reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 9 - Transportation Systems › Chapter 4 - Street Repair and Construction › Subchapter I - General › § 9–401.03. Water and gas mains, service pipes, and sewer connections

§ 9–401.03. Water and gas mains, service pipes, and sewer connections.
It shall be the duty of the Mayor of the District of Columbia to see that all water and gas mains, service pipes, and sewer connections are laid upon any street or avenue proposed to be paved or otherwise improved before any such pavement or other permanent works are put down; and the Washington Gas Light Company, under the direction of said Mayor, shall at its own expense take up, lay, and replace all gas mains on any street or avenue to be paved, at such time and place as said Mayor shall direct, except as provided in §§ 6-301.04(c) [repealed], 6-301.06(h) [repealed], and 9-107.02.
(June 11, 1878, 20 Stat. 107, ch. 180, § 5; Oct. 14, 1972, 86 Stat. 813, Pub. L. 92-495, § 5.)
Prior Codifications
1981 Ed., § 7-606.
1973 Ed., § 7-605.
Cross References
Sewer, water, and gas mains, excavation fees, see § 2-136.
Water and sewer systems, flood hazard prevention, see § 6-503.
Water mains and service sewers, see §§ 34-2401.01 and 34-2405.01.
2023 District of Columbia Code › Title 9 - Transportation Systems › Chapter 4 - Street Repair and Construction › Subchapter I - General › § 9–401.04. Assessments for sidewalks and curbing

§ 9–401.04. Assessments for sidewalks and curbing.
When new sidewalks, alleys, or curbing are required to be laid on streets being improved, no cost shall be assessed against abutting property.
(Aug. 7, 1894, 28 Stat. 250, ch. 232; May 21, 2002, D.C. Law 14-136, § 2, 49 DCR 3441.)
Prior Codifications
1981 Ed., § 7-607.
1973 Ed., § 7-606.
Section References
This section is referenced in § 9-411.03 and § 9-421.11.
Effect of Amendments
D.C. Law 14-136 rewrote the section which had read as follows: “When new sidewalks or curbing are required to be laid on streets being improved, one-half the total cost shall be assessed against abutting property, in like manner and under the law governing in the case of assessment and permit work; provided, that abutting property shall not be liable to such assessment when sidewalk and curbing have been laid by the District authorities in front of the same under the assessment and permit system within 2 years prior to such assessment.”
2023 District of Columbia Code › Title 9 - Transportation Systems › Chapter 4 - Street Repair and Construction › Subchapter I - General › § 9–401.05. Mayor to submit schedules of streets to be improved

§ 9–401.05. Mayor to submit schedules of streets to be improved.
The Mayor of the District of Columbia, in submitting the schedules of streets and avenues to be improved, shall each year arrange said streets and avenues in the order of their importance, as determined by him after personal examination of said streets and avenues.
(Mar. 3, 1903, 32 Stat. 962, ch. 992.)
Prior Codifications
1981 Ed., § 7-608.
1973 Ed., § 7-607.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. 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 9 - Transportation Systems › Chapter 4 - Street Repair and Construction › Subchapter I - General › § 9–401.07. Repayments from Permit Fund

§ 9–401.07. Repayments from Permit Fund.
Repayments from the Permit Fund to the appropriation for assessment and permit work shall be credited to the appropriation for the fiscal year in which the repayment is made.
(Mar. 2, 1907, 34 Stat. 1127, ch. 2510.)
Prior Codifications
1981 Ed., § 7-610.
1973 Ed., § 7-609.
2023 District of Columbia Code › Title 9 - Transportation Systems › Chapter 4 - Street Repair and Construction › Subchapter I - General › § 9–401.08. Service connections with water mains and sewer

§ 9–401.08. Service connections with water mains and sewer.
The Mayor of the District of Columbia is hereby authorized whenever the roadway of a street is about to be paved or macadamized to make service connections in such street for all abutting lots and premises with the water mains and sewer provided for the service of said lots and premises. The entire cost of the said connections shall be paid from the current appropriations respectively for the extension of the sewer and water-supply systems and shall be assessed against the abutting property and collected in like manner as assessments which are levied under the compulsory permit system; the sums so collected shall be credited to the respective appropriations for the extension of the sewer and water-supply systems for the fiscal year during which said collections are made.
(Mar. 14, 1894, 28 Stat. 44, ch. 40.)
Prior Codifications
1981 Ed., § 7-611.
1973 Ed., § 7-610.
Cross References
Taxation and fiscal affairs, special assessments for public improvements, see § 47-1201 et seq.
Water mains and service sewers, see §§ 34-2401.01 and 34-2405.01.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. 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 9 - Transportation Systems › Chapter 4 - Street Repair and Construction › Subchapter I - General › § 9–401.09. Paving or resurfacing roadway of streets, avenues, and roads

