The Washington times., 1902-03-20
BELIEVES OLD HOUSES
SHOULD ]COME down
City Solicitor Recommends
Move to Commissioners.
PROTESTS AGAINST NUISANCE
Files an Opinion With District Authori-
ties-Can Abate Nuisance When Dan
gerous to Health and Life of Persons in
Vicinity.

The City Solicitor, Mr. A. B. Duvall, has
handed to the District Commissioners an
opinion upon letter written by Mr..
Burrell Edmonds protesting against a
nuisance due to the condition of buildings
on Quander Place southeast. This matter
was brought to the attention of the City
Solicitor at the instance of the Inspector
of Buildings, who requested authority to
demolish the structures named in the in
terests of public health
The report Of the inspector was to the
effect that he was unable to locate the
owner or agent to serve notice accord
ing to law.
1t appears that the premises COM
planned of consist of four old houses un-
der which there is a 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
14O of the building regulations.
Mr.. Duvall quotes this section and re-
marks that it does not appear to have
for its object proceeding for the con-
demnation of dangerous buildings, but is
addressed TO the prevention of the exten-
sive improvement of frame buildings
within the fire limits
The Building Regulations.
There are other provisions in the
building regulations says Mr.. Duvall,
'in regard to dangerous buildings and
their removal; namely, sections II to is
inclusive, which provide that if upon in
spection the buildings are found to be
dangerous, notice is TO be served re-
quiring the same to be made safe and
secure or removed as the inspector may
deem necessary. under certain penalties,
and providing for an appeal to the Com
missioners. who shall appoint commits
sion to determine thet question at issue.
Finally by section 16 Authority is given
to the Inspector Of Buildings to direct
the Fire Department to tear down such
buildings.
"All the provisions. however, contem-
plate and require notice to be served up
on the owner or occupant or agent or les
see. as the case may be. A proceeding
under said sections without such notice
as therein required would be irregular
and unlawful. st-t.
Empowered to Act.
81 am of the opinion that in the alb
sence of any specific regulation on the
subject, the proper authorities of the
District are authorized 40 l.abate such a
nuisance as that here eacompIained of il
it be dangerous to the health and lives of
ha .i,;p rha
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.
THE act of Congress approved March
l. 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 to be unsafe, and IL,
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 to be made
safe and secure. In cases where the pub
lie safety requires immediate action. the
Inspector of Buildings is authorized to
eHtGi uPoH inc pi picHioeo' Win SucH WI n
men and assistants as may be necessary,
and cause the unsafe structure to be
shored up, taken down, or otherwise Sc
cured without delay. and to put up
proper boarding or fence for the protec-
tion of those passing by.
The Public Safety.
"It does not appear from the reports
in the case whether such immediate ac-
tion is necessary for the public safety.
but If 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 person upon whom
NAV he served