reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 10 - Parks, Public Buildings, Grounds, and Space › Chapter 11 - Rental and Utilization of Public Space › Subchapter I - General › Part C - Rental of Subsurface Space › § 10–1103.01. Permit; conditions; recordation

§ 10–1103.01. Permit; conditions; recordation.
The Mayor is authorized to issue a permit for the use of a vault constructed prior to the effective date of this subchapter, or for the construction of a vault after such effective date, only to the owner of the real property abutting the public space in which such vault is or will be located. The issuance of each such permit shall be conditioned on the prior execution by such owner of an agreement acknowledging, for himself, his heirs and assigns: (1) that no right, title, or interest of the public is thereby acquired, waived, or abridged; (2) that the Mayor may inspect such vault during regular business hours; (3) that the Mayor may introduce or authorize the introduction into or through such vault with, right of entry for inspection, maintenance, and repair, of any water pipe, gas pipe, sewer, conduit, other pipe, or other public or public utility underground construction, which the Mayor deems necessary in the public interest to place in or through such vault; (4) that such vault will be changed by the owner, or by the District at the expense of such owner, to conform with any change made in the street, roadway, or sidewalk width or grade; and (5) that rental for such vault will be paid to the District as required by this subchapter. A copy of such agreement shall be recorded in the Office of the Recorder of Deeds by and at the expense of such owner.
(Oct. 17, 1968, 82 Stat. 1158, Pub. L. 90-596, title III, § 302.)
Prior Codifications
1981 Ed., § 7-1007.
1973 Ed., § 7-908.
Section References
This section is referenced in § 10-1141.02.
Editor's Notes
Use of public space under Dupont Circle: See Act of May 22, 1975, D.C. Law 1-4, §§ 101 to 104.
Delegation of Authority
Delegation of Authority Pursuant to D.C. Law 1-4, an Act to Authorize the Mayor of the District of Columbia to Permit the Use of Public Space Under Dupont Circle in the District of Columbia, see Mayor’s Order 2010-183, December 31, 2010 ( 57 DCR 12644).
Change in Government
This section originated at a time when local government powers were delegated to the District of Columbia Council and to a Commissioner of the District of Columbia. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
2023 District of Columbia Code › Title 10 - Parks, Public Buildings, Grounds, and Space › Chapter 11 - Rental and Utilization of Public Space › Subchapter I - General › Part C - Rental of Subsurface Space › § 10–1103.03. Fixed by Council; waiver

§ 10–1103.03. Fixed by Council; waiver.
Each owner of property abutting public space in which a vault is located shall pay an annual rent fixed from time to time by the Council of the District of Columbia for such vault, but such annual rent shall not be less than $10, and such rent shall be subject to collection from said owner in the manner prescribed by this part, regardless of whether any use is made of such vault, and regardless of the extent of any use; provided, that no rent for any rental year for a vault shall be charged to the owner of abutting property if said owner, prior to July 1st of such year, has notified the Mayor in writing that he has abandoned such vault and has performed such work as may be required by the District in connection with the sealing off or filling of such vault, or both.
(Oct. 17, 1968, 82 Stat. 1159, Pub. L. 90-596, title III, § 304.)
Prior Codifications
1981 Ed., § 7-1009.
1973 Ed., § 7-910.
Change in Government
This section originated at a time when local government powers were delegated to the District of Columbia Council and to a Commissioner of the District of Columbia. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
2023 District of Columbia Code › Title 10 - Parks, Public Buildings, Grounds, and Space › Chapter 11 - Rental and Utilization of Public Space › Subchapter I - General › Part C - Rental of Subsurface Space › § 10–1103.04a. Overpayments

