Evening star., 1902-03-19
Question Affecting Property
of Non-Residents.
SOLICITORS OPINION
ACTS REASONABLY NECESSARY
ARE AUTHORIZED BY LAW.
The Removal Of Dangerous or I'm
safe" Buildings Where Service of
!. Notice is Impracticable.

| The District Commissioners have received
| from the city solicitor. Mr.. A b. Duvall,
| an opinion communication of Burrel
| Edmonds complaining Of the existence of a
| nuisance created by the condition of GER
| tain premises located between 11S and 40
Quander place southeast, together with the
| reports of the health inspector showing the
| cordition of the premises. The inquiry is
| as to whether, in view of the inability to
| get service on the owner or agents Of the
! premises in question, there is any author
| ity in the Commissioners to remove these
| dilapidated buildings described in the re-
| ports Of the inspector.
1t is stated that the premises complained
| OF consist of four old dilapidated houses,
under which there is quantity Of water
Neither the owner nor agent of the property
can be located, and the houses are unoccu-
| pied
lapidated condition of each house exceeds
| oEe-half Of it's original value. and he rec
| commended that the property be condemned
IN accordance with section 40 of the build
| ing regulations which provides:
Every wooden or frame building within
| the IRE limits, with a brick other 'front.'
| which may hereafter be damaged to an ex-
tent not greater than one-half of the value
| thereof. exclusive of the valuation of it's
| fourdation at the time of such damage, may
| be repaired or rebuilt; but if such damage
shall amount to more than one-half of such
ta!ue thereof, exclusive of the value of the
| foundation. then such building shall not be
repaired or rebuilt. but shall be torn down
me amount and extent Of such damage
snail be determined upon the examination
| o. the building by the inspector of buildings
| or one Of his assistants"
Relates to Improvements Only.
''This section" says the solicitor, docs
not appear to have for its object proceed
| ing for the condemnation Of dangerous
buildings. but is addressed to the preven-
ton of the extensive improvement of frame
| buildings within the fire limits.
There are other provisions in the build
! ing regulations In regard to dangerous
buildings and their removal, viz, sections
| IL to 16, inclusive, which provide that If
| upon inspection the buildings are found to
| be dangerous, notice is to be served reauir-
| ing the same to be made safe and secure
| or removed, as the inspector may deem
| necessary. etc. under certain penalties;
and providing for an appeal to the Commis-
| sioners, who shall appoint a commission to
| determine the question at issue. And, final
| ly, by section is authority is given the in
| spector Of buildings to direct the fire de-
partment to tear down such buildings
"All the provisions, however, contemplate
| and require notice to be served upon the
! owner or occupant, or agent or lessee,
"A
| sections without such notice as therein re-
| quired would be irregular and unlawful
Authorized to Abate Nuisance.
ion Of March "a, 1901, 1 am of the opinion
| that. in the absence Of any specific regu-
| latfon on the subject. the proper authorities
| of the District are authorized to abate such
| a nuisance as that here complained of, if it
be dangerous to the health or lives of per-
sons in the vicinity
1.-The authority to abate the nuisance,
| however, would be limited to such acts as
| would be reasonably necessary to protect
| the public life, comfort or health, and any
| destruction of property beyond what may
be reasonably necessary to accomplish this
purpose would be unlawful.
1.-The act of Congress approved March 1,
1890, entitled An act to authorize the Com
| missioners Of the District of Columbia to
| remove dangerous unsafe buildings and
| parts thereof, and for other purposes pro-
! vides for an examination by the inspector
| of buildings Of any building reported to be
unsafe, and If, in his opinion, the same be
unsafe, he shall Immediately notify the
I owner, agent or other person having an in
terest in said structure to cause the same
| to be made safe and secure.
1T is further provided by said act that
| in a case where the public safety requires
| immediate action the inspector Of build
| ings may enter upon the premises, with
| such workmen and assistants as may be
| ture to be shored up, taken down or other
wise secured without delay, and d proper
| fence or boarding to be put up for the pro-
| lection of passersby
Under Certain Contingencies.
"It does not appear from the reports in
this case whether such immediate action is
required for the public safety, but If such
be the fact the nuisance could be abated
| under this law, otherwise this law affords
no remedy, because there does not appear
to be any person upon whom notice may
be served.
All existing laws and regulations appear
to be insufficient to reach a case where the
owner or agent is unknown, except the
clause above referred to-where the public
safety requires immediate action.
II am informed, however, a draft Of bill
| is about to be presented to Congress whicn
would cover such a case as this"
Favorable Report Made.
The bill referred to by the solicitor has
| been favorably reported to the Commission
ers by the health officer. DR.. Woodward.
II 10 Conofa hfl1 2Ca1 crao t3no oor,r,Se