(a) If in the District of Columbia any building or part of a building, staging, or other structure, or anything attached to or connected with any building or other structure or excavation, shall, from any cause, be reported unsafe, the Mayor shall examine such structure or excavation, and if, in his opinion, the same be unsafe, he shall immediately notify the owner, agent, or other persons having an interest in said structure or excavation, to cause the same to be made safe and secure, or that the same be removed, as may be necessary. The person or persons so notified shall be allowed until 12:00 noon of the day following the service of such notice in which to commence the securing or removal of the same; and he or they shall employ sufficient labor to remove or secure the said building or excavation as expeditiously as can be done; provided, however, that in a case where the public safety requires immediate action the Mayor may enter upon the premises, with such workmen and assistants as may be necessary, and cause the said unsafe structure or excavation to be shored up, taken down, or otherwise secured without delay, and a proper fence or boarding to be put up for the protection of passersby.
(a-1) If the unsafe building or structure is an historic landmark or is located in an historic district, as defined in § 6-1102(5), the Mayor shall not order or cause the building or structure, or portion thereof, to be removed or taken down unless the Mayor determines, in consultation with the State Historic Preservation Officer, as defined in § 6-1102(12), that:
(1) There is an extreme and immediate threat to public safety resulting from unsafe structural conditions; and
(2) The unsafe condition cannot be abated by shoring, stabilizing, or securing the building or structure.
(a-2) If the building or structure is an historic landmark or is located within an historic district, as defined in § 6-1102, the Mayor shall not order the removal of the structure unless the Mayor determines that there is an extreme and immediate threat to the safety and welfare of the general public resulting from unsafe structural conditions. If the Mayor makes such determination, the Mayor shall require the owner to make the building safe and secure in accordance with the provisions of subsection (a) of this section.
(b) The term "Mayor" means the Mayor of the District of Columbia or the agent or agents designated by him to perform any function vested in said Mayor by this chapter.
(Mar. 1, 1899, 30 Stat. 923, ch. 323, § 1; Apr. 5, 1935, 49 Stat. 105, ch. 41; Aug. 22, 1964, 78 Stat. 599, Pub. L. 88-486, §§ 1, 2; Apr. 27, 2001, D.C. Law 13-281, § 102(a), 48 DCR 1888.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 5-601.
1973 Ed., § 5-501.
Effect of Amendments
D.C. Law 13-281 added subsecs. (c-2) and (c-3).
Legislative History of Laws
Law 13-281, the "Abatement and Condemnation of Nuisance Properties Omnibus Amendment Act of 2000", was introduced in Council and assigned Bill No. 13-646, which was referred to the Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on December 5, 2000, and December 19, 2000, respectively. Signed by the Mayor on January 22, 2000, it was assigned Act No. 13-78 and transmitted to Both Houses of Congress for its review. D.C. Law 13-281 became effective on April 27, 2001.
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.
Miscellaneous Notes
Soil Erosion and Sedimentation Control in Square 6126: Title II, §§ 201-205, of D.C. Law 8-229 gave the Mayor powers to make an immediate determination of nature and cost of remedial actions for sediment control in Square 6126, power to undertake such actions, power to prohibit activities in Square 6126, power to enter private property to carry out the actions, and power to levy an assessment on the property in Square 6126; however, expenditure of funds for remedial actions or permanent improvements other than in Square 6126 is not authorized, nor is any claim or right of relief for such actions created in any person by title II.
(a) When the public safety does not, in the judgment of the Mayor, demand immediate action, if the owner, agent, or other party interested in an unsafe structure, except for a deteriorated structure under subchapter II of Chapter 31C of Title 42, or excavation, having been notified, shall refuse or neglect to comply with the requirements of said notice within the time specified, then a careful survey of the premises shall be made by 3 disinterested persons, 1 to be appointed by the Mayor of the District of Columbia, 1 by the owner or other person interested, and the 3rd to be chosen by these 2, and the report of said survey shall be reduced to writing, and a copy served upon the owner or other interested party; and if said owner or other interested party refuses or neglects to appoint a member of said board of survey within the time specified in said notice, then the survey shall be made by the Mayor, and the person chosen by the Mayor, and in case of disagreement they shall choose a 3rd person and the determination of a majority of the 3 so chosen shall be final.
