(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).
CREDIT(S)
(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.