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Subject: Nuisances, Incidentals,
Defects And PD Form 61D (Violation Citation) |
Series Number Change 308
02 Effective Date
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The purpose of this
order is to establish policy and procedures for handling nuisances,
incidentals, defects in public space and the issuance of PD Form 61D. This
order consists of the following parts:
PART I
Responsibilities and Procedures for Members of the Department
A. Nuisances to be abated.
B. Reporting Incidentals.
C. Accidents involving Defects in Public Space.
D. Damage to
E. Violation Citations.
PART II
Responsibilities and Procedures for Special Assignment Personnel
A. Station Clerks.
B. Vending Coordinator.
PART III
Responsibilities and Procedures for Supervisory and Command
Personnel
A. Commanding Officers.
B. Identification and Recording Division.
C. Court Liaison Division.
PART I
A. Nuisances to be Abated.
Any
member who discovers or whose attention is directed to a nuisance as described
in Title 5, Section 504 of the D.C. Code (See Attachment “A”) shall:
1. Prepare a PD 251 (Event Report) to include:
a. An
accurate description of the nuisance.
b.
The
exact location of the lot.
c.
The lot and
square number.
d. The
name and address of the owner of the property.
NOTE: Items
b, c, and d are available .y calling the Maps and Title Section, Department of
Finance and Revenue.
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General Order 308.2 |
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June 20, 1980 |
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2. Notify the owner of record by one of the
following methods:
a. If
the owner can be served within the issuing district, the issuing officer shall
prepare PD 166 (Notice to Abate a Nuisance) in triplicate and serve the
property owner with the original.
NOTE: Title 5, Section 505 of the D.C. Code
specifies that the notice will be deemed to have been served if 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 therein or employed
therein. Service on a corporation may be made on the president, secretary,
treasurer, general manager, or any principal officer Of such corporation.
b. If
the owner must he served by another district, the issuing officer shall prepare
PD 166 in triplicate. The original and both copies shall be forwarded via
department mail to the serving district that district shall serve the property
owner with the original. The two copied copies shall be returned via department
mail by the serving district to the issuing district.
c. If
the owner cannot be served within the District of Columbia, the issuing officer
shall:
(1) Notify
the Department of Economic Development (DED). Office of Licenses and Permits
for real property occupied by a dwelling of any kind, or
(2) Notify
the Department of Environmental Services (DES) for vacant lots, commercial, or
industrial property.
(3) Enter,
on PD 251, the time, date, and the name of the person notified. The agency
notified shall be responsible for notifying the property owner and assuring
abatement of the nuisance.
3. Turn in the copied copies of PD 166 to the
station clerk.
4. Follow-up
on his original report to assure that the nuisance has been abated.
a. If
PD 166 has been served and the nuisance has not been abated after 5 days from
the date of service, the issuing officer shall issue PD 61D (Violation
Citation) to the property owner citing “Maintenance of a Nuisance on Property”.
The collateral for the violation is $100.00.
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General Order 308.2 |
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June 20, 1980 |
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b. If
the person to be served lives in another district, both copies of PD 61D shall
be forwarded via department mail to the serving district and that district
shall be responsible for serving the property owner with the original. The
second copy of PD 61D shall be copied and returned via department mail to the
issuing district for filing in the Citation Violation File.
c. If
PD 61D has been served and, after 15 days from the date of service, the
property owner has neither abated the nuisance nor requested a court date on
the previously issued PD 61D, the issuing officer shall present the facts,
i.e., the element file copies of PD 166 and PD 61D, and all other information
required by General Order 702.1 (Arrest and Bench Warrants), to the Office of
the Corporation Counsel (0CC) for issuance of a warrant.
5. Prepare
PD 252 (Supplement Report) after the nuisance has been abated by the property
owner. In the event the nuisance is not abated, prepare PD 252 listing all
attempts to bring about compliance with the law, i.e., PD 61D issued, date, and
time warrant applied for, date, and time, include an explanation if the warrant
was denied.
B. Reporting incidentals.
Any
member who discovers or whose attention is directed to an incidental shall:
1. Notify
the proper authority as described in Attachment “B”.
2. Make
the appropriate entry on the district’s Incidental Book to include:
a. The
type of incidental being reported.
b. The
exact location of the incidental.
c. The
date and time observed.
d.
The name
of the person observing the incidental if other than the reporting officer.
e.
The
date, time, name and agency of the person notified.
f.
The
reporting officer’s name and badge number.
g.
The
complaint number, if a PD 251 or a PD 10 (Traffic Accident Report) is prepared.
C. Accidents Involving Defects in Public
Space.
Any
member who discovers, or whose attention is directed to, an accident involving
injuries or property damage due to defects in public space shall:
1. Take complete charge of the scene.
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General Order 308.2 |
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June 20, 1980 |
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2. Where possible, see that nothing is touched
or moved.