(b) If the building or structure is an historic landmark or is located within an historic district, as defined in § 6-1102(5), the Mayor shall include as a 4th member of the board an architect or historic architect who meets the professional qualifications set forth in 36 C.F.R. § 61.4(f)(1). For the purposes of compliance with this subsection, the Mayor may designate a representative of the State Historic Preservation Officer, as defined in § 6-1102(12).
(Mar. 1, 1899, 30 Stat. 923, ch. 323, § 2; Apr. 5, 1935, 49 Stat. 106, ch. 41; Aug. 22, 1964, 78 Stat. 599, Pub. L. 88-486, § 1; Apr. 27, 2001, D.C. Law 13-281, § 102(b), 48 DCR 1888; Apr. 19, 2002, D.C. Law 14-114, § 102, 49 DCR 1468; Oct. 19, 2002, D.C. Law 14-213, § 12(1), 49 DCR 8140.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 5-602.
1973 Ed., § 5-502.
Effect of Amendments
D.C. Law 13-281 designated subsec. (a) and added subsec. (b).
D.C. Law 14-114, in subsec. (a), substituted "an unsafe structure, except for a deteriorated structure under subchapter II of Chapter 31C of Title 42, or excavation," for "said unsafe structure or excavation,".
D.C. Law 14-213, in subsec. (a), validated a previously made technical correction.
Legislative History of Laws
For D.C. Law 13-281, see notes following § 6-801.
Law 14-114, the "Housing Act of 2002", was introduced in Council and assigned Bill No. 14-183, which was referred to the Committee on Finance and Revenue. The Bill was adopted on first and second readings on December 4, 2001, and January 8, 2002, respectively. Signed by the Mayor on February 6, 2002, it was assigned Act No. 14-267 and transmitted to both Houses of Congress for its review. D.C. Law 14-114 became effective on April 19, 2002.
Law 14-213, the "Technical Amendments Act of 2002", was introduced in Council and assigned Bill No. 14-671, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on June 4, 2002, and July 2, 2002, respectively. Signed by the Mayor on July 26, 2002, it was assigned Act No. 14-459 and transmitted to both Houses of Congress for its review. D.C. Law 14-213 became effective on October 19, 2002.
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.
(a) Whenever the report of any such survey shall declare the structure, except for a deteriorated structure under subchapter II of Chapter 31C of Title 42, or excavation to be unsafe, or shall state that structural repairs should be made in order to place the said structure, except for a deteriorated structure under subchapter II of Chapter 31C of Title 42, or excavation in a fit condition for further occupancy or use, and the owner or other interested person shall for 10 days neglect or refuse to cause such structure, except for a deteriorated structure under subchapter II of Chapter 31C of Title 42, or excavation to be taken down or otherwise to be made safe, the Mayor shall proceed to make such structure, except for a deteriorated structure under subchapter II of Chapter 31C of Title 42, or excavation safe or remove the same. After the expiration of the 10 days in which the owner or other interested person is given to make the structure, except for a deteriorated structure under subchapter II of Chapter 31C of Title 42, or excavation safe, or to be taken down or removed, the owner or other interested person, having failed to comply with the provision of the report of the board of survey, shall not enter, or cause to be entered, the premises for the purpose of making the repairs ordered, or razing the building, as the case may be, or in any other way to interfere with the authorized agents of the District of Columbia in making the said structure, except for a deteriorated structure under subchapter II of Chapter 31C of Title 42, or excavation safe, or in removing same, without first having obtained the written consent of the Mayor of the District of Columbia or his duly authorized representatives.