§ 10–1103.04a. Overpayments.
(a) If there is a payment of a rent that results in an overpayment, the overpayment shall be credited against other rent periods owed.
(b) The Chief Financial Officer shall refund the rent payment less any other rent owing; provided, that the refund shall not be allowed after 3 years from the date the rent payment was made.
(c) The owner may file a claim for a refund in the manner prescribed by the Chief Financial Officer.
(d) The District shall pay interest on the overpayment beginning 90 days after the receipt of the claim for refund; provided, that for the rent originally due on June 30, 2008, interest on the overpayment shall not accrue before 180 days from the receipt of the claim for refund.
(e) The interest payable by the District under subsection (d) of this section shall be at the rate provided in § 47-3310(c).
(f) The Chief Financial Officer shall issue a final decision concerning the claim for a refund within 180 days from the date that the claim was filed. The owner may, within 45 days from either the date of the final decision or the expiration of the 180 days if no final decision issues, file suit in the Superior Court of the District of Columbia in the same manner and to the same extent as provided in §§ 47-3303 and 47-3304; provided, that the rent, including any interest, shall have first been paid.
(Oct. 17, 1968, 82 Stat. 1159, Pub. L. 90-596, title III, § 305a; as added Dec. 24, 2008, D.C. Law 17-284, § 2(c), 55 DCR 11983; Feb. 26, 2015, D.C. Law 20-155, § 6002(e), 61 DCR 9990.)
Effect of Amendments
The 2015 amendment by D.C. Law 20-155, effective Feb. 26, 2015, and applicable July 1, 2015, substituted “Chief Financial Officer” for “Mayor” throughout the section.
Emergency Legislation
For temporary (90 days) amendment of this section, see §§ 6002(e) and 6003(a) of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).
For temporary (90 days) amendment of this section, see §§ 6002(e) and 6003 of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).
For temporary (90 days) amendment of this section, see §§ 6002(e) and 6003 of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).
Editor's Notes
Section 4 of D.C. Law 17-284 provided that sections 2 and 3 shall apply as of July 1, 2008.
Section 6003 of D.C. Law 20-155 provided that §§ 6002(a), (c), (d), (e), and (f) of the act shall apply as of July 1, 2015.
2023 District of Columbia Code › Title 10 - Parks, Public Buildings, Grounds, and Space › Chapter 11 - Rental and Utilization of Public Space › Subchapter I - General › Part C - Rental of Subsurface Space › § 10–1103.06. Removal of vault — Notice to owner; immediate action

§ 10–1103.06. Removal of vault — Notice to owner; immediate action.
Notwithstanding the provisions of the preceding section, whenever the Mayor finds that any vault or vault opening in such condition as to be imminently dangerous to persons or property, he shall immediately notify the owner, agent, or other person in charge of the private property abutting the public space in which such vault or vault opening is located, to cause such vault or vault opening to be made safe and secure. The person or persons so notified shall be allowed until 12:00 noon of the day following the service of such notice in which to commence making such vault or vault opening safe and secure; provided, that in a case where the public safety requires immediate action the Mayor may enter upon the private property abutting the public space in which such vault or vault opening is located, with such workmen and assistants as may be necessary, and cause such vault or vault opening to be made safe and secure. In any case in which the Mayor performs any work under the authority of this section, the cost to the District of performing such work shall be charged against the private property abutting the public space in which such vault or vault opening is located, and shall be collected in the manner provided by § 10-1103.07.
(Oct. 17, 1968, 82 Stat. 1160, Pub. L. 90-596, title III, § 307.)
Prior Codifications
1981 Ed., § 7-1012.
1973 Ed., § 7-913.
Change in Government
This section originated at a time when local government powers were delegated to the District of Columbia Council and to a Commissioner of the District of Columbia. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
2023 District of Columbia Code › Title 10 - Parks, Public Buildings, Grounds, and Space › Chapter 11 - Rental and Utilization of Public Space › Subchapter I - General › Part C - Rental of Subsurface Space › § 10–1103.07a. Waiver and compromise; authority of the Chief Financial Officer

§ 10–1103.07a. Waiver and compromise; authority of the Chief Financial Officer.
The Chief Financial Officer may:
(1) Waive, in whole or in part, interest assessed pursuant to this subchapter in the interest of equity or in the public interest; or
(2) Compromise any charge or vault rent assessed pursuant to this subchapter when, in the Chief Financial Officer’s judgment, there is reasonable doubt as to the liability of the owner against whom the vault rent was assessed or the collectability of the tax.
(Oct. 17, 1968, 82 Stat. 1159, Pub. L. 90-596, title III, § 308a; as added Feb. 26, 2015, D.C. Law 20-155, § 6002(g), 61 DCR 9990.)
Emergency Legislation
For temporary (90 days) addition of Pub. L. 90-596, § 308a, see § 6002(g) and 6003(b) of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).
For temporary (90 days) addition of Pub. L. 90-596, § 308a, see § 6002(g) of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).
For temporary (90 days) addition of Pub. L. 90-596, § 308a, see § 6002(g) of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).
2023 District of Columbia Code › Title 10 - Parks, Public Buildings, Grounds, and Space › Chapter 11 - Rental and Utilization of Public Space › Subchapter I - General › Part C - Rental of Subsurface Space › § 10–1103.09. Vault abutting single- or two-family dwelling exempt from rental charge