3. Give
immediate attention to any injured person making sure that medical care is
obtained, if needed.
4. Obtain
the names, addresses and statements from all witnesses and persons involved.
5. If
a private vehicle is involved, record in his notebook a list of all pertinent
articles which may be found in or near the car, such as alcoholic beverage or
narcotic containers; the location and condition of Street lights; the exact
condition of the street or sidewalk; and If the accident occurred at night,
whether red lanterns had been placed on the obstruction or defect in public
space, their number and location, whether or not they were Lighted, and if not
lighted, the last time they were observed lighted, as well as any other facts
that the member believes to be relevant.
6. Refrain
from taking any measurements or photographs of the condition unless it is
likely to change before the Investigative Section, 0CC, arrives to take its own
measurements.
NOTE: This shall not be construed as relieving
members from making measurements for the preparation of PD 10 or CC Form 3 (Vehicle
Accident Report).
7. Mark
with a yellow grease crayon all pertinent locations such as the position of
cars, points of impact, skid marks, broken glass, and defects in the sidewalk,
8. Refrain
from making admissions or expressing an opinion indicating ideas concerning
liability on the part of anyone.
9. Notify
the proper authority and make the appropriate entry n the Incidental Book as
specified in Part lB.
10. Notify
the Investigative Section, 0CC, as described in Attachment
11. Prepare PD 251 or PD 10, as applicable, to
include:
a. The
exact location of the obstruction or defect.
NOTE: Members shall, when possible, have the
injured person accompany them to the location where the accident took place so
that the injured person may point out the exact location.
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General Order 308.2 |
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June 20, 1980 |
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b. The
exact position of any vehicle involved, the location and length of any skid
marks, and the location and amount of any glass.
c. The
exact nature of any damage to property.
d. The
condition of the street or sidewalk as to whether or not any defects were
existent.
e. Weather
conditions.
f. Whether
anyone involved was charged with any violation of the traffic or other
regulations.
g. The
name of the hospital and doctor giving treatment, the nature of the injuries
and whether or not the injured person was admitted, released or refused
treatment.
h. The
notification to the Investigative Section, 0CC.
i. The
notification to any other authority as specified in Part lB.
NOTE: Unless an officer actually witnesses the
accident his report shall be written as having been reported
to him and not as he
reports from actual knowledge.
D. Damage
to D.C. Government Property
Any
member who discovers or whose attention is directed to an accident involving
damage to fire hydrants, water drinking fountains, Street lamps, traffic
lights, magnetic traffic signal detectors, or fire alarm boxes shall:
1. Notify the investigative Section, OCC.
2. Prepare PD 251 or PD 10, as applicable, to
include:
a. The
extent of the damage.
b. A
description of how the damage occurred.
c. The
name of the person responsible for the damage.
d.
The name
of the person’s insurance company.
e. Whether
the person responsible for the damage is willing to pay to repair it.
f. The
date, time, and name of the person notified at the investigative Section, 0CC.
3. Make the appropriate entry on the incidental
Book.
4. Make
the appropriate notifications as required in Part lB.
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General Order 308.2 |
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June 20, 1980 |
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E. Violation Citations.
1. PD
Form 61D (Violation Citation) may be issued for all violations coming under the
jurisdiction of the Superior Court for which collateral may be accepted by the
department. (See General Order 503.3, Attachment A, Distribution E, for a list
of these violations).
2. PD
Form 61D shall not be issued to persons having diplomatic immunity nor to
juveniles.
3. Verbal
warnings may be issued in lieu of PD Form 61D when, in the judgment of the
member, a situation is at hand that can best be resolved through the issuance
of a verbal warning.
4. Warning Citations.
a. Warning
Citations shall only be issued for first offense violations of the Vending
Regulations.
b. Warning
Citations shall not be issued to persons who reside outside the Washington
Metropolitan Area (defined as any point outside a 25 mile radius of the
U.S. Capitol building) who are vending without a license. Persons who
reside outside the Washington Metropolitan Area who are vending without a
license shall be summarily arrested and transported to the district station
house for processing.
c. Persons
residing within the Washington Metropolitan Area (defined as any point
extending to a 25 mile radius of the U.S. Capitol building) who are vending
without a license may be issued a Warning Citation or a Violation Citation if,
in the issuing officer’s judgment, the vendor will immediately cease vending.
If the officer believes that the vendor will continue vending without a
license, the vendor shall be summarily arrested and transported to the district
station house for processing.
5. Preparation
instructions for Violation Citations and Warning Citations are contained in the
Field Report Writing Handbook.
6. Distribution Instructions.
a. Violation
Citations.
1) White
— to violator.
2)
Yellow -
retain.
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General Order 308.2 |
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June 20, 1980 |
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b. Warning
Citations.
1) White-retain.