(b) If the building or structure is an historic landmark or is located within an historic district, as defined in § 6-1102(5), the Mayor shall not require the removal of the structure unless the Mayor determines that there is an extreme and immediate threat to the safety and welfare of the general public resulting from unsafe structural conditions. In making the determination, the Mayor shall give great weight to the recommendations of the survey conducted in compliance with § 6-802.
(Mar. 1, 1899, 30 Stat. 923, ch. 323, § 3; Apr. 5, 1935, 49 Stat. 106, ch. 41; Aug. 22, 1964, 78 Stat. 599, Pub. L. 88-486, §§ 1, 3; Apr. 27, 2001, D.C. Law 13-281, § 102(c), 48 DCR 1888; Apr. 19, 2002, D.C. Law 14-114, § 102, 49 DCR 1468; Oct. 19, 2002, D.C. Law 14-213, § 12(2), 49 DCR 8140.
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 5-603.
1973 Ed., § 5-503.
Effect of Amendments
D.C. Law 13-281 designated subsec. (a) and added subsec. (b).
D.C. Law 14-114, in subsec. (a), substituted "structure, except for a deteriorated structure under subchapter II of Chapter 31C of Title 42, or excavation," for "structure or excavation,".
D.C. Law 14-213 validated previously made technical corrections.
Legislative History of Laws
For D.C. Law 13-281, see notes following § 6-801.
For Law 14-114, see notes following § 6-802.
For Law 14-213, see notes following § 6-802.
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.
(a) 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 Mayor of the District of Columbia, after 5 days notice from 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 for each and every day said person, corporation, partnership, or syndicate, fails to comply with such notice. In case the owner of, or agent or other party interested in, any lot or parcel of land in the District of Columbia on which there exists an open well, cistern, dangerous hole, or excavation, or any dead, dangerous, or diseased tree or part thereof, or any abandoned or unused vehicles or parts thereof, or miscellaneous accumulation of material or debris which affects public safety, health, comfort, and welfare, shall fail, after notice aforesaid, to abate said nuisance within 1 week after the expiration of such notice, the said Mayor may cause the lot or parcel of land on which the nuisance exists to be secured by fences or otherwise enclosed, and the removal of any abandoned vehicles, or parts thereof, any miscellaneous accumulation of material or debris or any dead or dangerous tree or part thereof, or the removal or spraying of any diseased tree adversely affecting the public safety, health, comfort, and welfare, and double the cost and expense thereof shall be assessed by said Mayor as a tax against the property on which such nuisance exists, and the tax so assessed shall be collected in the manner provided in § 6-806. Within the meaning of this section, a dead tree shall be any tree with respect to which the Mayor of the District of Columbia or his designated agent have determined that no part thereof is living; a dangerous tree is any tree or part thereof, living or dead, which the said Mayor or his designated agent shall find is in such condition and is so located as to constitute a danger to persons or property on public space in the vicinity of such tree; and a diseased tree shall be any tree on private property in such a condition of infection from a major pathogenic disease as to constitute, in the opinion of the said Mayor or his designated agent, a threat to the health of any other tree.
(b) The authority conferred on the Mayor under subsection (a) of this section with respect to the removal of dangerous and diseased trees constituting a nuisance shall be exercised by the Mayor only after every reasonable effort has been made to abate such nuisance other than by the removal of any such tree, or part thereof.
(c) Where the Mayor determines that there exists a life-or-health threatening condition on a vacant lot, the notice required by this chapter shall be deemed to have been served if the owner or authorized agent is notified by personal service or by registered mail to the last known address and by conspicuous posting on the property. If the owner or owner's address is unknown, notice shall be provided by conspicuous posting on the property. A life-or-health threatening condition means a condition which imminently endangers the health or safety of persons in the area of the vacant lot.