§ 10–1103.09. Vault abutting single- or two-family dwelling exempt from rental charge.
Nothing contained in this part shall be construed as authorizing the Council of the District of Columbia to impose a rental charge for the use of any vault abutting real property on which is located a single- or two-family dwelling occupied solely for residential purposes, but any such vault shall otherwise be subject to the provisions of this part.
(Oct. 17, 1968, 82 Stat. 1162, Pub. L. 90-596, title III, § 310.)
Prior Codifications
1981 Ed., § 7-1015.
1973 Ed., § 7-916.
Change in Government
This section originated at a time when local government powers were delegated to the District of Columbia Council and to a Commissioner of the District of Columbia. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
2023 District of Columbia Code › Title 10 - Parks, Public Buildings, Grounds, and Space › Chapter 11 - Rental and Utilization of Public Space › Subchapter I - General › Part C - Rental of Subsurface Space › § 10–1103.10. Rules

§ 10–1103.10. Rules.
The Chief Financial Officer, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], may issue rules to implement the provisions of this part.
(Oct. 17, 1968, 82 Stat. 1162, Pub. L. 90-596, title III, § 311; as added Feb. 26, 2015, D.C. Law 20-155, § 6002(h), 61 DCR 9990.)
Emergency Legislation
For temporary (90 days) addition of Pub. L. 90-596, § 311, see §§ 6002(h) and 6003(b) of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).
For temporary (90 days) addition of Pub. L. 90-596, § 311, see § 6002(h) of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).
For temporary (90 days) addition of Pub. L. 90-596, § 311, see § 6002(h) of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).
2023 District of Columbia Code › Title 10 - Parks, Public Buildings, Grounds, and Space › Chapter 11 - Rental and Utilization of Public Space › Subchapter I - General › Part D - General › § 10–1104.01. Regulations authorized

§ 10–1104.01. Regulations authorized.
The Council of the District of Columbia after public hearing is authorized to make and promulgate regulations to carry out the purposes of this subchapter. The regulations initially adopted by the Council under the authority of this section to carry out the purposes of part C of this subchapter shall become effective on the effective date of such sections, if, not less than 10 days prior to such date, the Council has adopted such regulations and printed a notice of such adoption in a newspaper of general circulation in the District. Otherwise, the regulations adopted by the Council under the authority of this section shall become effective 10 days after notice of their adoption has been printed in a newspaper of general circulation in the District.
(Oct. 17, 1968, 82 Stat. 1162, Pub. L. 90-596, title IV, § 401.)
Prior Codifications
1981 Ed., § 7-1016.
1973 Ed., § 7-917.
Change in Government
This section originated at a time when local government powers were delegated to the District of Columbia Council and to a Commissioner of the District of Columbia. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
2023 District of Columbia Code › Title 10 - Parks, Public Buildings, Grounds, and Space › Chapter 11 - Rental and Utilization of Public Space › Subchapter I - General › Part D - General › § 10–1104.02. Insurance requirements

§ 10–1104.02. Insurance requirements.
The Mayor shall, in connection with authorizing the use of any public space under the authority of this subchapter, require the person authorized to use such space, prior to any such use, to secure a policy of public liability and property damage insurance or other acceptable security providing for such minimum limits of liability as may be required by the Mayor. Any such insurance policy shall include the District and its officers and employees as additional parties insured and shall be cancellable only after 30 days written notice of such cancellation has been received by the Mayor. No such use of public space shall be authorized or continued for any period unless such insurance or other security is maintained in full force and effect during that period. Nothing herein contained shall be construed as requiring either the United States or the District to secure a policy of public liability and property damage insurance or other security covering any use of public space by either of the said governments under the authority of this subchapter.
(Oct. 17, 1968, 82 Stat. 1162, Pub. L. 90-596, title IV, § 402.)
Prior Codifications
1981 Ed., § 7-1017.
1973 Ed., § 7-918.
Change in Government
This section originated at a time when local government powers were delegated to the District of Columbia Council and to a Commissioner of the District of Columbia. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
2023 District of Columbia Code › Title 10 - Parks, Public Buildings, Grounds, and Space › Chapter 11 - Rental and Utilization of Public Space › Subchapter I - General › Part D - General › § 10–1104.03. Service of orders and notices

