An Act to amend the Act entitled ""An Act to authorize the Commissioners of the District of Columbia to remove dangerous or unsafe buildings and parts thereof, and for other purposes"", approved March 1, 1899, as amended
PL 88-486 (H.R.7441), enacted 08/22/1964

78 STAT. ] 
PUBLIC LAW 88-486-AUG. 22, 1964 
599 
Public Law 88-486 
AN ACT 
August 22, 1964 
To amend the Act entitled "An Act to authorize the Commissioners of the 
[H. R. 7441] 
District of Columbia to remove dangerous or unsafe buildings and parts 
thereof, and for other purposes", approved March 1, 1899, as amended. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America 
in Congress assembled^ That the Act 
unskfe struc-
entitled "An Act to authorize the Commissioners of the District of ture"!^repair"oT 
Columbia to remove dangerous or unsafe buildings and parts thereof, removal. 
and for other purposes", approved March 1, 1899 (30 Stat. 923, as 
amended; title 5, ch. 5, D.C. Code, 1961 edition), is amended by strik- 
^9 stat. 105. 
ing the term "inspector of buildings" wherever such term appears 
therein and inserting in lieu thereof "Commissioners". 
The first 
sentence of the first section of such Act, as amended, is amended by 
striking "his opinion" and inserting in lieu thereof "their opinion" 
and by striking "he shall" and inserting in lieu thereof "thev shall'-. 
SEC. 2. The first section of such Act, as amended (sec. 5-501, D.C. J^y,<>^^^^^-'°^-
(yode, 1961 edition), is amended by adding at the end thereof the 
following: 
"The term 'Commissioners' means the Commissioners of the District 
of Columbia sitting as a board or the agent or agents designated by 
them to perform anv function vested in said Commissioners by this 
Act." 
SEC. 3. Section 3 of such Act, as amended (sec. 5-503, D.C. Code, 
1961 edition), is amended by striking the third sentence therefrom. 
SEC. 4. Section 4 of the Act of March 1, 1899 (30 Stat. 923), as JuthoHty for 
amended (sec. 5-504, D.C. Code, 1961 edition), is hereby amended (a) removal. 
by inserting " ( a ) " immediately after "SEC. 4"; (b) by inserting "any 49 stat. 107. 
dead, dangerous, or diseased tree, or part thereof," after "excavation," 
in the first sentence; (c) by striking "excavation," in the second 
sentence and inserting in lieu thereof "excavation, or any dead, dan-
gerous, or diseased tree, or part thereof,"; (d) by striking ", parts 
thereof or miscellaneous accumulation of material or debris" in such 
second sentence and inserting in lieu thereof "or parts thereof, any 
miscellaneous accumulation of material or debris, or any dead or dan-
gerous tree, or part thereof, or the removal or spraying of any diseased 
tree"; (e) by striking from the second sentence "bear interest at the 
rate of 10 per centum per annum until paid, and be carried on the 
regular tax rolls of the District of Columbia and shall be collected in 
the manner provided for the collection of general taxes" and inserting 
in lieu thereof "be collected in the manner provided in section 6 of 
^''"' P* ^°°-
this Act"; (f) by adding at the end of such section 4(a) the following 
sentence: "Withm the meaning of this section, a dead tree shall be any 
tree with respect to which the Commissioners of the District of Colum-
bia or their designated agent have determined that no part thereof is 
living; a dangerous tree is any tree or part thereof, living or dead, 
which the said Commissioners or their designated agent shall find is in 
such condition and is so located as to constitute a danger to persons or 
property on public space in the vicinity of such tree; and a diseased 
tree shall be anj^ tree on private property in such a condition of infec-
tion from a major pathogenic disease as to constitute, in the opinion 
of the said Commissioners or their designated agent, a threat to the 
health of any other tree.", and (g) by adding at the end thereof the 
following new subsection : 
"(b) The authority conferred on the Commissioners under subsec-
tion (a) with respect to the removal of dangerous and diseased* trees 
constituting a nuisance shall be exercised by the Commissioners only 
31-667 0-65—41 
penses 
600 
PUBLIC LAW 88-486-AUG. 22, 1964 
[78 STAT. 
after every reasonable effort has been made to abate such nuisance 
other than by the removal of any such tree, or part thereof." 
^ll\ ^""^ ^^' 
SEC. 5. Such x\.ct, as amended, is amended by inserting the 
following sections immediately after section 4, reading as follows: 
"SEC. 5. The Commissioners shall determine the cost and expense 
of any work performed by them under the authority of the first four 
sections of this Act, including the cost of making good damage to 
adjoining premises (except such as may have resulted from careless-
ness and willful recklessness in the demolition or removal of any 
structure) less the amount, if any, received from the sale of old 
material, and shall assess such cost and expense upon the lot or ground 
whereon such structure, excavation, or nuisance stands, stood, was 
dug, was located, or existed, and this amount shall be collected in the 
manner provided in section 6 of this Act. 
Any person, corporation, 
partnership, syndicate, or company subject to the provisions of the 
first three sections of this Act who shall neglect or refuse to perform 
any act required by such sections shall be punished by a fine not 
exceeding $50 for each and every day said person, corporation, part-
nership, syndicate, or company fails to perform any act required by 
such sections. 
Taxes, payment. 
