(a) Whenever it appears that any person, association, or business entity has engaged, is engaged, or is about to engage in acts or practices constituting a violation or infraction of any provision or orders issued under the Construction Codes, the Office of the Attorney General for the District of Columbia may bring an action in the Superior Court of the District of Columbia for injunctive relief. Injunctive relief shall be granted on a showing that it will prevent illegal construction activity in the District of Columbia. A plaintiff shall not be required to prove irreparable harm to obtain a preliminary injunction.

(b) The injunctive relief shall include:

(1) Ordering the sealing of structures and locations at which construction activity has occurred or is occurring in violation of the Construction Codes;

(2) Ordering the cessation of all construction and remodeling activity at locations in which, or in structures where, construction activity has occurred or is occurring in violation of the Construction Codes;

(3) Ordering the removal or correction to structures built or altered in violation of the Construction Codes; or

(4) Any other equitable relief that prevents illegal construction activity in the District of Columbia.

(c) In addition, upon a proper showing, an ex parte, interlocutory, or permanent injunction may be granted without bond. The Superior Court of the District of Columbia may also issue a mandatory injunction commanding compliance with any provision or order issued under the Construction Codes.

CREDIT(S)

(Mar. 21, 1987, D.C. Law 6-216, § 8, 34 DCR 1072; Oct. 18, 2005, D.C. Law 16-24, § 2(b), 52 DCR 8080.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications
1981 Ed., § 5-1307.
Effect of Amendments
D.C. Law 16-24 rewrote the section, which had read as follows:
“Whenever it appears that any person, association, or business entity has engaged, is engaged, or is about to engage in acts or practices constituting a violation or infraction of any provision of the Construction Codes or orders issued under the authority of the Construction Codes, the Corporation Counsel may bring an action in the Superior Court of the District of Columbia to enjoin those acts or practices, and upon a proper showing, an ex parte, interlocutory, or permanent injunction may be granted without bond. The Superior Court of the District of Columbia may also issue a mandatory injunction commanding compliance with any provision of or order issued under the authority of the Construction Codes.”
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 2(b) of Abatement of Nuisance Construction Projects Temporary Amendment Act of 2005 (D.C. Law 16-4, May 14, 2005, law notification 52 DCR 5427).
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 2(b) of Abatement of Nuisance Construction Projects Emergency Amendment Act of 2005 (D.C. Act 16-42, February 17, 2005, 52 DCR 3045).
Legislative History of Laws
For legislative history of D.C. Law 6-216, see Historical and Statutory Notes following § 6-1401.
For Law 16-24, see notes following § 6-1406.

(a) Whenever it appears that any person, association, or business entity has engaged, is engaged, or is about to engage in acts or practices constituting a violation or infraction of any provision or orders issued under the Construction Codes, the Office of the Attorney General for the District of Columbia may bring an action in the Superior Court of the District of Columbia for injunctive relief. Injunctive relief shall be granted on a showing that it will prevent illegal construction activity in the District of Columbia. A plaintiff shall not be required to prove irreparable harm to obtain a preliminary injunction.

(b) The injunctive relief shall include:

(1) Ordering the sealing of structures and locations at which construction activity has occurred or is occurring in violation of the Construction Codes;

(2) Ordering the cessation of all construction and remodeling activity at locations in which, or in structures where, construction activity has occurred or is occurring in violation of the Construction Codes;

(3) Ordering the removal or correction to structures built or altered in violation of the Construction Codes; or

(4) Any other equitable relief that prevents illegal construction activity in the District of Columbia.

(c) In addition, upon a proper showing, an ex parte, interlocutory, or permanent injunction may be granted without bond. The Superior Court of the District of Columbia may also issue a mandatory injunction commanding compliance with any provision or order issued under the Construction Codes.

CREDIT(S)

(Mar. 21, 1987, D.C. Law 6-216, § 8, 34 DCR 1072; Oct. 18, 2005, D.C. Law 16-24, § 2(b), 52 DCR 8080.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications
1981 Ed., § 5-1307.
Effect of Amendments
D.C. Law 16-24 rewrote the section, which had read as follows:
“Whenever it appears that any person, association, or business entity has engaged, is engaged, or is about to engage in acts or practices constituting a violation or infraction of any provision of the Construction Codes or orders issued under the authority of the Construction Codes, the Corporation Counsel may bring an action in the Superior Court of the District of Columbia to enjoin those acts or practices, and upon a proper showing, an ex parte, interlocutory, or permanent injunction may be granted without bond. The Superior Court of the District of Columbia may also issue a mandatory injunction commanding compliance with any provision of or order issued under the authority of the Construction Codes.”
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 2(b) of Abatement of Nuisance Construction Projects Temporary Amendment Act of 2005 (D.C. Law 16-4, May 14, 2005, law notification 52 DCR 5427).
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 2(b) of Abatement of Nuisance Construction Projects Emergency Amendment Act of 2005 (D.C. Act 16-42, February 17, 2005, 52 DCR 3045).
Legislative History of Laws
For legislative history of D.C. Law 6-216, see Historical and Statutory Notes following § 6-1401.
For Law 16-24, see notes following § 6-1406.