§ 10–1104.03. Service of orders and notices.
(a) Any order or notice required by this subchapter to be served shall be deemed to have been served when served by any of the following methods:
(1) When forwarded by certified mail to the last known address of the owner as recorded in the real estate assessment records of the District, with return receipt, and such receipt shall constitute prima facie evidence of service upon such owner if such receipt is signed either by the owner or by a person of suitable age and discretion located at such address; provided, that valid service upon the owner shall be deemed effected:
(A) If such order or notice shall be refused by the owner and not delivered for that reason; or
(B) When delivered to the person to be notified; or
(C) When left at the usual residence or place of business of the person to be notified with a person of suitable age and discretion then resident or employed therein; or
(D) If no such residence or place of business can be found in the District by reasonable search, then if left with any person of suitable age and discretion employed at the office of any agent of the person to be notified, which agent has any authority or duty with reference to the land or tenement to which said order or notice relates; or
(E) If any such order or notice forwarded by certified mail be returned for reasons other than refusal, or if personal service of any such order or notice, as hereinbefore provided, cannot be effected, then if published for 1 day each week for 3 consecutive weeks in a daily newspaper published in the District; or
(F) If by reason of an outstanding unrecorded transfer of title the name of the owner in fact cannot be ascertained beyond a reasonable doubt, then if served on the owner of record in a manner hereinbefore provided.
(2) Any order or notice to a corporation shall, for the purposes of this subchapter, be deemed to have been served on such corporation if served on the president, secretary, treasurer, general manager, or any principal officer of such corporation in the manner hereinbefore provided for the service of orders or notices on natural persons holding property in their own right; and orders or notices to a foreign corporation shall, for the purposes of this subchapter, be deemed to have been served if served personally on any agent of such corporation, or if left with any person of suitable age and discretion residing at the usual residence or employed at the usual place of business of such agent in the District.
(b) In case such order or notice is served by any method other than personal service, notice shall also be sent to the owner by ordinary mail.
(Oct. 17, 1968, 82 Stat. 1163, Pub. L. 90-596, title IV, § 403.)
Prior Codifications
1981 Ed., § 7-1018.
1973 Ed., § 7-919.
2023 District of Columbia Code › Title 10 - Parks, Public Buildings, Grounds, and Space › Chapter 11 - Rental and Utilization of Public Space › Subchapter I - General › Part D - General › § 10–1104.04. Enforcement; penalties

§ 10–1104.04. Enforcement; penalties.
(a) A violation of this subchapter or a rule issued in accordance with this subchapter shall be enforced and adjudicated pursuant to Chapter 18 of Title 2 [§ 2-1801.01 et seq.] (“Civil Infractions Act”). The Mayor may also enforce a violation of this subchapter or a rule issued in accordance with this subchapter pursuant to §  50-921.19(a), (c), (d), (e), and (f).
(b) A person who violates a provision of this subchapter may be punished by a fine not exceeding $100 or imprisonment for not more than 10 days.
(Oct. 17, 1968, 82 Stat. 1163, Pub. L. 90-596, title IV, § 404; Mar. 11, 2015, D.C. Law 20-207, § 6(b), 61 DCR 12690.)
Prior Codifications
1981 Ed., § 7-1019.
1973 Ed., § 7-920.
Effect of Amendments
The 2015 amendment by D.C. Law 20-207 rewrote this section.
Editor's Notes
Applicability of D.C. Law 20-207: Section 12(a) of D.C. Law 20-207 provided that §§ 2(a), 2(b)(1), 2(b)(2)(A), 2(b)(2)(B), 2(b)(2)(C), 2(c), 3, 4, 6, 7, 8, 9, 10, and 11 shall apply as of March 11, 2015.
Change in Government
This section originated at a time when local government powers were delegated to the District of Columbia Council and to a Commissioner of the District of Columbia. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
2023 District of Columbia Code › Title 10 - Parks, Public Buildings, Grounds, and Space › Chapter 11 - Rental and Utilization of Public Space › Subchapter I - General › Part D - General › § 10–1104.05. Deposit of rents collected. [Repealed]

§ 10–1104.05. Deposit of rents collected. [Repealed]
Repealed.
(Oct. 17, 1968, 82 Stat. 1164, Pub. L. 90-596, title IV, § 405; Mar. 11, 2015, D.C. Law 20-207, § 6(c), 61 DCR 12690.)
Prior Codifications
1981 Ed., § 7-1020.
1973 Ed., § 7-921.
Editor's Notes
Applicability of D.C. Law 20-207: Section 12(a) of D.C. Law 20-207 provided that §§ 2(a), 2(b)(1), 2(b)(2)(A), 2(b)(2)(B), 2(b)(2)(C), 2(c), 3, 4, 6, 7, 8, 9, 10, and 11 shall apply as of March 11, 2015.
Change in Government
This section originated at a time when local government powers were delegated to the District of Columbia Council and to a Commissioner of the District of Columbia. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
2023 District of Columbia Code › Title 10 - Parks, Public Buildings, Grounds, and Space › Chapter 11 - Rental and Utilization of Public Space › Subchapter I - General › Part D - General › § 10–1104.06. Appropriations. [Repealed]

