2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 6B - Urban Forest Preservation › § 8–651.08. Enforcement

§ 8–651.08. Enforcement.
(a) Civil fines, penalties, and fees may be imposed as sanctions for any infraction of the provisions of this chapter, or any regulations issued under the authority of this chapter, pursuant to Chapter 18 of Title 2.
(b)(1) The Mayor may issue a stop work order, which, upon service, would mandate the cessation or holding of work, if the Mayor finds that any work is being performed, or may be performed imminently, in violation of the provisions of this chapter. A stop work order under this subsection shall be in writing and in a form prescribed by the Mayor.
(2) A stop work order under this subsection shall contain:
(A) The reason for the stop work order;
(B) The conditions under which the cited work will be permitted to resume;
(C) The address of the property;
(D) The specific areas of the property and specific activities covered by the stop work order;
(E) The specific section of this chapter that was violated or that may be imminently violated; and
(F) A description of the right to request review of the stop work order under paragraph (6) of this subsection, information on how to request such review, and the deadline to file such a request.
(3) No stop work order under this subsection shall be issued or considered valid unless it contains all of the information specified in paragraph (2) of this subsection and the signature of the issuing official.
(4) The Mayor shall effect service of a stop work order by:
(A) Personal service on the property owner or on the property owner's agent; or
(B) Posting the stop work order in a conspicuous location on the property subject to the stop work order.
(5) The Mayor may require, as a condition of lifting the stop work order, a property owner subject to a stop work order under this subsection to:
(A) Implement an approved Tree Preservation Plan pursuant to § 8-651.04b; or
(B) Sign a written statement acknowledging the requirements of this chapter, agreeing not to illegally remove any Special Trees or Heritage Trees after the stop work order is lifted, and acknowledging the penalties to which the property owner may be subject upon violation of this chapter.
(6)(A) No later than 10 business days after receiving notice of a stop work order, the property owner or the property owner's agent may request review by the Mayor on a form provided by the Mayor and shall state, in writing, the grounds for the requested review.
(B) Upon receipt of a request for review that complies with subparagraph (A) of this paragraph, the Mayor shall affirm, modify, or reverse the stop work order within 15 business days after receipt of the request. If the Mayor does not act upon the review request within the 15 business day period, the stop work order shall be lifted. A decision of the Mayor under this subparagraph shall be a final decision on the specific issue in the review request.
(C) The property owner or the property owner's agent may appeal a final decision of the Mayor, or portion thereof, under subparagraph (B) of this paragraph by filing an appeal with the Office of Administrative Hearings within 10 business days after the date the property owner or the property owner's agent receives notice of the final decision.
(7) Before a stop work order under this subsection is issued, the Mayor may issue a warning notice to the property owner or the property owner's agent.
(8) A violation of a stop work order issued under this subsection shall constitute a violation of this chapter.
(9) Whenever it appears that any person has violated, or is about to violate, a stop work order issued under this subsection, the Office of the Attorney General for the District of Columbia may bring an action in the Superior Court of the District of Columbia for injunctive relief.
(10) The Mayor shall notify the Department of Consumer and Regulatory Affairs or the Department of Buildings, within 5 days after the Mayor issues or lifts a stop work order under this subsection, of the address of the impacted property and the scope of the stop work order.
(c) Where the negligent, willful, or reckless actions of a person or entity result in harm to a Special Tree or Heritage Tree in violation of this chapter, and where that Special Tree or Heritage Tree would have been ineligible for a removal permit under this chapter, the Mayor may revoke any permit listed in § 8-651.04b(d) at the site where the violation occurred.
(d)(1)(A) The Mayor shall deny a construction permit application under subchapter I of Chapter 14 of Title 6 to an applicant where the owner, applicant, general contractor, construction manager, home improvement contractor, arborist, landscape architect, tree removal specialist, or responsible officer willfully or recklessly violated this chapter within the prior 3 years, except to the extent necessary to address a hazard posing an imminent and substantial threat to the health and safety of persons at the property.
(B) Subparagraph (A) of this paragraph shall only apply to willful and reckless violations that occur after August 16, 2022.
(2) The Mayor shall revoke, for 2 years, any license issued under subchapter I-A of Chapter 28 of Title 47 or subchapter I-B of Chapter 28 of Title 47 held by a person or entity who, while operating under such license, willfully or recklessly violates this chapter.
(e) Any person aggrieved by a final decision or order of the Mayor under subsection (c) or subsection (d) of this section may appeal the decision or order to the Office of Administrative Hearings within 30 business days after the Mayor issues the decision or order.
(f) The enforcement measures described in subsections (b), (c), and (d) of this section may be used in addition to, or instead of, imposing a civil fine, penalty, or fee under subsection (a) of this section.
(g) The Mayor shall impose a penalty equivalent to triple the amount otherwise imposed under this chapter on a person who hires a person or entity to perform landscape architecture, arborist, or tree removal services if:
(1) The person knows that the person or entity hired to perform such services does not have a license required under subchapter I-B of Chapter 28 of Title 47; and
(2) The person or entity hired to perform such services violates this chapter.
(June 12, 2003, D.C. Law 14-309, § 108, 50 DCR 888; Aug. 16, 2022, D.C. Law 24-152, § 2(g), 69 DCR 007730; Sept. 6, 2023, D.C. Law 25-50, § 8002(a), 70 DCR 10366.)
Emergency Legislation
For temporary (90 days) amendment of this section, see § 2(a) of Urban Forest Preservation Stop Work Order Authority Congressional Review Emergency Amendment Act of 2022 (D.C. Act 24-452, June 28, 2022, 69 DCR 007762).
For temporary (90 days) amendment of this section, see § 2(a) of Urban Forest Preservation Stop Work Order Authority Emergency Amendment Act of 2022 (D.C. Act 24-351, Mar. 28, 2022, 0 DCR 0).
Temporary Legislation
For temporary (225 days) amendment of this section, see § 2(a) of Urban Forest Preservation Stop Work Order Authority Temporary Amendment Act of 2022 (D.C. Law 24-133, June 30, 2022, 69 DCR 004408).