days (30) of becoming vacant must be registered with the Office of Vacant Property.

Prior to the Nuisance Properties Abatement Reform and Real Property Classification Amendment Act of 2007 (the Act) the Office of Tax and Revenue (OTR) and the Department of Consumer and Regulatory Affairs (DCRA) shared joint responsibility over classifying vacant properties in the District. Beginning March 8, 2007, The Act, among other things, eliminated the redundancies of two agencies granting exemptions by; (1) vesting full authority of classification within DCRA; (2) eliminating some exemptions and; shortening others. Since the Act became effective on March 8, 2007, it ostensibly affected real property tax year 2008 which covered October 1, 2007 through September 30, 2008; tax year 2007 began October 1, 2006 through September 30, 2007. Therefore, OTR had jurisdiction over appeals of tax years prior to 2008. Also, pursuant to D.C. Code 42-825.02(f-1)(1)(A):

[b]efore April 2 of the year immediately preceding tax year, an owner may petition for an administrative review of the real property's in-cycle or out of cycle assessed value or its classification that shall be in effect for the tax year at issue and any remaining portion of the property's 3-year triennial cycle.

Therefore, appeals for tax years prior to the current tax year, that is 2009, are untimely and for that reason your appeal is denied. If you have any questions regarding the registration process or inspection requirements, please call the Vacant Property Unit at (202) 442-4332 or visit our website at www.dcra.dc.gov.

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Issues

• Property owners are appealing years prior to 2009• Untimely • Lack of jurisdiction• Property owners are mischaracterizing what they

are appealing; assessment vs. classification.• Superior Court addresses appeals at the tax sale

level

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Appeal Process

Notice of Registration

30 Days

Registration Exemption

DENIED

Notice of Denial & Rights

to APPEALsent to owner

APPEAL (Reconsideration) submitted to the Office of Director

APPEALBoard Real Property

Assessment

15 Days

DCRA Notice of

Final Determination

45 Days

30 DaysRegistration Exemption GRANTED

DCRA sends Notification of Tax

Classification Change to OTR

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• Questions &

• Answers