Evening star. [volume] (Washington, D.C.) 1854-1972, 1901-07-24
A SOLUTION SUGGESTED
REGULATION GOVERNING PROPERTY
OWNED By NON-REs1DENTs.
A Problem That Has Caused Concern
to District OmmissiOners to
Be Elucidated.

The District Commissioners today re-
ceived an opinion from A. 3. Duvall. the at
torney for the District, on the subject of
the abatement of nuisances which consti
tute menace to the public health and
which exist on property owned by nom
residents. The problem of reaching the
responsible parties in such cases is one
which has caused the District authorities
some concern recently.
accompanying his opinion. Mr.. Duvall
forwards to the Commissioners the draft of
regulation for promptly abating the null
sonce by the proper authorities If the per-
son notified fails to do SO; and without
notice where there Is no occupant or
where the nuisance arises from structural
defects and the owner cannot be found
within the District.
In this draft" says the attorney, 81
have used the term .i..san!tary condition
In addition to nuisance, because it is used
in the regulations of April %, 1897 OF
course more complete remedy in the
case of absent owners would be to make
the cost of abatement of the nuisance a
che rye by way of assessment upon the
property but I am of the opinion that the
Commissioners are without authority to
make such charge lien upon the prop
erty under existing law
In order to accomplish that desirable eff
feet, however, the attorney forwards the
draft of a bill on the subject, to be SUBJ
mitted to Congress. The proposed bill pro-
vtdes that If any other of real property in
the District of Columbia shall neglect or
refuse to abate nuisance thereon or caus-
ed thereby. when required to do so, in ac-
cordance with the police or health regula-
tions, the health officer may proceed to
abate the nuisance, and the cost of the
abatement may be recovered by the Dis
trict agains. such owners. If the owner
be a resident it is provided that the recov-
cry shall be through an action in assump-
sit In court of oQuuetapt iuriSdictipp
and In the case of nonresident owners the
cost shall be assessed a tax upon the
real property upon which the nuisance ex-
listed or which caused the nuisance, and
shall be carried on the regular tax roll of
the District Of Columbia and collected in
the manner provided fer the collection Of
general taxes The proposed bill provides
for the proper advertising Of the tax. etc.
Terms of Proposed Regulation.
The draft Of the proposed health resula-
ton on the subject Of nuisances. to be
adopted by the Commissioners. makes it
the duty Of the health officer to cause all
complaints Of nuisances or insanitary con-
ditions to be investigated. and empowers
the inspectors OF the department to enter
any premises for the purposes Of the in
spection. If the health officer shall ind
after inspection, that the abatement of the
nuisance or the condition is necessary for
the public comfort or health, he is directed
to serve printed notice upon the persons by
whose acts or negligence the nuisance vas
CT ca ted, to abate the same within twenty
four hours or such reasonable time as the
circumstances point. If there is no occu-
pant. the notice Is to be served upon the
owner.
The regulation will further provide that
1t shall be the duty of the owners, in cases
OF structural defects, or the occupants in
case Of negligence, to abate the nuisance
II they refuse the health officer Is author
OF 70 a af 70
the nuisance. In the case Of non-residents
1t is provided that the health officer shall
keep strict account of the cost of the
abatement which shall be collected from
the owner, when ascertafned. and jurisdic-
ton of him. or Of his property, can be had
The act will relieve no one Of any penal
liability under other regulations on the
general subject of nuisances
1t is believed, however. as the attorney
suggests, that the best remedy lies in the
bill which it is proposed to submit to
Congress and which makes the cost of the
abatement of nuisance assessabie against
and lien on the property.
Case in Point.
The attorneys opinion was rendered in
reference to the abatement Of an alleged
nuisance in the cellar OF premises at 1910
street northwest. in connection with no
tice which had been sent by mail to Martha
A. Keys. the owner. at Linden. Nd. The
inquiry was as to whether or not proceed
ings in the case could be taken under the
old health ordinances.
1t was found upon examination Of these
ordinances that they did not apply to the
case, and Mr.. Duvau so advised the Com
miSsoners, giving his views upon the ex-
listing common law remedies. In that opin-
ion it was suggested that a general regula-
ton might be framed to better effect the
remedy for future like cases than to resort
to the common law proceeding. The mat
ter was, therefore, again referred to him
for the preparation Of such regulation.