§ 10–1104.06. Appropriations. [Repealed]
Repealed.
(Oct. 17, 1968, 82 Stat. 1164, Pub. L. 90-596, title IV, § 406; Mar. 11, 2015, D.C. Law 20-207, § 6(c), 61 DCR 12690.)
Prior Codifications
1981 Ed., § 7-1021.
1973 Ed., § 7-922.
Editor's Notes
Applicability of D.C. Law 20-207: Section 12(a) of D.C. Law 20-207 provided that §§ 2(a), 2(b)(1), 2(b)(2)(A), 2(b)(2)(B), 2(b)(2)(C), 2(c), 3, 4, 6, 7, 8, 9, 10, and 11 shall apply as of March 11, 2015.
2023 District of Columbia Code › Title 10 - Parks, Public Buildings, Grounds, and Space › Chapter 11 - Rental and Utilization of Public Space › Subchapter I - General › Part D - General › § 10–1104.07. Separability. [Repealed]

§ 10–1104.07. Separability. [Repealed]
Repealed.
(Oct. 17, 1968, 82 Stat. 1164, Pub. L. 90-596, title IV, § 407; Mar. 11, 2015, D.C. Law 20-207, § 6(c), 61 DCR 12690.)
Prior Codifications
1981 Ed., § 7-1022.
1973 Ed., § 7-923.
Editor's Notes
Applicability of D.C. Law 20-207: Section 12(a) of D.C. Law 20-207 provided that §§ 2(a), 2(b)(1), 2(b)(2)(A), 2(b)(2)(B), 2(b)(2)(C), 2(c), 3, 4, 6, 7, 8, 9, 10, and 11 shall apply as of March 11, 2015.
2023 District of Columbia Code › Title 10 - Parks, Public Buildings, Grounds, and Space › Chapter 11 - Rental and Utilization of Public Space › Subchapter I - General › Part D - General › § 10–1104.08. Subchapter not to affect provisions of § 9-113.04

§ 10–1104.08. Subchapter not to affect provisions of § 9-113.04.
Nothing contained in this subchapter shall be construed to affect in any manner the provisions of § 9-113.04 [repealed] with respect to streets heretofore or hereafter dedicated in accordance with the provisions of such section, and to make use of the parking on any such street in accordance with the terms of the 4th proviso of such section, relating to the height of parking and the projection of buildings beyond the building line, the District’s right-of-way through said parking for sewers and water mains free of cost, and the use of the parking by the District for the construction of sidewalks.
(Oct. 17, 1968, 82 Stat. 1164, Pub. L. 90-596, title IV, § 408.)
Prior Codifications
1981 Ed., § 7-1023.
1973 Ed., § 7-924.
References in Text
Section 7-117 referred to in the first sentence was repealed, effective March 10, 1983, by D.C. Law 4-201, § 713. For present provisions regarding the naming of public places, see subchapter IV of Chapter 4 of this title.
2023 District of Columbia Code › Title 10 - Parks, Public Buildings, Grounds, and Space › Chapter 11 - Rental and Utilization of Public Space › Subchapter I - General › Part D - General › § 10–1104.09. Effective dates. [Repealed]

§ 10–1104.09. Effective dates. [Repealed]
Repealed.
(Oct. 17, 1968, 82 Stat. 1164, Pub. L. 90-596, title IV, § 409; Mar. 11, 2015, D.C. Law 20-207, § 6(c), 61 DCR 12690.)
Prior Codifications
1981 Ed., § 7-1024.
1973 Ed., § 7-925.
Editor's Notes
Applicability of D.C. Law 20-207: Section 12(a) of D.C. Law 20-207 provided that §§ 2(a), 2(b)(1), 2(b)(2)(A), 2(b)(2)(B), 2(b)(2)(C), 2(c), 3, 4, 6, 7, 8, 9, 10, and 11 shall apply as of March 11, 2015.
Change in Government
This section originated at a time when local government powers were delegated to the District of Columbia Council and to a Commissioner of the District of Columbia. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
2023 District of Columbia Code › Title 10 - Parks, Public Buildings, Grounds, and Space › Chapter 11 - Rental and Utilization of Public Space › Subchapter II - Rental of Airspace › § 10–1121.01. Definitions

