(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.
CREDIT(S)
(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.