Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-12-25
Commissioners Forward Sug-
gestions to Senate.
AS TO UNSAFE BUILDINGS
Want Definite Time Limit Fixed for
Removal of Structures.
PERSONNEL OF SURVEY BOARD
Protection of Uncovered Walls and
Cisterns-Relief of officials From
Civil Liability.

The Commissioners have forwarded to
Senator Galinger. chairman OF the Sem
ate District committee. the draft Of n bill
i'm reference to the removal of dangerous
and unsafe buildings Or parts thereof. 1t
Is explained that the bill provides for the
re-enactment of an old law with certain
changes regarded az necessary.
The principa changes suggested are as
follows:
TO state more definitely the time with
in which the owner OF an unsafe structure
shall be allowed to remove it or to make
il safe. The present law Is very ambigu-
Gus on this point.
TO also state more definitely the char
acter Of the men who shall serve as
members of the board of survey provided
I'm the law to pass on the safety OF
structure where the owner appeals from
the decision of the inspector of build
ings 1t has been the practice Of owners
who are allowed to select member OF
this board Of survey to select a man who
is neither architect. engineer nor
builder of experience. and is otherwise
incompetent to serve on such a board.
1t is proposed 10 require that member
of such board Of survey selected by the
owner shall be an architect. engineer or
builder of at least ten years experience.
Selection by Owner.
the owner may make his selection of the
member Of such board OF survey. Ex-
perience has shown that unless this time
is limited the owner may delay action,
and thus jeopardize the safety of the
public.
A method is provided for selecting the
third member of the board. The draft
OF law provides that one member shall
be appointed by the Commissioners and
one designated by the owner. and that
these two members shall select third
member.
1t has happened that there has been
a disagreement between these two
members as to who shall be selected as
third member. and it is proposed in
ease of such a disagreement that the
third member be selected by the United
states marshal Of the District OF CO.
lumba. II the owner refuses or neg
lects to appoint member of the board
of survey, or if the man selected by him
fails or neglects to meet the other
member of the board, it is provided
that the board of survey shall consist
of the inspector OF buildings and the
person appointed by the Commissioners
and in case of a disagreement as to the
measures to be taken these two persons
shall choose third member of the
board and a determination of ma jor-
ity Of the board shall be final.
Time and Place Of Meeting.
The proceedings OF the board as to the
time and place Of meeting and the char
acter of the report that it shall make
IL also defined. The present law is silent
on the subject of the time and place of
meeting, and the reports which have here
tofore been made by such boards have
not been definite enough to determine
what measures should he taken to secure
the safety of the building.
The method of Inc DaVmeNt of the mem
bers Of the board for their Services is
also better defined, and it is also provided
that in case the decision OF the board
should be adverse to the owner he shall
bear the expense, and in case the de-
cision is adverse to the District of Co.
iumbia the expense shall be borne by the
District of Column ia.
The old law provides for the payment of
the compensation of the board of survey.
but does not contain provision that the
owner shall bear the expenses Of an adj
verse decision. The consequence has been
that an owner will appeal in every case
as it costs him nothing to do So and I'M
necessary and unwarranted delay in the
removal of dangerous and unsafe build
ings has been thus caused. If the owner
Is required to pay these expenses he will
only make his appeal in cases where he
feels it justifiable and is willing to bear
the expense in case his judgment in the
matter is overruled.
Service Of Notice.
The manner OF service of notice is
placed on more legal basis so that the
proceedings can not be upset by the
courts for a failure to secure proper
service OF notice on the owner.
There was a provision in the old law
with reference to the protection Of un-
covered wells. cisterns. etc. which was
not germane to the law. and as this has
heen covered by subsequent legislation it
is not proposed to re-enact this section
Provision has also been made in the law,
with the advice Of the corporation counsel
Ia relieve the inspector of buildings or
those employed by him in removing dan
Serous buildings from any civil liability
for their action under the law. and the la "
also provides ample opportunity for an
owner or other interested person on whom
4 notice regarding an unsafe building or
structure has been served for a hearing
before the board o. survey.
In Case Of Danger.
1t is also provided that In the case of
imminent danger to the public from an
unsa fe building or structure the inspector
"f buildings shall take immediate action
10 make the building safe and to employ
the necessary labor and purchase the
necessary materials for the purpose out
az such Appropriation may be avail
able and the cost OF such work, it is
provided shall be assessed against The
lot Or parcel OF ground on which the I'M
safe structure is located. this assessment
I" be collected in the same manner as
general taxes are collected in the Dis
trict Of Columbia
\ penalty is provided for any person
N" shall attempt TO prevent hinaer or
delay the inspector Of buildings or those
working under his direction in carving
out The provisions OF the law. this penalty
icing FIR" not 20 sxoo<I 500 or impris-
onment not to exceed one year. or both.
IN the discretion OF the court