§ 10–1121.01. Definitions.
As used in this subchapter:
(1) The term “Mayor” means the Mayor of the District of Columbia.
(2) The term “District” means the District of Columbia.
(3) The term “airspace” means the space above and below a street or alley under the jurisdiction of the Mayor.
(Oct. 17, 1968, 82 Stat. 1166, Pub. L. 90-598, § 2.)
Prior Codifications
1981 Ed., § 7-1031.
1973 Ed., § 7-941.
Section References
This section is referenced in § 10-1202.24.
Change in Government
This section originated at a time when local government powers were delegated to the District of Columbia Council and to a Commissioner of the District of Columbia. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
2023 District of Columbia Code › Title 10 - Parks, Public Buildings, Grounds, and Space › Chapter 11 - Rental and Utilization of Public Space › Subchapter II - Rental of Airspace › § 10–1121.02. Mayor’s authority with respect to use of airspace

§ 10–1121.02. Mayor’s authority with respect to use of airspace.
The Mayor, in conformity with the comprehensive plan for the National Capital prepared under § 2-1003, may:
(1) Enter into leases for the use of airspace in the District to an extent not inconsistent with the use, operation, and maintenance of, any street or alley;
(2) Use airspace for such public purposes as are authorized by law;
(3) Enter into agreements with the federal government for the purpose of receiving grants or other financial assistance under the federal programs in connection with the construction, use or operation of any structure in airspace; and
(4) Enter into agreements with the federal government to enable the federal government to construct federal buildings in the space above and below any street or alley, title to which is in the District.
(Oct. 17, 1968, 82 Stat. 1166, Pub. L. 90-598, § 3.)
Prior Codifications
1981 Ed., § 7-1032.
1973 Ed., § 7-942.
Mayor's Orders
District of Columbia Public Space Committee established: See Mayor’s Order 83-54, February 17, 1983.
Change in Government
This section originated at a time when local government powers were delegated to the District of Columbia Council and to a Commissioner of the District of Columbia. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
2023 District of Columbia Code › Title 10 - Parks, Public Buildings, Grounds, and Space › Chapter 11 - Rental and Utilization of Public Space › Subchapter II - Rental of Airspace › § 10–1121.03. Terms and conditions to be included in leases

§ 10–1121.03. Terms and conditions to be included in leases.
Any lease of airspace entered into under this subchapter shall provide:
(1) That such airspace shall not be used to deprive any real property not owned by the lessee of easements of light, air, and access;
(2) For a clearance of at least 15 feet between the recorded grade of a street or alley and the lowest portion of any structure (other than supporting columns) constructed over such street or alley;
(3) That upon the expiration or termination of the lease of airspace the Mayor may require (at the expense of the lessee or his successor in interest) the removal of any structure constructed or erected in such airspace and the restoration of such airspace to its condition prior to the construction or erection of such structure;
(4) That all the rights, duties, terms, conditions, agreements, and covenants set forth and contained in such lease shall run with the abutting real property owned by the lessee and shall apply to the lessee, his heirs, legal representatives, successors, and assignees;
(5) That the lessee shall, at his expense, record a copy of the lease in the Office of the Recorder of Deeds of the District of Columbia;
(6) For the payment of such rents and fees, and the posting of such bond or such other security, by the lessee, as the Mayor determines to be necessary or desirable; and
(7) For such other terms and conditions as the Mayor determines to be necessary or desirable.
(Oct. 17, 1968, 82 Stat. 1166, Pub. L. 90-598, § 4.)
Prior Codifications
1981 Ed., § 7-1033.
1973 Ed., § 7-943.
Section References
This section is referenced in § 10-1121.11.
Change in Government
This section originated at a time when local government powers were delegated to the District of Columbia Council and to a Commissioner of the District of Columbia. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
2023 District of Columbia Code › Title 10 - Parks, Public Buildings, Grounds, and Space › Chapter 11 - Rental and Utilization of Public Space › Subchapter II - Rental of Airspace › § 10–1121.04. Execution of airspace leases

