Title 10 — Parks, Public Buildings, Grounds, and Space.

As used in this subchapter, unless the context requires otherwise: (1) “Mayor” means the Mayor of the District or his designated agent. (1A) “Assessed value” means the estimated market value of the real property attributable to the land for purposes of real property taxation as o…

Nothing contained in this subchapter shall be construed as requiring the Mayor to assess and collect rent from the government of the District of Columbia for the use, in accordance with the provisions of part B of this subchapter, of public space abutting property owned by any su…

Notwithstanding any other provisions of this subchapter, the Mayor is authorized, in his judgment and pursuant to regulations adopted and promulgated by the Council of the District of Columbia, to permit the occupancy of public space for minor uses without requiring rental paymen…

The Council of the District of Columbia is authorized to provide by regulation for the rental of portions of public space on or above the surface of the pavement or the ground, as the case may be, and not actually required for the use of the general public, for such period of tim…

(a) To participate in a street festival, the lessee of a building that fronts and abuts the closed street may rent, pursuant to § 10-1102.01, the public space immediately fronting and abutting the building which the lessee occupies. This rental of public space shall be subject to…

(a) The Council of the District of Columbia shall by regulation provide for the payment of rent for the use of public space as authorized by this part. The annual rent for such space shall be a fair and equitable amount fixed by the Council from time to time in accordance with re…

The first $83,000 of annual rent for use of public space, established pursuant to § 10-1102.02, shall be waived for the use of land between Lot 16, Square 3832 and Lot 47, Square 3831.

The Mayor is authorized, with respect to property subject to the requirements of § 9-113.04 [repealed], to allow the same use to be made of such property as, under the authority of this part, he allows to be made of the public space abutting such property. Any such use of such pr…

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 wi…

(a)(1) The Chief Financial Officer shall assess and collect rent and charges from the owner or owners of abutting property for any vault located in the public space abutting such property, unless such vault has been removed, filled, sealed, or otherwise rendered unusable in a man…

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 …

(a) Except as provided in subsections (d) and (d-1) of this section, the owner of property abutting public space in which any vault is located, as such owner may be recorded in the real estate assessment records of the District, shall pay the rent established in accordance with t…

(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 y…

(a) Whenever the Mayor determines that any vault is unsafe or is not in use, or the space occupied by such vault is required for street improvements, or the construction or extension of sewers, water mains, other public works, or public utility facilities, the Mayor is authorized…

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 propert…

(a) The Mayor shall take such action as he in his discretion considers necessary or desirable to secure the payment to the District of rents due and payable on vaults; interest on late rental payments; the cost of any advertising required by this part; the cost to the District of…

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…

(a) The Mayor is authorized to require that the use of a vault occupied or used under the authority of this subchapter shall be subject to the condition that the District shall have the right at any time to install or construct under, over, or through said vault any water pipe, g…

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 an…

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.

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 …

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 sec…

(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 D…

(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 i…

Repealed Repealed.

Repealed Repealed.

Repealed Repealed.

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 i…

Repealed Repealed.

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.

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 airspa…

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 st…

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 direct…

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 M…

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.

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 le…

(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 b…

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…

(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 …

The federal government and District government are each authorized, without regard to the requirements of §§ 10-1121.03 through 10-1121.10, to construct any structure in airspace, subject to the following conditions: (1) The government proposing to construct any structure in airs…

If the federal government or the District government brings an action to recover the use of airspace leased under this subchapter, the government having title to the street or alley over or under which such airspace is located shall pay to the lessee of such airspace the fair mar…

This subchapter shall not apply to airspace within the area in the District bounded on the north by G Street Northeast and Northwest, on the south by G Street Southeast and Southwest, on the east by 11th Street Northeast and Southeast, and the west by 3rd Street Southwest and Nor…

For the purposes of this subchapter, the term: (a)(1) “Conduit” means any pipe or other hollow protective sleeve through which cable may be inserted. (2) “Private structure” means all privately-owned fixtures on public space or in the public rights of way. (3) “Public rights of w…

Sections 10-1141.03 to 10-1141.05 shall not apply to: (a)(1) The rental of: (A) Public space for use as a sidewalk cafe, enclosed flower or fruit stand, or for other retail purposes pursuant to §§ 10-1101.01 through 10-1102.02; (B) Space for a vault pursuant to §§ 10-1103.01 thro…

(a) The Mayor may issue permits to occupy or otherwise use public rights of way, public space, and public structures pursuant to this subchapter for any purpose, including the use of the foregoing for conduits, including conduits which occupy public space, or a public right of wa…

The Mayor may waive or reduce any permit fee, except for the application fee, to occupy or otherwise use public space, public rights of way, or public structures for a project that: (1) Is conducted by a Business Improvement District or Community Improvement District established …

The Mayor shall issue regulations to implement this subchapter. These regulations shall: (1) Provide for a nonrefundable application fee to be paid by any party applying for a permit pursuant to this subchapter. The fee shall be set in an amount to recoup some or all of the costs…

Repealed Repealed.

The Mayor shall require a permittee to maintain specific books, records, and accounts. All books, records, and accounts of any permittee may be inspected by the Mayor, and may be inspected and audited by the District of Columbia Inspector General in order to determine whether the…

Each public utility company regulated by the Public Service Commission shall recover from its utility customers all lease payments which it pays to the District of Columbia pursuant to this title through a surcharge mechanism applied to each unit of sale and the surcharge amount …