§ 9–401.09. Paving or resurfacing roadway of streets, avenues, and roads.
(a) Whenever under appropriations made by Congress, the roadway of any street, avenue, or road in the District of Columbia is improved by laying a new pavement thereon or completely resurfacing the same not less than 1 square in extent, from curb to curb, or from gutter to gutter where no curb exists, where the material used is sheet asphalt, asphalt block, asphaltic or bituminous macadam, concrete, or other fixed roadway pavement, such proportion of the total cost of the work, including all expenses of the assessment, to be made as prescribed by § 9-401.10, shall be charged against and become a lien upon the abutting property, and assessments therefor shall be levied pro rata according to the linear frontage of said property on the street, avenue, or road, or portion thereof upon the roadway of which said new pavement or resurfacing is laid; provided, that there shall be excepted from such assessment the cost of paving the roadway space included within the intersection of streets, avenues, and roads, as said intersections are included within the building lines projected, and also the cost of paving the space within such roadways for which street railway companies are responsible under their charters or under law on streets, avenues, or roads where such railways have been or shall be constructed.
(b) All of the expenses of maintenance and repairs shall be paid from the revenues of the District of Columbia and in addition, such sums as may be appropriated out of any money in the Treasury of the United States not otherwise appropriated. Nothing contained in this section shall be construed as relieving street railway companies from bearing one-half the expense of paving streets or avenues between the exterior rails of the tracks of their roads in the District of Columbia and for a distance of 2 feet from and exterior to such tracks on each side thereof and of keeping the same in repair, as required by § 9-401.01.
(July 21, 1914, 38 Stat. 524, ch. 191; July 29, 1914, 38 Stat. 565, ch. 215; Jan. 14, 1933, 47 Stat. 759, ch. 10, § 3.)
Prior Codifications
1981 Ed., § 7-612.
1973 Ed., § 7-611.
Section References
This section is referenced in § 9-411.03.
Cross References
Taxation and fiscal affairs, special assessments for public improvements, see § 47-1201 et seq.
2023 District of Columbia Code › Title 9 - Transportation Systems › Chapter 4 - Street Repair and Construction › Subchapter I - General › § 9–401.11. Width of pavement of streets

§ 9–401.11. Width of pavement of streets.
No street or avenue in the District of Columbia shall be paved less in width than the width provided by law except by express authority of Congress upon estimates to be submitted to Congress by the Mayor of the District of Columbia.
(Mar. 2, 1907, 34 Stat. 1127, ch. 2510.)
Prior Codifications
1981 Ed., § 7-618.
1973 Ed., § 7-613.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. 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 9 - Transportation Systems › Chapter 4 - Street Repair and Construction › Subchapter I - General › § 9–401.12. Minor changes in roadway width

§ 9–401.12. Minor changes in roadway width.
The Mayor of the District of Columbia is authorized to change any roadway width by an amount not in excess of 1 foot whenever hereafter he considers the same necessary and advisable in connection with the resurfacing or other improvement of the street.
(May 18, 1910, 36 Stat. 387, ch. 248, § 1.)
Prior Codifications
1981 Ed., § 7-619.
1973 Ed., § 7-613a.
Cross References
Highway plans, width restrictions, see § 9-103.01.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. 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 9 - Transportation Systems › Chapter 4 - Street Repair and Construction › Subchapter I - General › § 9–401.13. Use of bituminous macadam authorized

§ 9–401.13. Use of bituminous macadam authorized.
The use of bituminous macadam is authorized on streets, avenues, and roads to be improved or paved.
(June 26, 1912, 37 Stat. 150, ch. 182.)
Prior Codifications
1981 Ed., § 7-622.
1973 Ed., § 7-617.
2023 District of Columbia Code › Title 9 - Transportation Systems › Chapter 4 - Street Repair and Construction › Subchapter I - General › § 9–401.14. Use of portable asphalt plant