2) Yellow
- to violator.
c. The
appropriate copy of the Violation Citation or the Warning Citation shall be
turned over to a section sergeant before checking off duty.
7. Obtaining Warrants.
a. The
issuing officer shall be responsible for obtaining warrants for PD 61Ds that he
has issued.
b. If,
after 15 days from the date of service, the violator has neither requested a
court date nor forfeited collateral, the issuing officer shall present the
facts, i.e., the element file copy of PD 61D and all other information required
by General Order 702.1 (Arrest and Bench Warrants), to the Office of the
Corporation Counsel (0CC) for issuance of a warrant.
c. If
the Corporation Counsel approves the warrant, the PD Form 61D shall remain at
the 0CC stapled to the warrant application.
d. If
the Corporation Counsel disapproves the warrant the PD Form 61T) shall be
refilled in the element’s Violation Citation File. The 15 Day Suspense Book
shall he annotated to reflect “No Papers” along, with the name of the
prosecutor who “No Papered” the case.
8.
Vending Violations.
a. If
the violation involves non-compliance with the Vending Regulations, the officer
shall request that the vendor’s name be checked through the WALES Complainant
Name File. inquiries shall be made as follows:
1) COMP/NAME/Last
Name, First Name, Middle Name, or
2) Last
Name, First Name, Middle Name
b. If
the Complainant Name File indicates that the vendor has not received a previous
Warning Citation (PD 61D) the officer shall acquaint the vendor with the city’s
Vending Regulations and issue the vendor a Warning Citation (PD 61D).
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General Order 308.2 |
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June 20, 1980 |
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c. If
the Complainant Name File indicates that the vendor has received a previous
Warning Citation (PD 61D) for a violation of any of the Vending Regulations,
the officer shall issue the vendor a Violation Citation (PD 61D).
d. Whenever
a Violation Citation (PD 6 1D) is scheduled for court, the issuing officer
shall respond for papering on the stipulated court date to the Office of the
Corporation Counsel, with the white copy and the yellow copy of the Violation
Citation (PD 61D) and the white copy of the previously issued Warning Citation
(PD 61D). The white copy of the previously issued Warning Citation (PD 61D)
shall be obtained by calling the First District Vending Coordinator.
9.
Trash Violations.
a. Enforcement
of trash, garbage, and health regulations as contained in the Police
Regulations and the D.C. Rules and Regulations shall first be accomplished by
the issuance of a verbal warning to correct the existing condition which is in
violation.
b. Failure
to comply with the verbal warning within a reasonable amount of time (not to
exceed 7 days) without a valid excuse shall lead to the issuance of a Violation
Citation(PD 61D).
c. Commissioner's
Order 73-73 established the Environmental Health School as an alternative to
prosecution for violations of the anti-litter regulations as specified in
Article 3, Sections 1, 2, 4, 8, 11, and 12 of the Police Regulations.
4. Members
Issuing PD 61D for any one of the above violations shall also Issue an ES Form
175 (Environmental Health School Information Card) to the violator.
PART V
A. Station Clerks shall be responsible
for:
1. Maintaining
the district’s PD 166 5 day suspense file containing the first copied copy of
PD 166.
2. Forwarding
the second copied copy of PD 166 to DED or as applicable.
3. Preparing PD 107 (Outside Agency Report) for
each item
listed on the Incidental Book.
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General Order 308.2 |
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June 20, 1980 |
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a. PD
107 shall be prepared in duplicate.
b. A
separate PD 107 shall be prepared for each outside agency that requires
notification.
c. Incidentals
involving injuries or property damage to public space shall be clearly
identified on PD 107 so that the DOT Maintenance Engineer knows not to make
repairs until notified to do so by the investigative Section, 0CC.
d. The
original of PD 107 shall be forwarded to the concerned outside agency and the
copy shall be retained at the element.
4. Forwarding
the white copy of all Warning Citations (PD 61D) to the ID Vending
Coordinator’s Office.
5. Filing the yellow copy of all Violation
Citations (PD 61D) by date of Issuance in the Violation Citation File
6. Logging the Violation Citation (PD 61D) on
the element’s 15 Day Suspense Book when it reaches an overdue date.
a. The
15 Day Suspense Book shall contain the date of issuance, the name of the
violator, the name of the issuing officer and a space for recording the final disposition.
b. A
notification shall be placed in the officer’s mail box notifying him that the
Violation Citation has reached an overdue status.
7. Processing
the PD LID, when the violator appears to forfeit collateral, as follows:
a. Obtain
the white copy of the Violation Citation from the violator.
b. Collect
the required collateral and issue PD 67 (Collateral Receipt) to the violator.
c. Book
the case on the Arrest Book.
d. Prepare
PD 255 (Arrest Report).
e.
