Liability for damages; civil penalty.
If any underground facility is damaged through the fault of any person, that person shall be liable to the owner of the underground facility for the total cost of the repair or, if necessary, the replacement of the damaged underground facility. If any underground facility is damaged by any person carrying out excavation or demolition without having complied with the notice provisions of this chapter, that person shall be liable to the owner of the underground facility for treble the cost of the repair or replacement of the damaged underground facility. Any person who violates any provision of this chapter shall be subject to a civil penalty of $2,500 for the first violation, $3,500 for the second violation, and $5,000 for the third or subsequent violation. Action to recover the civil penalties provided for in this section shall be brought by the Corporation Counsel of the District of Columbia in the Superior Court of the District of Columbia. All penalties recovered from such action, including reasonable attorney’s fees, shall be paid into the General Fund of the District of Columbia.
Annotations
Mar. 4, 1981, D.C. Law 3-129, § 8, 28 DCR 264 May 23, 2000, D.C. Law 13-114, § 2(d), 47 DCR 1993 D.C. Law 13-114 in subsec. (c) substituted “of $2,500 for the first violation, $3,500 for the second violation and $5,000 for the third or subsequent violation” for “not to exceed one thousand dollars ($1,000) for each such violation”. 1981 Ed., § 43-1707.
Sourced from the DC Council Open Law Library (public domain).
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