§ 9–401.14. Use of portable asphalt plant.
The portable asphalt plant purchased under the appropriation for repairs of streets, avenues, and alleys for the fiscal year 1913, may be operated under the immediate direction of the Mayor of the District of Columbia in doing such work of resurfacing and repairs to asphalt pavements, in the repair of macadam streets by constructing on such macadam streets and asphalt macadam wearing surface and in the construction of asphaltic macadam surfaces on concrete base, as in his judgment may be economically performed by the use of said plant; provided, that at no time shall more work of resurfacing and repairs be done with the portable asphalt plant than can be accomplished with the single portable plant owned on March 4, 1913, by the District of Columbia.
(Mar. 4, 1913, 37 Stat. 948, ch. 150.)
Prior Codifications
1981 Ed., § 7-623.
1973 Ed., § 7-618.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. 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 9 - Transportation Systems › Chapter 4 - Street Repair and Construction › Subchapter I - General › § 9–401.15. Unexpended allotments for street paving made available for succeeding year

§ 9–401.15. Unexpended allotments for street paving made available for succeeding year.
When as many streets and entire blocks of streets in any section have been paved as the amount allotted to that section will permit, and there still remains a balance insufficient to pave an entire block of the street provided for pavement upon the schedule, such balance shall remain available and be added to the allotment for that section for the next succeeding year.
(June 6, 1900, 31 Stat. 559, ch. 789.)
Prior Codifications
1981 Ed., § 7-624.
1973 Ed., § 7-619.
2023 District of Columbia Code › Title 9 - Transportation Systems › Chapter 4 - Street Repair and Construction › Subchapter I - General › § 9–401.16. Limitation on contracts of Mayor

§ 9–401.16. Limitation on contracts of Mayor.
The Mayor of the District of Columbia is prohibited from incurring or contracting liabilities on behalf of the United States in the improvement of streets, avenues, and reservations beyond the amount of appropriations previously made by Congress, and from entering into any contract touching such improvements on behalf of the United States, except in pursuance of appropriations made by Congress.
(R.S., § 1813; June 20, 1874, 18 Stat. 116, ch. 337.)
Prior Codifications
1981 Ed., § 7-625.
1973 Ed., § 7-620.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. 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 9 - Transportation Systems › Chapter 4 - Street Repair and Construction › Subchapter I - General › § 9–401.17. Contracts for repairs not to exceed 5 years

§ 9–401.17. Contracts for repairs not to exceed 5 years.
Contracts for repairs to pavements may be made for periods not exceeding 5 years, and subject to annual appropriation therefor by Congress.
(July 18, 1888, 25 Stat. 319, ch. 676.)
Prior Codifications
1981 Ed., § 7-626.
1973 Ed., § 7-621.
2023 District of Columbia Code › Title 9 - Transportation Systems › Chapter 4 - Street Repair and Construction › Subchapter I - General › § 9–401.18. Exemptions of abutting property from deposits and assessments

§ 9–401.18. Exemptions of abutting property from deposits and assessments.
(a) Notwithstanding any other provision of law, owners of property abutting streets, avenues, roads, or alleys to be improved, or to have curbs, gutters, sewers, or sidewalks constructed thereon, shall not be required to make any deposit, nor shall the abutting property be assessed any part of the cost, for the improvement of the streets, avenues, roads, or alleys, or the construction of curbs, gutters, sewers, or sidewalks if the following conditions exist:
(1) The abutting property is Class 1 Property; and
(2) The abutting Class 1 Property, as evidenced by the most current certificates of tax assessment, is less than 80% of the median assessed value of all Class 1 real property in the District as reported by the Mayor; or
(3) The real property is exempt from the real property tax in the District pursuant to § 47-1002; or
(4) The Mayor determines that circumstances exist that threaten the health and safety of the public and that improvement of the streets, avenues, roads, and alleys, or the construction of curbs, gutters, sewers, or sidewalks thereon, is necessary to protect the health and safety of the public.
(b) The Mayor has sole discretion in the determination of which streets, avenues, roads, and alleys are to be improved, or which streets, avenues, roads, and alleys are to have curbs, gutters, sewers, or sidewalks constructed thereon where the exemption in subsection (a) of this section would be granted to owners of abutting property.
(Sept. 24, 1994, D.C. Law 10-186, § 2, 41 DCR 5225.)
Prior Codifications
1981 Ed., § 7-640.
Editor's Notes
Submission of 5-year plan for improvements: Section 3 of D.C. Law 10-186 provided that within 6 months of September 24, 1994, the Mayor shall submit to the Council a 5-year plan for the improvement of all unimproved streets, avenues, roads, and alleys and the construction of curbs, gutters, sewers, and sidewalks thereon in the District.
2023 District of Columbia Code › Title 9 - Transportation Systems › Chapter 4 - Street Repair and Construction › Subchapter II - Special Assessments › § 9–411.01. Special assessments for curbs and gutters levied