"SEC. 6. Aiij tax autliorizcd to be levied and collected under this 
Act may be paid without interest within sixty days from the date such 
tax w^as levied. 
Interest of one-half of 1 per centum for each 
month or part thereof shall be charged on all unpaid amounts from 
the expiration of sixty days from the date such tax was levied. 
Any 
such tax may be paid in three equal installments with interest thereon. 
If any such tax or part thereof shall remain unpaid after the expira-
tion of two years from the date such tax was levied, the property 
against which said tax was levied may be sold for such tax or unpaid 
portion thereof with interest and penalties thereon at the next ensuing 
annual tax sale in the same manner and under the same conditions as 
property sold for delinquent general real estate taxes, if said tax with 
interest and penalties thereon shall not have been paid in full prior to 
said sale." 
SEC. 6. Section 5 of such Act, as amended (s^c. 5-505, I).(\ Code, 
49 Stat. 107. 
1961 edition), is renumbered "SEC. 7." and is amended to read as 
follows: 
"SEC. 7. (a) Any notice required by this Act to be served shall be 
deemed to have been served when served by any of the following 
methods: (1) When forwarded to the last known address of the 
owner as recorded in the real estate assessment records of the District 
of Columbia, by registered or certified mail, with return receipt, and 
such receipt shall constitute prima facie evidence of service upon such 
owner if such receipt is signed either by the owner or by a person of 
suitable age and discretion located at such address: Provided, That 
valid service upon the owner shall be deemed effected if such notice 
shall be refused by the owner and not delivered for that reason; or 
(2) when delivered to the person to be notified; or (3) when left at 
the usual residence or place of business of the person to be notified 
with a person of suitable age and discretion then resident or employed 
therein; or (4) if no such residence or place of business can be found 
in the District of Columbia by reasonable search, then if left with any 
person of suitable age and discretion employed at the office of any 
agent of the person to be notified, which agent has any authority or 
duty with reference to the land or tenement to which said notice 
relates; or (5) if any such notice forwarded by registered or certified 
mail be returned for reasons other than refusal, or if personal service 
of any such notice, as hereinbefore provided, cannot be effected, then 
if published on three consecutive days in a daily newspaper published 
Service of 
notice. 
78 STAT. ] 
PUBLIC LAW 88-4e7-AUG. 22, 1964 
601 
in the District of Columbia; or (6) if by reason of an outstanding 
unrecorded transfer of title the name of the owner in fact cannot be 
ascertained beyond a reasonable doubt, then if served on the owner 
of record in a manner hereinbefore provided. Any notice to a corpo-
ration shall, for the purposes of this Act, be deemed to have been 
served on such corporation if served on the president, secretary, 
treasurer, general manager, or any principal officer of such corpora-
tion in the manner hereinbefore provided for the service of notices on 
natural persons holding property in their own right, and notices to 
a foreign corporation shall, for the purposes of this Act, be deemed 
to have been served if served personally on any agent of such corpo-
ration, or if left with any person of suitable age and discretion 
residing at the usual residence or employed at the usual place of 
business of such agent in the District of Columbia. 
"(b) In case such notice is served by any method other than per-
sonal service, a copy of such notice shall also be sent to the owner by 
ordinary mail." 
SEC. 7. Such Act, as amended, is amended by inserting a new sec-
tion immediately after section 7, as renumbered by this amendatory 
Act, reading as follows: 
"SEC. 8. Whenever the Commissioners find that any building or part unsafe btdid- °^ 
of a building, staging, or other structure, or anything attached to or ings, authority. 
connected with any building or other structure or excavation shall 
cause a building to be unsafe for human occupancy, they shall give 
jiotice of such fact to the owner or other person having an interest in 
such building, and to the occupant or occupants thereof. If within five 
days after such notice has been served upon such owner or other in-
terested person, such building or part thereof has not been made safe 
for human occupancy, the Commissioners may order the use of such 
l)uilding or part thereof discontinued until it has been made safe: 
Provided^ That if in the opinion of the Commissioners the unsafe con-
dition of the building or part thereof is such as to be imminently 
dangerous to the life or limb of any occupant, the Commissioners may 
order the immediate discontinuance of the use of such building or part 
thereof. Any person occupying, or permitting the occupancy of, such 
l)uilding or part thereof m violation of such order of the Commis-
sioners shall be fined not more than $300 or imprisoned for not more 
than thirty days." 
SEC. 8. Section 6 of such Act, as amended, is renumbered "SEC. 9." ^^ ^^^^' ^°^-
Approved August 22, 1964. 
Public Law 88-487 
AN ACT 
To promote the economic and social development of the Trust Territory of the 
[H. R. 3198] 
Pacific Islands, and for other purposes. 
Be H enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That section 1 of the 
'^"""^^ Territory 
Act of June 30,1954 (68 Stat. 330; 48 U.S.C. 1681), is hereby amended blinds'!"""' 
by inserting at the end thereof the following new subsection (b) and 
Assistance pro-
by designating the existing section as subsection (a) : 
grams. 
"(b) The head of any department, corporation, or other agency 
of the executive branch of the Government may, upon the request of 
the Secretary of the Interior, extend to the Trust Territory of the 
Pacific Islands, with or without reimbursement, scientific, technical, 
and other assistance under any program administered by such agency, 
or extend to the Trust Territory any Federal program administered by