(Mar. 1, 1899, 30 Stat. 923, ch. 323, § 4; Apr. 5, 1935, 49 Stat. 107, ch. 41; Apr. 1, 1942, 56 Stat. 190, ch. 207, § 1; July 8, 1963, 77 Stat. 77, Pub. L. 88-60, § 1; Aug. 22, 1964, 78 Stat. 599, Pub. L. 88-486, § 4; July 29, 1970, 84 Stat. 570, Pub. L. 91-358, title I, § 155(a); Apr. 23, 1977, D.C. Law 1-128, § 3, 23 DCR 9692; Mar. 10, 1983, D.C. Law 4-205, § 3, 30 DCR 188.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 5-604.
1973 Ed., § 5-504.
Legislative History of Laws
Law 1-128, the "Nuisance Elimination Act of 1976," was introduced in Council and assigned Bill No. 1-303, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on November 23, 1976, and December 7, 1976, respectively. Enacted without signature by the Mayor on January 19, 1977, it was assigned Act No. 1-222 and transmitted to both Houses of Congress for its review.
Law 4-205, the "Summary Abatement of Life-or-Health Threatening Conditions Act of 1982," was introduced in Council and assigned Bill No. 4-459, which was referred to the Committee on Housing and Economic Development. The Bill was adopted on first and second readings on November 16, 1982, and December 14, 1982, respectively. Signed by the Mayor on December 28, 1982, it was assigned Act No. 4-289 and transmitted to both Houses of Congress for its review.
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.
(a) The Mayor shall determine the cost and expense of any work performed by him under the authority of §§ 6-801 to 6-804, including the cost of making good damage to adjoining premises (except such as may have resulted from carelessness and willful recklessness in the demolition or removal of any structure) less the amount, if any, received from the sale of old material, and shall assess such costs and expense upon the lot or ground whereon such structure, excavation, or nuisance stands, stood, was dug, was located, or existed, and this amount shall be collected in the manner provided in § 6- 806. Any person, corporation, partnership, syndicate, or company subject to the provisions of §§ 6-801 to 6-803 who shall neglect or refuse to perform any act required by such sections shall be punished by a fine not exceeding $50 for each and every day said person, corporation, partnership, syndicate, or company fails to perform any act required by such sections. Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction by any person, corporation, partnership, syndicate, or company subject to the provisions of §§ 6-801 through 6-803 who shall neglect or refuse to perform any act required by these sections, pursuant to Chapter 18 of Title 2. Adjudication of any infraction shall be pursuant to Chapter 18 of Title 2.
(b) The Mayor may assess all reasonable costs, including administrative costs, of correcting a life-or-health threatening condition pursuant to § 6-804(c) and all expenses incident thereto as a tax against the property, may carry this tax on the regular tax rolls, and may collect this tax in the same manner as real estate taxes are collected. Monies in the revolving fund established by § 6-711.01(b)(1) shall be available to cover the costs of correcting life-or-health threatening conditions. If an accounting is made in accordance with, and subject to, § 47-1340(f), any amounts assessed and collected as a tax against real property under this section shall be deposited to the credit of the revolving fund.
(Mar. 1, 1899, 30 Stat. 923, ch. 323, § 5; Aug. 22, 1964, 78 Stat. 600, Pub. L. 88-486, § 5; Mar. 10, 1983, D.C. Law 4-205, § 4, 30 DCR 188; Oct. 5, 1985, D.C. Law 6-42, § 472(a), 32 DCR 4450; June 9, 2001, D.C. Law 13-305, § 508(c), 48 DCR 334.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 5-605.
1973 Ed., § 5-505.
Effect of Amendments
D.C. Law 13-305 rewrote the last sentence of subsec. (b) which prior thereto read: "Any amounts assessed and collected as a tax against real property pursuant to this section shall be deposited to the credit of the revolving fund."
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 8(c) of the Real Property Tax Clarity and Litter Control Administration Temporary Amendment Act of 2001 (D.C. Law 14-8, June 13, 2001, law notification 48 DCR 5916).
