Transcript District of Columbia Vacant Property Program

DC DEPARTMENT OF
CONSUMER & REGUALTORY
AFFAIRS
Vacant Property Program
DC CODE SECTION 42-3131.05
Registration of Vacant Buildings
October 4, 2010
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.
2
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.
3
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.
4
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.
5
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
WARD
SQUARE, SUFFIX, LOT
CANNOT
IDENTIFY
ADDRESS
APPROXIMATE LOCATION: BETWEEN STREETS
QUADRANT
MAJOR LANDMARK
_____________________________ AND ______________________________
PROPERTY
STATUS
VACANT
STRUCTURE
CONDITION
MATERIAL
EXCELLENT
STRUCTURE
USE
BRICK
VACANT LOT
GOOD
SIDING
NO SUCH
ADDRESS
EXIST
FAIR
WOOD/FRAME
POOR
OTHER
OCCUPIED
USE TYPE
RESIDENTIAL
COMMERCIAL
MIXED
APT/UNIT
APARTMENT
SINGLE
FAMILY
DUPLEX
____________________________
VERIFICATION
METHOD
(check all that apply)
VERIFICATION
METHOD
(check all that apply)
ACCUMULATED
MAIL
PHOTOGRAPH
KNOCKED
NEIGHBOR
VERIFIED/COMPLAINT
HOTEL/MOTEL
STORE
NO WINDOW
COVERING
ROOMING
HOUSE
OFFICE
BUILDING
CHURCH
NO FURNITURE
OBSERVABLE
GARAGE
SHED
UTILITIES
BOARDED UP
OTHER
_________________
DEFERRED
MAINTENANCE
(LOOSE GUTTERS,
PAINT CHIPPING,
ETC)
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.
8
Examples of Properties
9
10
11
12
13
14
15
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
22
BCIB Determination
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13 Point Inspection
VACANT PROPERTY INSPECTION REPORT
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
Property Status
Property Use
RESIDENTIAL
COMMERCIAL
BOTH
VACANT
OCCUPIED
UNDER CONSTRUCTION
Lot:
Square:
Registration No:
Abatement
Period
Fine
15 days
$500.00
15 days
$500.00
15 days
$500.00
3 days
$500.00
30 days
$2000.00
30 days
$500.00
30 days
$500.00
7 days
$500.00
Pass
Fail
N/A
7 days
$500.00
Pass
Fail
N/A
30 days
$500.00
15 days
$500.00
15 days
$500.00
3 days
$500.00
VACANT PROPERTY INSPECTION INFORMATION – 14 DCMR 6800 et seq.
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))
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)).
3. The building storm drainage system is adequately sized and installed in an approved manner
and functional. (14 DCMR 6800.3 (c)).
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)).
5. The structural members are free of deterioration and capable of safely bearing imposed dead
and live loads. (14 DCMR 6800.3 (e)).
6. The foundation walls are plumb, free from open cracks and breaks, and vermin-proof. (14
DCMR 6800.3 (f)).
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)).
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)).
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)).
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)).
12. Accessory and appurtenant structures such as garages, sheds, and fences are free from
safety health, and fire hazards. (14 DCMR 6800.4 (f)).
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)).
Yes
Pass
Fail
N/A
Pass
Fail
N/A
Pass
Fail
N/A
Pass
Fail
N/A
Pass
Fail
N/A
Pass
Fail
N/A
Pass
Fail
N/A
Pass
Fail
N/A
Pass
Fail
N/A
Pass
Fail
N/A
11. Openings in sidewalks are safe for pedestrian travel. (14 DCMR 6800.4 (e)).
In Compliance with all Maintenance Standards
Pass
Fail
N/A
TOTAL FINES ($)
No
Inspection Date/Time
Inspector
Name
Served Date/Time
Responsible Party Signature/Name
Inspector Phone #
Inspector Badge #
Inspector Signature
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
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Vacant Building Maintenance Standards
DC 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 Process
DC 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.
utility usage for occupied status.
ent.
n 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 Determination
Office 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 Appeal
Office 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
15 Days
Notice of
Registration
30 Days
Registration
Exemption
DENIED
Notice of
Denial & Rights
to APPEAL
sent to owner
APPEAL
(Reconsideration)
submitted to the
Office of Director
30 Days
Registration
Exemption
GRANTED
DCRA sends
Notification of Tax
Classification
Change to OTR
DCRA
Notice of
Final Determination
45 Days
APPEAL
Board Real Property
Assessment
36
• Questions &
• Answers
37