Title 6. Housing and Building Restrictions and Regulations. - Chapter 8. Unsafe Structures. - § 6-803. Unsafe structure or excavation--Failure of owner to make safe.


Published: 2002

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§ 6-803. Unsafe structure or excavation--Failure of owner to make safe.

  • Current through October 23, 2012

(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.