Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-08-20
Amendment to Building Regulations
Limiting Their Construction.
CONSENT OF HOUSE OWNERS REQUIRED
Order Proposed by Building In
pector Approved by Attorney.
L EXT OF REGULATION

property owners and residents in the
neighborhood of bill boards will be glad
TO learn that the Commissioners have at
last promulgated a building regulation
which will restrict these boards and con-
hne them in a large measure to the bus
iress portion of the city,
Inc new regulation, which was promul-
gated today. limits the height of any fence
to ten teet, ard permits that height only
upon the written consent of the adjoin-
Ing property owners on both sides of the
fence, as well as the permission of the in
spector of buildings.
1t reads in full as follows:
Fences.
Sec. So. All partition or party fences
shall be kept in good and sufficient repair
by proprfetors of the ground on each side
at their joint expense: Provided The
ground on each side shall be incIosed, used
or occupied; and If any person whose duty
II shall be to make or keep in good repair
any renee or part of a fence shall neglect
or refuse to do SO for five days after re-
quest being made by the other party in
terested, or his agent then it shall be law
1ul Tor the party so making the request,
as aforesaid, to make or repair the whole
renee, or part of the fence and to recover
one-half of the expense thereof from the
person so refusing or neglecting: Provid-
go. also, That no fence erected under the
authority of these regulations shall he
less than five nor more than seven feet N
height, except by consent of the parties
fntert sted on both sides of such fence and
the permission of the inspector of LuiId-
1ngs, and no front or rear fence shall be
more than ten feet in height.
Its Necessity Urged.
1t has been some months since the in
spector of buildings called the attention
OF the Commissioners to the necessity of
an amendment to the regulations which
would effectualy stop the erection of these
b1llboards or restrict their construction in
sueh manner as to reduce the objection
caused by them to a minimum.
When the unSightly and mammoth hill
BOARD was erected at Thomas Circle this
matter was brought forcibly to the atten-
ton OF the Commissioners The property
owners and residents in the immediate te
neiShborhood protested vigorously against
the board. and did everything in their
power to bring about its removal 1t was
learned at that time that the building de-
partment had not issued any permit for
the fence, and, further there was no regu-
latlOn which restricted the height of a
renee on the building line of street. Until
the fence became rotten or unsafe MAX
ing IL dangerous to the public the District
officials were powerless to act.
building Inspectors Idea,
1t was at this time that Building In
spector Brady came forward with a draft
Of a regulation designed as an amendment
to the regulations. which he thought would
successfully put a stop to the erection of
the obnoxious fences. His idea was to
make the party applying for such priv
tleSe first file with the inspector of build
lngs the written consent of the adjoining
property owners, together with a majority
OF the property owners on the same side
OF the street or avenue in the square upon
which the fence is to be erected as we'll as
majority of the property owners of the
confronting side of the square or squares,
the limit of the height of the fence being
placed in all cases at 10 feet
This was entirely satisfactory to the
Commissioners, and steps were taken to
put the same into immediate operation.
Advice of Attorney Asked.
The attention of the attorney for the
District was called to the matter and his
advice asked as to the legality of the pro-
posed amendment. 1t has recently been
learned that he advised against the amend
ment. holding it was Objectionable to the
extent that it required the consent of ad-
joining property owners to the use of a
fence for bill posting, as going beyond the
scope of a police regulation and interfer-
Ing with the right of private property
He advised the Commissioners how to
frame such regulation without trans
crossing the rights of private parties and
the regulation above quoted is the result
thereof.