§ 9–411.01. Special assessments for curbs and gutters levied.
When any curb or gutter is laid, or any curb and gutter are laid, on any street, avenue, or road in the District of Columbia which said curb shall be constructed of concrete, stone, or other permanent type of construction, or which said gutter shall be constructed of concrete, brick, granite block, asphalt on a concrete base, or other permanent type of construction, one-half of the total cost thereof shall be charged against and become a lien upon the property abutting the side of the street, avenue, or road, or portion thereof, so improved, and assessments therefor shall be levied pro rata according to the linear frontage of said property on the side of the street, avenue, or road, or portion thereof, so improved; provided, however, that no assessments shall be levied hereunder on account of the replacement of any curb or gutter or curb and gutter of a permanent type of construction. When any gutter shall be constructed, in whole or in part, as an integral portion of a permanent type of roadway of any street, avenue, or road, so much of said roadway as lies within 2 feet of the curb line shall be considered as a gutter for the purposes of this subchapter.
(May 25, 1943, 57 Stat. 83, ch. 98, § 1.)
Prior Codifications
1981 Ed., § 7-614.
1973 Ed., § 7-612a.
2023 District of Columbia Code › Title 9 - Transportation Systems › Chapter 4 - Street Repair and Construction › Subchapter II - Special Assessments › § 9–411.02. Special assessments for curbs and gutters levied — Computation

§ 9–411.02. Special assessments for curbs and gutters levied — Computation.
The total assessment levied hereunder against any abutting property shall not exceed the number of square feet of area of said property multiplied by 1 per centum of the linear front-foot assessment and shall not exceed 10 per centum of the value of the said abutting property, exclusive of improvements thereon, as assessed for the purpose of taxation at the time of the laying of the curb or gutter or curb and gutter for which said assessment is levied. In computing assessments hereunder against unsubdivided land according to the assessed valuation, there shall be excluded from the computation land lying back more than 100 feet from the street, avenue, or road being improved where the depth is even, and where the depth is uneven the average depth shall be taken in computation but not to exceed more than 100 feet.
(May 25, 1943, 57 Stat. 83, ch. 98, § 2.)
Prior Codifications
1981 Ed., § 7-615.
1973 Ed., § 7-612b.
2023 District of Columbia Code › Title 9 - Transportation Systems › Chapter 4 - Street Repair and Construction › Subchapter II - Special Assessments › § 9–411.03. Special assessments for curbs and gutters levied — Property abutting 2 or more streets, avenues, or roads

§ 9–411.03. Special assessments for curbs and gutters levied — Property abutting 2 or more streets, avenues, or roads.
When any property abuts 2 or more streets, avenues, or roads, the assessments against said property levied hereunder shall not exceed in the aggregate, together with any legal assessments heretofore levied and paid for paving, curbing, and guttering of or on said streets, avenues, or roads, under the authority of §§ 9-401.09, 9-401.10, relating to assessments for the paving of streets, avenues, and roads, or under § 9-401.04, relating to assessments for laying curbs, or under §§ 9-421.01 to 9-421.04, 31/2 cents per square foot of area of said property, or 20 per centum of the value of said property, exclusive of improvements thereon, as assessed for the purpose of taxation at the time of the laying of the curb or gutter or curb and gutter for which said assessment is levied.
(May 25, 1943, 57 Stat. 83, ch. 98, § 3.)
Prior Codifications
1981 Ed., § 7-616.
1973 Ed., § 7-612c.
2023 District of Columbia Code › Title 9 - Transportation Systems › Chapter 4 - Street Repair and Construction › Subchapter II - Special Assessments › § 9–411.04. Roadway improvements and curbs and gutters completed after May 25, 1943

§ 9–411.04. Roadway improvements and curbs and gutters completed after May 25, 1943.
No assessments shall be levied under §§ 9-421.01 to 9-421.04, for any roadway improvement completed subsequent to May 25, 1943, but for curbs or gutters, or curbs and gutters, completed subsequent to May 25, 1943, assessments shall be levied against the abutting property in accordance with the provisions of this subchapter.
(May 25, 1943, 57 Stat. 83, ch. 98, § 4.)
Prior Codifications
1981 Ed., § 7-617.
1973 Ed., § 7-612d.
2023 District of Columbia Code › Title 9 - Transportation Systems › Chapter 4 - Street Repair and Construction › Subchapter III - Assessment When Roadway Paved › § 9–421.01. Amount assessed; levied pro rata

