Evening star., 1899-03-22
PROVIDED WITH A REMEDY
Commissioners Authorized to Use Emergency
Fund in Certain Contingency.
Question of Enforcing the Law
Against Unsafe BuildinGs-Opin-
ion by Attorney Thomas.

Until the passage of the act of Con-
gress authorizing the Commissioners of
the District to remove dangerous or
unsafe buildings and parts thereof, it
is stated, the only penalty attaching
to the owner, lessee or agent OF a
dangerous or unsafe structure for failure
to remove the same or secure it was a fine
Of not less than 81 nor more than 800 for
each offense. The act of March 1, 1S99 pro-
vides additional penalty in the shape OF
directions to the Commissioners to have the
dangerous or unsafe building removed or So
cured and to assess the cost thereof upon
the lot of ground on which the structure
stands or stood. Unless the assessment is
paid within ninety days from the service Of
the notice of such assessment on the agent
or owner Of the property the assessment
shall bear interest at the rate Of 10 per cent
per annum until paid and shall be collected
ss general taxes are collected in the Dis
trict
This last mentioned penalty is also provid-
ed in addition to a fine not exceeding s2o
for each day of default. where the owner
of an uninclosed lot or parcel Of land In the
city or its more densely populated suburbs
allows the continuance, after f1ve days no.
tice to ahate the same, of an uncovered
well, cistern, dangerous hole or eXcaVauon'
Funds Not Provided.
Unfortunately, Congress provided no funds
by which the Commissioners can remove or
secure buildings or fill up the uncovered
wells. etc. This situation of affairs was
brought to the attention of the Commission
ers recently by Mr.. John B. Brady, the Dis
trict inspector of buildings, in a case where
he condemned a certain wall as dangerous
and ordered the owner of the building, Thos.
G. Jones, to secure 1t by underpinning It,
Mr. Jones having neglected to secure the
wall for some reason, Mr.. Brady suggested
that the work be done by the District, the
cost thereof to be met out Of the emergency
fund, in view of the failure of Congress to
specifically provide for the outlay.
The matter was referred to the attorney
for the District for an opinion as to whether
the emergency fund can be used for such
purposes. In his reply, rendered few
days ago, the Commissioners legal adviser
holds that this fund may be used for the
purpose.
The Attorneys View.
His opinion is as follows: II have duly
considered the two letters of Mr.. Thomas
G. Jones of $50 Sumner street northwest,
In reply to notices to underpin the wall of
his house adjoining the alley, made neces-
sary by a change in grade of alley, which,
with reports thereon by the inspector of
buildings, YOU have referred to me for
action.
This case is governed by the act of Con-
gress approved March l, 1899, to authorize
and unsafe buildings. BY the first section
of that act, If any building be unsafe the
inspector of buildings shall examine it, and
if found unsafe it is made his duty to i'm
mediately notify the owner, agent or other
person interested to cause the building to
be made safe etc. Said act further pro-
vides that in case of neglect or refusal of
the owner, agent or other person interested
to cause the building to be taken down or
otherwise be made safe the inspector shall
proceed either to make the building safe or
to take it down, and shall report the cost
of the work to the Commissioners, who
are authorized to assess the amount there
of against the lot of ground on which the
unsafe structure stands or stood.
The Inspectors Duty.
MY opinion is Mr.. Jones. having failed
after notice to make the wall of his build
ing on the alley safe, the inspector should
proceed under the statute to do it, and re-
port the cost of the work to the Commits
sioners.
THE act above referred to carries no ap-
preparation to execute it's provisions, but
the emergency fund may be used. the case
falling within the language and in all
cases of emergency not otherwise sufficient
ly provided for contained in the District
of Columbia appropriation bill in regard TO
the use of that fund
Since the rendering of this opinion Mr..
Jones has informed Mr.. Brady that he will
have the wall secured as directed, and he
will, therefore, be permitted to do the work.
The opinion of the attorney, however,
places the Commissioners in a position to
carry out the provisions of the act of
March l, 1S99 pending a specific appropria-
ton by Congress. Such appropria ton
will, it Is understood, be recommended by
the Commissioners in the District appro-