§ 10-1181.02. Unsafe Structure in Public Space; inspection; owner to remove or secure; District action.

Current through October 23, 2012

(a) Whenever any private structure on public space or in the public right of way is observed by or reported to the Department as unsafe, the Director may examine such structure and if, in the Director's opinion, the structure is unsafe, the Director may immediately notify the owners of all properties abutting the structure or other persons having a property interest in the unsafe structure of this unsafe condition.

(b) The notice shall direct the person to whom it is issued to either make safe and secure, repair, or to remove, as may be necessary, that portion of the unsafe private structure that abuts the property of the owner, agent, or other person having a property interest in the structure or show cause, sufficient to the Director, why the person should not be required to take corrective action.

(c) A person so notified shall be allowed until 12:00 noon of the day following the service of such notice to commence the securing, repairing, or removing of the portion of the unsafe private structure identified in the notice as being the responsibility of the owner, agent, or other person. A person so notified shall employ sufficient labor to remove or repair the structure as expeditiously as can be done.

(d) Where the public safety requires immediate corrective action, the Director may cause the unsafe structure to be shored up, taken down, or otherwise secured without delay, and may install a fence or boarding for the protection of the public. The Director shall provide an opportunity for review of the corrective action taken without prejudice to the Director's authority to take and complete remedial action if it is determined to be necessary.

(e) If the owner takes corrective action to secure or repair the unsafe private structure as required by this chapter, the Director shall provide the owner with notice, as provided for in this chapter if additional remedial repairs are determined to be necessary to restore the private structure and the public space to a safe condition.

(f) Notice required by chapter shall be deemed to have been served if the person or an authorized agent is notified by personal service or by registered mail sent to the person's last known address and by the conspicuous posting of the notice on the unsafe private structure. If the person or person's address is unknown or the person fails to accept service either personally or by registered mail, then notice is deemed served upon the person by the posting of a copy of the notice in a conspicuous place on the person's property that abuts the unsafe private structure.

                
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(Dec. 7, 2004, D.C. Law 15-205, § 6023, 51 DCR 8441.)

HISTORICAL AND STATUTORY NOTES

Emergency Act Amendments

For temporary (90 day) addition, see § 6023 of Fiscal Year 2005 Budget Support Emergency Act of 2004 (D.C. Act 15-486, August 2, 2004, 51 DCR 8236).

For temporary (90 day) addition, see § 6023 of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 (D.C. Act 15-594, October 26, 2004, 51 DCR 11725).

Legislative History of Laws

For Law 15-205, see notes following § 10-1181.01.