§ 9–421.01. Amount assessed; levied pro rata.
Whenever under the appropriations made by Congress, the roadway of any street, avenue, or road in the District of Columbia is paved or repaved with sheet asphalt, asphalt block, asphaltic or bituminous concrete (except penetration macadam), cement concrete, granite block, vitrified brick, or other form of permanent pavement, one-half of the total cost thereof shall be charged against and become a lien upon the abutting property, and assessments therefor shall be levied pro rata according to the linear frontage of said property on the street, avenue, or road, or portion thereof, upon the roadway of which said new pavement or repaving is laid; provided, however, that when such new pavement or repaving is laid solely on 1 side of the centerline of such roadway, the one-half cost thereof shall be assessed, as herein provided, against the property abutting the side of the street, avenue, or road, or portion thereof, so improved.
(Feb. 20, 1931, 46 Stat. 1197, ch. 246, § 1.)
Prior Codifications
1981 Ed., § 7-627.
1973 Ed., § 7-622.
Section References
This section is referenced in § 9-411.03, § 9-411.04, § 9-421.02, § 9-421.07, § 9-421.09, § 9-421.11, and § 9-421.12.
Cross References
Street construction and maintenance, streets with concurrent railroad tracks, allocation of costs, see § 9-1203.07.
2023 District of Columbia Code › Title 9 - Transportation Systems › Chapter 4 - Street Repair and Construction › Subchapter III - Assessment When Roadway Paved › § 9–421.02. Assessment for gutters and curbs

§ 9–421.02. Assessment for gutters and curbs.
For the purposes of computing the assessments under this subchapter, the term “roadway” shall be construed to include the gutters and curbings; provided, however, that where any permanent and new construction of curb, or curb and gutter, is laid, and the roadway of the street is not paved or repaved, or is not paved or repaved with a pavement of the character specified in § 9-421.01, the half cost of such curb, or curb and gutter, shall be assessed against the abutting property in the manner provided in this subchapter.
(Feb. 20, 1931, 46 Stat. 1197, ch. 246, § 2.)
Prior Codifications
1981 Ed., § 7-628.
1973 Ed., § 7-623.
2023 District of Columbia Code › Title 9 - Transportation Systems › Chapter 4 - Street Repair and Construction › Subchapter III - Assessment When Roadway Paved › § 9–421.03. Certain roadway improvements excepted

§ 9–421.03. Certain roadway improvements excepted.
There shall be excepted from such assessments the cost of paving the roadway in excess of 40 feet in width where the new pavement or repaving is laid on both sides of the centerline of such roadway; the cost of paving the roadway in excess of 20 feet in width where the new pavement or repaving is laid solely on 1 side of the centerline of such roadway; the cost of paving the roadway space included within the intersection of streets, avenues, and roads, as said intersections are limited by lines normally projected from the building lines of the street, avenue, or road being improved at its point of intersection with the building lines of the intersecting streets, avenues, or roads and also the cost of paving or repaving the space within such roadways for which street railway companies are responsible under their charters or under law, on streets, avenues, or roads where such railways have been or shall be constructed.
(Feb. 20, 1931, 46 Stat. 1197, ch. 246, § 3.)
Prior Codifications
1981 Ed., § 7-629.
1973 Ed., § 7-624.
2023 District of Columbia Code › Title 9 - Transportation Systems › Chapter 4 - Street Repair and Construction › Subchapter III - Assessment When Roadway Paved › § 9–421.04. Limitations on assessments; computation

§ 9–421.04. Limitations on assessments; computation.
The maximum linear front foot assessment levied hereunder shall not exceed $3.50 per linear front foot. The total assessment levied hereunder against any abutting property shall not exceed the number of square feet of area of said property multiplied by 1 per centum of the linear front-foot assessment, and shall not exceed 20 per centum of the value of the said abutting property, exclusive of improvements thereon, as assessed for the purpose of taxation at the time of the paving or repairing of the street, avenue, or road for which said assessment is levied. In computing assessments hereunder against unsubdivided land by the square foot or according to the assessed valuation, there shall be excluded from the computation land lying back more than 100 feet from the street, avenue, or road being improved where the depth is even; where the depth is uneven, the average depth shall be taken in computation, but not to exceed 100 feet.
(Feb. 20, 1931, 46 Stat. 1197, ch. 246 § 4.)
Prior Codifications
1981 Ed., § 7-630.
1973 Ed., § 7-625.
2023 District of Columbia Code › Title 9 - Transportation Systems › Chapter 4 - Street Repair and Construction › Subchapter III - Assessment When Roadway Paved › § 9–421.05. Property exempt where prior assessment paid