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 8(c) of Real Property Tax Clarity and Litter Control Administration Emergency Act of 2001 (D.C. Act 14- 22, March 16, 2001, 48 DCR 2706).
Legislative History of Laws
For legislative history of D.C. Law 4-205, see Historical and Statutory Notes following § 6-804.
Law 6-42, the "Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985," was introduced in Council and assigned Bill No. 6-187, which was referred to the Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on June 25, 1985, and July 9, 1985, respectively. Signed by the Mayor on July 16, 1985, it was assigned Act No. 6- 60 and transmitted to both Houses of Congress for its review.
Law 13-305, the "Tax Clarity Act of 2000", was introduced in Council and assigned Bill No. 13-586, which was referred to the Committee on Finance and Revenue. The Bill was adopted on first and second readings on October 3, 2000, and November 8, 2000, respectively. Signed by the Mayor on December 13, 2000, it was assigned Act No. 13-501 and transmitted to Both Houses of Congress for its review. D.C. Law 13-305 became effective on June 9, 2001.
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.
(a) Any tax authorized to be levied and collected under § 6-804, may be paid without interest within 60 days from the date such tax was levied. Interest of 20% per annum shall be charged on all unpaid amounts from the expiration of 60 days from the date such tax was levied. Any such tax may be paid in 3 equal installments with interest thereon. If any such tax or part thereof shall remain unpaid after the expiration of 2 years from the date such tax was levied, the property against which said tax was levied may be sold for such tax or unpaid portion thereof with interest and penalties thereon at the next ensuing annual tax sale conducted pursuant to § 47-1301 in the same manner and under the same conditions as property sold for delinquent general real estate taxes, if said tax with interest and penalties thereon shall not have been paid in full prior to said sale.
(b) For taxes authorized to be levied and collected under this chapter in accordance with §§ 6-801 and 6-803, the provisions of § 47-1205(b) and (c) shall apply.
(Mar. 1, 1899, 30 Stat. 923, ch. 323, § 6; Aug. 22, 1964, 78 Stat. 600, Pub. L. 88-486, § 5; Apr. 23, 1977, D.C. Law 1-128, § 4, 23 DCR 9692; Aug. 9, 1986 D.C. Law 6-135, § 14(f), 33 DCR 3771; Apr. 9, 1997, D.C. Law 11-198, § 201, 43 DCR 4569.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 5-606.
1973 Ed., § 5-506.
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 201 of Fiscal Year 1997 Budget Support Temporary Amendment Act of 1996 (D.C. Law 11-226, April 9, 1997, law notification 44 DCR 2584).
Emergency Act Amendments
For temporary (90-day) amendment of section, see § 201 of the Fiscal Year 1997 Budget Support Emergency Act of 1996 (D.C. Act 11-302, July 25, 1996, 43 DCR 4181); § 201 of the Fiscal Year 1997 Budget Support Emergency Amendment Act of 1996 (D.C. Act 11-429, October 29, 1996, 43 DCR 6151), and § 201 of the Fiscal Year 1997 Budget Support Congressional Adjournment Emergency Amendment Act of 1997 (D.C. Act 12-2, February 19, 1997, 44 DCR 1590).
Legislative History of Laws
For legislative history of D.C. Law 1-128, see Historical and Statutory Notes following § 6-804.
Law 6-135, the "Homestead Housing Preservation Act of 1986," was introduced in Council and assigned Bill No. 6-168, which was referred to the Committee on Housing and Economic Development. The Bill was adopted on first and second readings on May 27, 1986, and June 10, 1986, respectively. Signed by the Mayor on June 13, 1986, it was assigned Act No. 6-173 and transmitted to both Houses of Congress for its review.
Law 11-198, the "Fiscal Year 1997 Budget Support Act of 1996," was introduced in Council and assigned Bill No. 11-741, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on June 19, 1996, and July 3, 1996, respectively. Signed by the Mayor on July 26, 1996, it was assigned Act No. 11-360 and transmitted to both Houses of Congress for its review. D.C. Law 11-198 became effective on April 9, 1997.