Pull the
yellow copy of PD 61D from the Citation Violation
File,
record the disposition on the reverse side, staple the white and yellow copies
together, and refile same in the Citation Violation File.
8. Processing
PD 61D, when the violator appears to post collateral to appear in court, as
follows:
a. Performs
items 7a-d, above.
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General Order 308.2 |
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June 20, 1980 |
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b. Pull
the yellow copy of the Violation Citation from the Violation Citation File and
note the court date appearing on the reverse side.
c. Advise
the violator that he must appear in Superior Court at 0900 hours on the
stipulated court date.
d. Deliver
the white and yellow copy of the Violation Citation to the issuing officer
making sure that the issuing officer is aware that the case is schedule for
court.
9. Transferring Violation Citation cases as
follows:
a. If
the violator posts collateral to forfeit at a location other than the
issuing officer’s element the case shall be booked in red using the issuing
officer’s element arrest number and transferred to the issuing officer’s
element so that the disposition may be recorded on the reverse side of the
yellow copy in the Violation Citation File. The white copy shall be obtained
from the violator and forwarded via department mail to the issuing officer’s
element so that it may be stapled to the yellow copy and ref lied in the
Citation Violation File.
b. If
the violator posts collateral to appear at a location other than the
issuing officer’s element the case shall be booked in red using the issuing
officer’s element arrest number and transferred to the issuing officer’s
element. The station clerk at the issuing officer’s element shall pull the
yellow copy of the PD 61D and advise the calling element as to the issuing
officer’s next available court date. The white copy shall be obtained from the
violator and forwarded via department mail to the issuing officer’s element so
that it may be delivered to the issuing officer along with the yellow copy. The
issuing officer’s station clerk shall be responsible for notifying the issuing
off leer that the case is scheduled for court.
10. Processing
Environmental Health School cases as follows:
a. Upon
receiving notification from the Court Liaison Division that the violator plans
to attend Environmental Health School, the station clerk shall withdraw the PD
61D from file, enter the projected attendance date, and re-file the PD 61D by
the date of projected attendance.
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General Order 308.2 |
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June 20, 1980 |
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b. Upon
receiving notification that the violator attended Environmental Health School,
the station clerk shall withdraw PD 61D from file, enter the date of
attendance, and refile PD 61D in the Citation Violation File by the date the
violator attended the school.
11. Maintaining
and disposing of all records in accordance with the department’s Records
Disposition and Retention Schedule.
B. Vending Coordinator, First District
shall be responsible for:
1. Filing
all Warning Citations (PD 61D) in the Warning Citation File.
2. Assuring
that Warning Citations are available for court presentation, when needed.
3. Entering
all Warning Citations into the Complainant Name File.
4. Coordinating
the department’s Vending Program to assure that the Vending Regulations are
uniformly enforced throughout the department.
PART III.
A. Commanding Officers.
Commanding
officers shall direct all members of their command to be vigilant in noting
violations of the above described regulations and to take immediate corrective
action.
B. Identification and Records Division.
The
Director, Identification and Records Division, shall be responsible for:
1. Forwarding
a copy of PD 251 and/or PD 252 to the Department of Economic Development or the
Department of Environmental Services, as applicable, in the case of all
nuisances to be abated.
2. Forwarding
a copy of PD 251 or PD 10 to the investigative Section, 0CC, in the case of all
injuries or accidents due to defects, obstructions, or depressions .in public
space.
3. Forwarding
a copy of PD 251 or PD 10 to the Investigative Section, 0CC, in the case of all
damage to D.C. government property as described in Part ID.
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General Order 308.2 |
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June 20, 1980 |
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C. Court Liaison Division.
The
Court Liaison Officer shall be responsible for notifying the appropriate
district whenever a notification is received from the Department of
Environmental Services that a violator is scheduled to attend Environmental
Health School, completed school, failed to attend, or is rescheduled.
Attachments
Title 5. Section
504 of the D.C. Code states
that "the existence on any lot or parcel of land, in the District of
Columbia. of any uncovered well, cistern, dangerous hole, excavation, any dead.
dangerous or diseased tree, or part thereof, or of any abandoned vehicles of
any description or parts thereof, miscellaneous materials or debris of any
kind, including substances that have accumulated as the result of repairs to
yards or any building operations, insofar as they affect the public health,
comfort. safety. and welfare is hereby declared a nuisance dangerous to life
and limb, and any person. corporation, partnership, syndicate. or company,
owning a lot or parcel of land in said District on which such a nuisance exists
who shall neglect or refuse to abate the same to the satisfaction of the
Commissioners (Mayor) of the District of Columbia. after 5 days notice from
them (him) to do so. shall, on conviction in the Superior Court of the District
of Columbia. be punished by a fine of not exceeding $50.00 for each and every
day said person, corporation, partnership, or syndicate, fails to comply with
such notice.”
General Order 308.02
Attachment “A”