§ 9–421.05. Property exempt where prior assessment paid.
No property on which a legal assessment has been levied and paid for paving or repaving, curbing or curbing and guttering, on the roadway of any street, avenue, or road, shall be liable for any further assessment under this subchapter on account of the replacement of such pavement, curbing, or curbing and guttering.
(Feb. 20, 1931, 46 Stat. 1198, ch. 246, § 5.)
Prior Codifications
1981 Ed., § 7-631.
1973 Ed., § 7-626.
Section References
This section is referenced in § 9-421.13.
2023 District of Columbia Code › Title 9 - Transportation Systems › Chapter 4 - Street Repair and Construction › Subchapter III - Assessment When Roadway Paved › § 9–421.06. Property exempt where prior roadway improvement made at owner’s expense

§ 9–421.06. Property exempt where prior roadway improvement made at owner’s expense.
No assessments shall be levied for repaving where the original pavement was laid at the whole cost of the owner or owners of the abutting property if the said original pavement was constructed under a permit issued by the District of Columbia and under the supervision and direction of an authorized engineer and inspector of the Department of Transportation of said District, in strict accordance with the then current specifications and design for pavements of the type for which permit was issued; provided, that where curb, or curb and gutter, or a part of the roadway has or have been paved under proper permit, subject to engineering and inspection as above stated, the assessment for paving other parts of the roadway, placing curb, or curb and gutter, when the same is done at public expense, shall be made against property abutting on the highway as provided in this subchapter, credit being given in such assessment for the half cost of the pavement laid by the owner under permit as above, estimated on the basis of the contract rates for such work at the date of the performance of the assessable work, so that the total cost to the owner for such improvements shall not exceed the amount of assessments which would have been made under this subchapter, had the improvements been all made at public expense.
(Feb. 20, 1931, 46 Stat. 1198, ch. 246, § 6.)
Prior Codifications
1981 Ed., § 7-632.
1973 Ed., § 7-627.
Section References
This section is referenced in § 9-421.13.
Transfer of Functions
Reorganization Order No. 53 of the Board of Commissioners, dated June 30, 1953, established under the direction and control of the Engineer Commissioner, a Department of Highways, headed by a Director. The Department of Highways was established to perform highway services and operations for the District including the planning, design, engineering, operation, maintenance and repair of highway and bridge facilities. The Order sets out the purposes and organization of the new Department. The Order abolished the previously existing Department of Highways, the Street Division, the Bridge Division, the Electrical Division, the Trees and Parking Division and the Central Garage and Shops, and transferred all of their functions and positions to the new Department of Highways. Reorganization Order No. 53, as redesignated Organization Order No. 122, dated January 8, 1959, and amended to establish a new Department of Highways and Traffic, headed by a Director. The Order set forth the purpose, organization, and functions of the new Department. The Department of Highways and Traffic was replaced by the Department of Transportation by Reorganization Plan No. 2 of 1975, dated July 24, 1975.
The functions of the Department of Transportation were transferred to the Department of Public Works by Reorganization Plan No. 4 of 1983, effective March 1, 1984.
2023 District of Columbia Code › Title 9 - Transportation Systems › Chapter 4 - Street Repair and Construction › Subchapter III - Assessment When Roadway Paved › § 9–421.07. Exemption for resurfacing by heater method

§ 9–421.07. Exemption for resurfacing by heater method.
No assessment shall be levied for the cost of resurfacing asphalt pavements by the heater method — stripping the surface from a rigid type base, and replacing surface thereon — or covering an existing hard surface or macadam pavement or base with bituminous material; provided, that where an entire pavement is removed and replaced with a pavement of the character specified in § 9-421.01, the cost of the latter pavement shall be assessed as provided in this subchapter, if no previous legal assessment has been levied and paid therefor.
(Feb. 20, 1931, 46 Stat. 1198, ch. 246, § 7.)
Prior Codifications
1981 Ed., § 7-633.
1973 Ed., § 7-628.
Section References
This section is referenced in § 9-421.13.
2023 District of Columbia Code › Title 9 - Transportation Systems › Chapter 4 - Street Repair and Construction › Subchapter III - Assessment When Roadway Paved › § 9–421.08. Property abutting 2 or more streets

