Whenever the Mayor finds that any building or part of a building, staging, or other structure, or anything attached to or connected with any building or other structure or excavation shall cause a building to be unsafe for human occupancy, he shall give notice of such fact to the owner or other person having an interest in such building, and to the occupant or occupants thereof. If, within 5 days after such notice has been served upon such owner or other interested person, such building or part thereof has not been made safe for human occupancy, the Mayor may order the use of such building or part thereof discontinued until it has been made safe; provided, that if in the opinion of the Mayor the unsafe condition of the building or part thereof is such as to be imminently dangerous to the life or limb of any occupant, the Mayor may order the immediate discontinuance of the use of such building or part thereof. Any person occupying, or permitting the occupancy of, such building or part thereof in violation of such order of the Mayor shall be fined not more than $300 or imprisoned for not more than 30 days. Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction by any person occupying, or permitting the occupancy of, a building or part thereof in violation of the order of the Mayor, pursuant to Chapter 18 of Title 2. Adjudication of any infraction shall be pursuant to Chapter 18 of Title 2.

CREDIT(S)

(Mar. 1, 1899, 30 Stat. 923, ch. 323, § 8; Aug. 22, 1964, 78 Stat. 601, Pub. L. 88-486, § 8; Oct. 5, 1985, D.C. Law 6-42, § 472(b), 32 DCR 4450.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications
1981 Ed., § 5-608.
1973 Ed., § 5-508.
Legislative History of Laws
For legislative history of D.C. Law 6-42, see Historical and Statutory Notes following § 6-805.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

Whenever the Mayor finds that any building or part of a building, staging, or other structure, or anything attached to or connected with any building or other structure or excavation shall cause a building to be unsafe for human occupancy, he shall give notice of such fact to the owner or other person having an interest in such building, and to the occupant or occupants thereof. If, within 5 days after such notice has been served upon such owner or other interested person, such building or part thereof has not been made safe for human occupancy, the Mayor may order the use of such building or part thereof discontinued until it has been made safe; provided, that if in the opinion of the Mayor the unsafe condition of the building or part thereof is such as to be imminently dangerous to the life or limb of any occupant, the Mayor may order the immediate discontinuance of the use of such building or part thereof. Any person occupying, or permitting the occupancy of, such building or part thereof in violation of such order of the Mayor shall be fined not more than $300 or imprisoned for not more than 30 days. Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction by any person occupying, or permitting the occupancy of, a building or part thereof in violation of the order of the Mayor, pursuant to Chapter 18 of Title 2. Adjudication of any infraction shall be pursuant to Chapter 18 of Title 2.

CREDIT(S)

(Mar. 1, 1899, 30 Stat. 923, ch. 323, § 8; Aug. 22, 1964, 78 Stat. 601, Pub. L. 88-486, § 8; Oct. 5, 1985, D.C. Law 6-42, § 472(b), 32 DCR 4450.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications
1981 Ed., § 5-608.
1973 Ed., § 5-508.
Legislative History of Laws
For legislative history of D.C. Law 6-42, see Historical and Statutory Notes following § 6-805.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.