Miscellaneous Notes
Application of Law 11-198: Section 1001 of D.C. Law 11-198 provided that titles I, II, III, V, and VI and §§ 405 and 406 of the act shall apply after September 30, 1996.
(a) Any notice required by this chapter to be served shall be deemed to have been served when served by any of the following methods: (1) when forwarded to the last known address of the owner as recorded in the real estate assessment records of the District of Columbia, by registered or certified mail, with return receipt, and such receipt shall constitute prima facie evidence of service upon such owner if such receipt is signed either by the owner or by a person of suitable age and discretion located at such address; provided, that valid service upon the owner shall be deemed effected if such notice shall be refused by the owner and not delivered for that reason; (2) when delivered to the person to be notified; (3) when 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 or employed therein; (4) if no such residence or place of business can be found in the District of Columbia by reasonable search, then if left with any person of suitable age and discretion employed at the office of any agent of the person to be notified, which agent has any authority or duty with reference to the land or tenement to which said notice relates; (5) if any such notice forwarded by registered or certified mail be returned for reasons other than refusal, or if personal service of any such notice, as hereinbefore provided, cannot be effected, then if published on 3 consecutive days in a daily newspaper published in the District of Columbia; or (6) if by reason of an outstanding unrecorded transfer of title the name of the owner in fact cannot be ascertained beyond a reasonable doubt, then if served on the owner of record in a manner hereinbefore provided. Any notice to a corporation shall, for the purposes of this chapter, be deemed to have been served on such corporation if served on the president, secretary, treasurer, general manager, or any principal officer of such corporation in the manner hereinbefore provided for the service of notices on natural persons holding property in their own right, and notices to a foreign corporation shall, for the purposes of this chapter, be deemed to have been served if served personally on any agent of such corporation, or if left with any person of suitable age and discretion residing at the usual residence or employed at the usual place of business of such agent in the District of Columbia.
(b) In case such notice is served by any method other than personal service, a copy of such notice shall also be sent to the owner by ordinary mail.
(Mar. 1, 1899, 30 Stat. 923, ch. 323, § 5; Apr. 5, 1935, 49 Stat. 107, ch. 41; Aug. 22, 1964, 78 Stat. 600, Pub. L. 88-486, § 6.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 5-607.
1973 Ed., § 5-507.
Whenever the Mayor finds that any building or part of a building, staging, or other structure, or anything attached to or connected with any building or other structure or excavation shall cause a building to be unsafe for human occupancy, he shall give notice of such fact to the owner or other person having an interest in such building, and to the occupant or occupants thereof. If, within 5 days after such notice has been served upon such owner or other interested person, such building or part thereof has not been made safe for human occupancy, the Mayor may order the use of such building or part thereof discontinued until it has been made safe; provided, that if in the opinion of the Mayor the unsafe condition of the building or part thereof is such as to be imminently dangerous to the life or limb of any occupant, the Mayor may order the immediate discontinuance of the use of such building or part thereof. Any person occupying, or permitting the occupancy of, such building or part thereof in violation of such order of the Mayor shall be fined not more than $300 or imprisoned for not more than 30 days. Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction by any person occupying, or permitting the occupancy of, a building or part thereof in violation of the order of the Mayor, pursuant to Chapter 18 of Title 2. Adjudication of any infraction shall be pursuant to Chapter 18 of Title 2.
(Mar. 1, 1899, 30 Stat. 923, ch. 323, § 8; Aug. 22, 1964, 78 Stat. 601, Pub. L. 88-486, § 8; Oct. 5, 1985, D.C. Law 6-42, § 472(b), 32 DCR 4450.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 5-608.
1973 Ed., § 5-508.
Legislative History of Laws
For legislative history of D.C. Law 6-42, see Historical and Statutory Notes following § 6-805.
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.