§ 9–421.08. Property abutting 2 or more streets.
When any property abuts 2 or more streets, avenues, or roads, the assessments against said property levied under this subchapter shall not exceed in the aggregate, together with any legal assessments levied and paid prior to February 20, 1931, for the paving, curbing, or curbing and guttering of or on said streets, avenues, or roads, 31/2 cents per square foot of area of said property, or 20 per centum of the value of said property, exclusive of improvements thereon, as assessed for purposes of taxation at the time of the paving or repaving, curbing, or curbing and guttering for which the assessment is levied.
(Feb. 20, 1931, 46 Stat. 1198, ch. 246, § 8.)
Prior Codifications
1981 Ed., § 7-634.
1973 Ed., § 7-629.
Section References
This section is referenced in § 9-421.13.
2023 District of Columbia Code › Title 9 - Transportation Systems › Chapter 4 - Street Repair and Construction › Subchapter III - Assessment When Roadway Paved › § 9–421.09. Collection; interest; exception to requirement of advertising

§ 9–421.09. Collection; interest; exception to requirement of advertising.
The assessments provided for in §§ 9-421.01 to 9-421.12 shall be made and collected as provided in § 9-401.06, relating to alleys and sidewalks. The rate of interest to be charged upon any assessment, levied under § 9-401.06 relating to alleys and sidewalks, or any instalment thereof, is reduced hereby from 8 per centum per annum to 6 per centum per annum; provided, however, that any instalment of any such assessment not paid within the time provided in § 9-401.06 shall thereafter bear interest at the rate of 12 per centum per annum; and provided further, that the advertisement by publication of the intention of the Mayor of the District of Columbia to perform the work and the formal hearing in respect thereto required by law as to alley and sidewalk improvements shall not be required as to roadway, curbing, and gutter improvements.
(Feb. 20, 1931, 46 Stat. 1198, ch. 246, § 9.)
Prior Codifications
1981 Ed., § 7-635.
1973 Ed., § 7-630.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. 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 9 - Transportation Systems › Chapter 4 - Street Repair and Construction › Subchapter III - Assessment When Roadway Paved › § 9–421.10. Protest by property owner

§ 9–421.10. Protest by property owner.
Any property owner, aggrieved by any assessment levied under this subchapter, may, within 60 days after service of notice of such assessment, file with the Mayor of the District of Columbia a protest in writing against such assessment, accompanied by affidavits if he so desires, and if said Mayor finds that the property of such owner so protesting is not benefited by the improvement for which said assessment is levied, or is benefited less than the amount of such assessment, or is unequally or inequitably assessed with relation to other property abutting such improvement, said Mayor shall abate, reduce, or adjust such assessment in accordance with such finding. In computing the 60 days provided in § 9-401.06, within which such assessment may be paid without interest, there shall be excluded therefrom the time between the date of the filing of any such protest and the date of action thereon by the Mayor.
(Feb. 20, 1931, 46 Stat. 1199, ch. 246, § 10.)
Prior Codifications
1981 Ed., § 7-636.
1973 Ed., § 7-631.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. 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 9 - Transportation Systems › Chapter 4 - Street Repair and Construction › Subchapter III - Assessment When Roadway Paved › § 9–421.11. Cancellation of prior assessments; reassessments; refunds

§ 9–421.11. Cancellation of prior assessments; reassessments; refunds.
The Mayor of the District of Columbia is directed to cancel all assessments for improvements completed within 3 years prior to February 20, 1931, levied under the authority of this subchapter, relating to assessments for the paving of streets, avenues, and roads, or under § 9-401.04, relating to assessments for laying curbs; and the Mayor is further directed to reassess the cost of such improvements against the abutting property in accordance with the provisions of this subchapter, which assessments shall become a lien upon the abutting property and be collected in the manner provided under this subchapter. Where assessments for such improvements have been paid in whole or in part the Mayor shall refund, within the limits of appropriations by Congress therefor, to the persons paying the same, the excess, if any, of such payments over the amounts of the reassessments levied under §§ 9-421.01 to 9-421.12.
(Feb. 20, 1931, 46 Stat. 1199, ch. 246, § 11.)
Prior Codifications
1981 Ed., § 7-637.
1973 Ed., § 7-632.
Cross References
Real property tax sales, refund of erroneously paid taxes, see § 47-1317.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. 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 9 - Transportation Systems › Chapter 4 - Street Repair and Construction › Subchapter III - Assessment When Roadway Paved › § 9–421.12. Assessment when roadway paved — Severability