§ 10–1121.04. Execution of airspace leases.
The Mayor may execute a lease of airspace under this subchapter if:
(1) The lessee of the airspace has a fee simple title to the real property abutting such airspace and the lease is for airspace which lies only within the frontages of such abutting real property which are directly opposite;
(2) The Zoning Commission of the District of Columbia, after public hearing and after securing the advice and recommendations of the National Capital Planning Commission, has determined the use to be permitted in such airspace and has established regulations applicable to the use of such airspace consistent with regulations applicable to the abutting privately owned property, including limitations and requirements respecting the height of any structure to be erected in such airspace, offstreet parking and floor area ratios applicable to such structure, and easements of light, air, and access;
(3) The lessee has submitted to the Mayor, for his review and approval, plans, elevations, sections, a description of the texture, material, and method of construction of the exterior walls, and a scale model, of any structure to be erected in such airspace;
(4) The Mayor with respect to any structure proposed to be constructed in an area subject to §§ 6-611.01 and 6-611.02, or §§ 6-1201 to 6-1205 has submitted to the Commission of Fine Arts for its review and recommendations, plans, elevations, sections, a description of the texture, material, and method of construction of the exterior walls, and a scale model, of any such structure; and
(5) The Mayor, with respect to any structure proposed to be constructed over space utilized or to be utilized for the construction and operation of the subway of the Washington Metropolitan Area Transit Authority, has submitted to the Authority for its review and recommendations the plans, elevations, sections, and a scale model of any such structure.
(Oct. 17, 1968, 82 Stat. 1167, Pub. L. 90-598, § 5.)
Prior Codifications
1981 Ed., § 7-1034.
1973 Ed., § 7-944.
Change in Government
This section originated at a time when local government powers were delegated to the District of Columbia Council and to a Commissioner of the District of Columbia. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
2023 District of Columbia Code › Title 10 - Parks, Public Buildings, Grounds, and Space › Chapter 11 - Rental and Utilization of Public Space › Subchapter II - Rental of Airspace › § 10–1121.05. Removal or relocation of public or private facilities

§ 10–1121.05. Removal or relocation of public or private facilities.
The District shall not pay the cost of any removal or relocation of publicly or privately owned facilities in a street or alley in connection with the construction of a structure in airspace leased under this subchapter. No such facilities may be removed or relocated unless the Mayor has approved all arrangements for such removal or relocation.
(Oct. 17, 1968, 82 Stat. 1167, Pub. L. 90-598, § 6.)
Prior Codifications
1981 Ed., § 7-1035.
1973 Ed., § 7-945.
Change in Government
This section originated at a time when local government powers were delegated to the District of Columbia Council and to a Commissioner of the District of Columbia. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
2023 District of Columbia Code › Title 10 - Parks, Public Buildings, Grounds, and Space › Chapter 11 - Rental and Utilization of Public Space › Subchapter II - Rental of Airspace › § 10–1121.06. Applicability of zoning and other laws

§ 10–1121.06. Applicability of zoning and other laws.
Zoning laws and regulations and other laws and regulations applicable to the construction, use, and occupancy of buildings and premises, including building, electrical, plumbing, housing, health, and fire regulations, shall be applicable to structures constructed in airspace.
(Oct. 17, 1968, 82 Stat. 1167, Pub. L. 90-598, § 7.)
Prior Codifications
1981 Ed., § 7-1036.
1973 Ed., § 7-946.
2023 District of Columbia Code › Title 10 - Parks, Public Buildings, Grounds, and Space › Chapter 11 - Rental and Utilization of Public Space › Subchapter II - Rental of Airspace › § 10–1121.07. Airspace and structures erected thereon deemed real property for purpose of taxation, water and sewer charges; exemptions

§ 10–1121.07. Airspace and structures erected thereon deemed real property for purpose of taxation, water and sewer charges; exemptions.
For the purposes of this subchapter, airspace and structures constructed or erected in airspace shall be deemed to be real property and shall be liable to assessment, taxation, and water and sewer service charges by the District from the beginning of the term or period of such lease. For the purposes of real property assessments and taxation, the value of airspace, other than any structure constructed or erected in airspace, shall be its fair market value. No tax or assessment shall be levied with respect to airspace or structures in airspace:
(1) Occupied exclusively by the federal government or the District government; or
(2) Occupied and used by 1 or more organizations which, under § 47-1002, are exempt from real property taxation.
(Oct. 17, 1968, 82 Stat. 1167, Pub. L. 90-598, § 8.)
Prior Codifications
1981 Ed., § 7-1037.
1973 Ed., § 7-947.
2023 District of Columbia Code › Title 10 - Parks, Public Buildings, Grounds, and Space › Chapter 11 - Rental and Utilization of Public Space › Subchapter II - Rental of Airspace › § 10–1121.08. Deposit of rents, fees, taxes, assessments, sewer and water charges; payment of expenditures

