Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-12-02
ABATIN G NUISANCES
TO INCREASE
POWER OF COMMISSIONERS.
District Authorities to Correct Evils
Neglected by Property Owners
After Due Notice.

Commissioner Mcfarland today recon-
mended to his associates on the board OF
District Commissioners that Congress be
asked to pass a bill calculated to strengthen
the powers of the District authorities rela-
tive to the abatement of nuisances, espe-
>cially in cases where the owners of prop
erty in question are non-residents and out
side the Jurisdiction of the District author
tiles. The District government. and the
health office in particular, Is continually re-
ceivng complaints of nuisances from resi-
dents of the city. and in some cases, where
the owners of the property are non-resl-
dents. the authorities find themselves I'M
able to compel the abatement of the Objec-.
tionable conditions.
The legislation proposed by COMMISSIONS.
Macfarand. with the exception OF changes
in the wording, Is similar to the bill which
passed the House of Representatives last
January. but on account OF the lack OF
time the Senate was unable to dispose Of
the matter. The text of the bill provides
that whenever the owner of any real prop
erty in the District of Columbia shall Iall
or refuse, after the service of reasonable
notice in the manner hereinafter provided,
to correct any condition which exists on or
has arisen from such property in violation
of law or of any regulation made by au-
thority of law, with the correction of which
condition said owner is by law or by said
regulation chargeable, or to show cause,
sufficient in the Judgment of the Commits
sioners of said District why he should not
be required to correct such condition, then
and in that instance. the Commissioners or
the District OF Columbia may, and they are
hereby authorized to, cause such condition
to be corrected; assess the cost OF correct
ing such condition and all expenses incident
thereto dncluding the cost of publication,
IL any, hereinafter provided for) as a tax
against the property on which such cond1-
ton existed or from which such cond ION
arose, as the case may be; and carry such
tax on the regular tax rolls OF said DlstrIct,
and collect such tax in the same manner as
general taxes in said District are collected
Provision for Prosecution.
Provided. That the correction of any con-
dition by the Commissioners under author
ity of this section shall not relieve the
owner of the property on which such condi-
ton existed. from which such condi-
ton arose. from criminal prosecution and
punishment for having caused or allowed
such unlawful condition to arise or for
having failed or refused to correct the
same.
Sec. .. That for the purpose Of carrying
into effect section one of this act the Com
miSS;onerS of the District of Columbia and
all other persons, including contractors and
employees of contractors acting under their
authority by their direction. be, and
they are Hereby, authorized to enter upon
and into any lands and tenements in the
District during all rea Sonable hours, to in
spect the same and to do whatever may be
necessary to coirect.in good and workman
like manner, any condition that exists on or
has arisen from such lands or tenements
in violation of law. with the correction of
which condition the owner of said lands
tenementS is by law such regulation
chargeable. Any person who shall hinder,
interfere with, or prevent any inspection or
work authorized by this act shall, upon
conviction thereof, Sbe punished by fine
not exceeding one hundred dollars, or by
Imprisonment for a period not exceeding
three months. or by both such fine and i'm
prisonment. in the discretion of the court.
Sec. 3. That for the purposes of this act
any notice required by law or by any regu-
lation to be served shall be deemed to have
been served If delivered to the person to be
notified or if left with any adult person at
the usual residence or place of business of
the person to be notified in the District of
Columbia; or, If no such residence or place
of business can be found in said District by
reasonable search. if left with any adult
person at the office of any agent of the per-
son to be notified, which agent has any au-
thority Or duty with reference to the land or
tenement to which said notice relates; or If
no such office can be found in said District
by reasonable search. if forwa. ded by regis
tered mail to the last known address of
the person to be notified and not returned
by the post Office authorities: or. if no ad-
dress be known or can by reasonable dill
gence be ascertaned. or If any notice for
warded as authorized by the preceding
clause of this section, be returned by the
post office authorities. IL published on three
consecutive days in a daily newspaper pub
lished in the District of Columbia: or, IL by
reason of an outstanding, unrecOrded trans
fer of title the name of the owner in fact
cannot be ascertained beyond reasonable
doubt, II served on the owner of record in
the manner hereinbefore in this section pro-
vided.
Regarding Service.
Any notice required by law or by any
regulation aforesaid to be served on a
corporation shall for the purpose of the act
be deemed to have been served on any such
corporation if served on the president, sec
rotary. treasurer. general manager or any
principal officer of such corporation in the
manner hereinbefore provided for the serv-
Ice of notices OH natural persons holding
property in their own right; and, if re-
CURED to be served on any foreign corpora
ton. If served on any agent of such corpo-
ration personally, or IL left with any adult
person at the usual residence or place of
business of such agent in the District OF
Columbia. Every notice aforesaid shall be
writing or printing. or partly in writing
and partly In printing; shall be addressed
by name to the person to be notified; shall
describe with certainty the character and
location of the unlawful condition to be
corrected. and shall allow reasonable
time to be specified In said notice within
which the person notified may correct such
unlawful condition show cause why he
should not be required to do SO.
1t Is provided in section that all acts