The evening times. [volume] (Washington, D.C.) 1895-1902, 1902-03-19

Mr 4 r. Duvau. the CITY Solicitor. has
submitted TO the District Commissioner
an opinion upon communication from
Mr.. Burrel Edmouds complaining Of the
existence OF a nuisance caused by the
condition Of certain buildings located
between lis and 40 Quander Place
southeast. The matter was brought 10
the attention of the solicitor for instruc-
lions as TO the authority OF the Commits
sioners to remove these dilapidaed build
ings in view OF the inability OF the In
spector Of Buildings 20 locate responsible
Swner OF agent Of them.
II appears that the premises com
planned OF consist Of four old houses IN
ser which there is quantity OF water.
According to the report submitted by the
Inspector OF Buildings neither the owner
nor the agent can be found. He reports
that the houses are uninhabitable and
that their dilapidated condition exceeds
one half OF the original value, and he
recommends that the property be con
demned under the provision of section
10 Of the building regulations.
Mr.. Duyau quotes this section and re-
marks that il does not appear TO have
AAA is 1ulDLA a llUEENuLlA EtlI TIE EDM-
demnation Of dangerous buildings, but is
addressed to the prevention OF the extern
sive Improvement Of frame buildings
within the FIRE limits.
The Building Regulations.
''There are other provisions in the
building regulations" says Mr. Duyal.
in regard to dangerous buildings and
their removal; namely. sections II to 16
inclusive. which provide that II upon in
spection the buildings are found TO be
dangerous, notice Is 20 be served re
curing the same TO be made safe and
secure or removed. as the inspector may
deem necessary. under certain penalties.
and providing for an appeal 20 the Com
missioners, who shall appoint a commits
sion TO determine the question at issue.
Finally by section IS authority is given
20 the Inspector OF Buildings TO direct
the Fire Department to tear down such
buildings.
"Au the provisions. however. contem-
plate and require notice 20 be served up
on the owner OF occupant OF agent or les
see. as the case may be. A proceeding
under said sections ". thOut such notice
as therein required woIld be irregular
and unlawful
Empowered co Act.
Il am OF the opinion that in the alb
sence OF any specific regulation en- the
subject. the proper az thorities OF the
District are authorized to abate slch a
nuisance as that here complained Of IL
II be dangerous to the health aid lives Of
persons IN the vicinity. The authority
to abate the nuisance. however. would be
limited TO such acts as would be reason
ably necessary to protect the public life
comfort, or health, and any destruction
of property beyond what may be reason
ably necessary TO accomplish this pur-
pose would be unlawful
'''fhe act OF Congress approved March
1, 1899. entitled An act TO authorize the
Commissioners Of the District OF Columbia
to remove dangerous or unsafe buildings
and parts thereof provides for an exami-
nation by the Inspector OF Buildings of
any building reported 70 be unsafe and, IT,
in his opinion. the same be unsafe he
shall Immediately notify the owner. agent.
or other person having an interest in said
structure to cause the same 10 be made
safe and secure. In cases where the pub
lie safety requires immediate action the
Inspector OF Buildings is authorized to
enter upon the premises. with such work
men and assistants as may be necessary,
and cause the unsafe structure % be
shOred up, taken down, or otherwise Sc
cured without delay. and 10 put up a
proper boarding or fence for the prOtec-
tion OF those passing by.
The Public Safety.
at does not appear from the reports
IN the case whether such immediate ac-
ton is Necessary for the public safety
but II such be the fact, the nuisance could
be abated under this law; otherwise this
law offers no remedy, because there does
not appear TO be any pr son upon whom
notice may be served.
"All existing laws aud regulations ap-
pear to be insufficient 10 reach a case
like this. where the agent Is unknown
except the clause above referred 70. where
public safety requires immediato action.
Il am informed that a draI, or a bill
Is about 70 be presented TO Congress
which would cover a case Ike this"