§ 10–1121.08. Deposit of rents, fees, taxes, assessments, sewer and water charges; payment of expenditures.
(a) Except as provided by subsection (b) of this section, all collections, including rents and fees, received by the District under this subchapter shall be deposited in the Treasury of the United States in a trust fund, from which may be paid, in the same manner as is provided by law for other expenditures of the District, such expenditures as are necessary to carry out the purposes of this subchapter, including necessary expenses connected with the operation, maintenance, and disposition of property coming into the possession of the District by reason of a default under a lease entered into under this subchapter. The unobligated balance in such trust fund in excess of $100,000 as of the end of any fiscal year shall be deposited in the Treasury to the credit of such special funds or the General Fund of the District in such proportions as the Mayor may determine.
(b) Taxes (including payments in lieu of taxes), special assessments, and sanitary sewer and water service charges shall be deposited directly to the respective funds to which such revenues are normally deposited.
(Oct. 17, 1968, 82 Stat. 1168, Pub. L. 90-598, § 9.)
Prior Codifications
1981 Ed., § 7-1038.
1973 Ed., § 7-948.
Change in Government
This section originated at a time when local government powers were delegated to the District of Columbia Council and to a Commissioner of the District of Columbia. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
2023 District of Columbia Code › Title 10 - Parks, Public Buildings, Grounds, and Space › Chapter 11 - Rental and Utilization of Public Space › Subchapter II - Rental of Airspace › § 10–1121.09. Restoration of airspace upon expiration or termination of lease

§ 10–1121.09. Restoration of airspace upon expiration or termination of lease.
If, upon the expiration or termination of a lease of airspace under this subchapter: (1) the Mayor determines that any structure constructed or erected in such airspace should be removed or such airspace should be restored to its condition prior to the construction or erection of such structure; and (2) the lessee or his successor in interest, upon the request of the Mayor, fails, after a reasonable time, to remove such structure or to restore such airspace to its condition prior to the construction or erection of such structure; the Mayor may remove such structure and restore such airspace. The cost of such removal and restoration shall be assessed against the abutting properties as a tax. Such tax shall be collected in the manner prescribed by § 6-806, for the collection of amounts assessed as a tax under that section.
(Oct. 17, 1968, 82 Stat. 1168, Pub. L. 90-598, § 10.)
Prior Codifications
1981 Ed., § 7-1039.
1973 Ed., § 7-949.
Change in Government
This section originated at a time when local government powers were delegated to the District of Columbia Council and to a Commissioner of the District of Columbia. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
2023 District of Columbia Code › Title 10 - Parks, Public Buildings, Grounds, and Space › Chapter 11 - Rental and Utilization of Public Space › Subchapter II - Rental of Airspace › § 10–1121.10. Rules; enforcement

§ 10–1121.10. Rules; enforcement.
(a) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], shall issue rules to implement the provisions of this subchapter.
(b) A violation of this subchapter or a rule issued in accordance with this subchapter may be punished by imprisonment of not more than 90 days.
(c) The Mayor may maintain an action in the Superior Court of the District of Columbia to enjoin any continuing violation of this subchapter or a rule issued in accordance with this subchapter.
(d) Civil fines and penalties may be imposed as alternative sanctions for any infraction of the provisions of this subchapter or any rules promulgated under the authority of this subchapter, pursuant to Chapter 18 of Title 2 [§ 2-1801.01 et seq.] (“Civil Infractions Act”). Enforcement and adjudication of an infraction shall be pursuant to the Civil Infractions Act.
(e) The Mayor may also enforce this subchapter or a rule issued in accordance with this subchapter pursuant to §  50-921.19(a), (c), (d), (e), and (f).
(Oct. 17, 1968, 82 Stat. 1168, Pub. L. 90-598, § 11; July 29, 1970, 84 Stat. 571, Pub. L. 91-358, title I, § 155(c)(27); Oct. 5, 1985, D.C. Law 6-42, § 428, 32 DCR 4450; Mar. 11, 2015, D.C. Law 20-207, § 7, 61 DCR 12690.)
Prior Codifications
1981 Ed., § 7-1040.
1973 Ed., § 7-950.
Effect of Amendments
The 2015 amendment by D.C. Law 20-207 rewrote this section.
Editor's Notes
Applicability of D.C. Law 20-207: Section 12(a) of D.C. Law 20-207 provided that §§ 2(a), 2(b)(1), 2(b)(2)(A), 2(b)(2)(B), 2(b)(2)(C), 2(c), 3, 4, 6, 7, 8, 9, 10, and 11 shall apply as of March 11, 2015.
Change in Government
This section originated at a time when local government powers were delegated to the District of Columbia Council and to a Commissioner of the District of Columbia. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.