§ 9–421.12. Assessment when roadway paved — Severability.
Should any provision of this subchapter be decided by the courts to be unconstitutional or invalid, the validity of §§ 9-421.01 to 9-421.12 as a whole or of any part thereof other than the part decided to be unconstitutional shall not be affected.
(Feb. 20, 1931, 46 Stat. 1199, ch. 246, § 12.)
Prior Codifications
1981 Ed., § 7-638.
1973 Ed., § 7-633.
2023 District of Columbia Code › Title 9 - Transportation Systems › Chapter 4 - Street Repair and Construction › Subchapter III - Assessment When Roadway Paved › § 9–421.13. Applicability to assessments levied prior to 1885

§ 9–421.13. Applicability to assessments levied prior to 1885.
(a) The provisions of §§ 9-421.05, 9-421.06, and 9-421.07 shall not preclude the levying of assessments hereunder if the improvement for which such prior assessment was levied, or, if the original paving, curbing, or curbing and guttering, laid at the whole cost of the owner, were completed prior to January 1, 1885.
(b) The provision of § 9-421.08, relating to legal assessments heretofore levied, shall not be applicable where said prior assessments were levied for any improvement completed prior to January 1, 1885.
(Feb. 20, 1931, ch. 246, § 14; June 28, 1935, 49 Stat. 430, ch. 331, § 1.)
Prior Codifications
1981 Ed., § 7-639.
1973 Ed., § 7-634.
2023 District of Columbia Code › Title 9 - Transportation Systems › Chapter 4 - Street Repair and Construction › Subchapter III-A - Sidewalk Installation, Safety, and Accessibility › § 9–425.01. Sidewalk installation requirements

§ 9–425.01. Sidewalk installation requirements.
(a) For road segments that lack sidewalks on both sides of the street, road reconstruction, installation of a curb and gutter, or curb and gutter replacement shall include installation of a sidewalk on at least one side of the street.
(b) For roadways that are missing sidewalks, but are not undergoing major construction, sidewalk installation shall be prioritized for the following areas:
(1) Missing sidewalks in school areas;
(2) Routes that provide access to parks and recreational facilities;
(3) Transit stops;
(4) Locations where the absence of a sidewalk creates substantial pedestrian safety risks; and
(5) Roadway segments for which residents petitioned to have sidewalks.
(c) The Mayor shall continue to accept and consider sidewalk petition requests from residents.
(Sept. 24, 2010, D.C. Law 18-227, § 2, 57 DCR 6923; Dec. 24, 2013, D.C. Law 20-61, § 6062, 60 DCR 12472; Dec. 23, 2020, D.C. Law 23-158, § 3(a), 67 DCR 13057.)
Effect of Amendments
The 2013 amendment by D.C. Law 20-61 substituted “road reconstruction, installation of a curb and gutter, or curb and gutter replacement” for “road reconstruction or curb and gutter replacement” in (a).
Applicability
Applicability of D.C. Law 23-158: § 14 of D.C. Law 23-158 provided that the change made to this section by § 3(a) of D.C. Law 23-158 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
Emergency Legislation
For temporary (90 days) amendment of this section, see § 6062 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).
For temporary (90 days) amendment of this section, see § 6062 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).
Short Title
Section 6061 of D.C. Law 20-61 provided that Subtitle G of Title VI of the act may be cited as the “Priority Sidewalk Assurance Amendment Act of 2013”.
Editor's Notes
Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.
2023 District of Columbia Code › Title 9 - Transportation Systems › Chapter 4 - Street Repair and Construction › Subchapter III-A - Sidewalk Installation, Safety, and Accessibility › § 9–425.01a. Crosswalk installation requirements. [Not Funded]

§ 9–425.01a. Crosswalk installation requirements. [Not Funded]
Not Funded.
(Sept. 24, 2010, D.C. Law 18-227, § 2a; as added Dec. 23, 2020, D.C. Law 23-158, § 3(b), 67 DCR 13057.)
Applicability
Applicability of D.C. Law 23-158: § 14 of D.C. Law 23-158 provided that the creation of this section by § 3(b) of D.C. Law 23-158 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
2023 District of Columbia Code › Title 9 - Transportation Systems › Chapter 4 - Street Repair and Construction › Subchapter III-A - Sidewalk Installation, Safety, and Accessibility › § 9–425.01b. Tactical safety project and bicycle lane conversions. [Not Funded]

§ 9–425.01b. Tactical safety project and bicycle lane conversions. [Not Funded]
Not Funded.
(Sept. 24, 2010, D.C. Law 18-227, § 2b; as added Dec. 21, 2022, D.C. Law 24-214, § 3(a), 69 DCR 14004.)
Applicability
Applicability of D.C. Law 24-214: § 4 of D.C. Law 24-214 provided that the creation of this section by § 3(a) of D.C. Law 24-214 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.