§ 6–803. Unsafe structure or excavation -- Failure of owner to make safe.

Whenever a responsible party to whom notice has been provided pursuant to § 6-801(d) refuses or neglects to abate the unsafe structure or excavation within the time period specified by the notice, upon expiration of that time period, the Mayor shall proceed to make the structure or excavation safe as authorized by § 6-801(d)(2), and the responsible party shall not enter, or send anyone to enter, the premises to:

(1) Make repairs;

(2) Remove or take down the structure; or

(3) Interfere in any way with the authorized agents of the District taking action to make the structure or excavation safe, including by removing or taking down the structure, without first having obtained the written consent of the Mayor to enter the premises.

(Mar. 1, 1899, 30 Stat. 923, ch. 323, § 3; Apr. 5, 1935, 49 Stat. 106, ch. 41; Aug. 22, 1964, 78 Stat. 599, Pub. L. 88-486, §§ 1, 3; Apr. 27, 2001, D.C. Law 13-281, § 102(c), 48 DCR 1888; Apr. 19, 2002, D.C. Law 14-114, § 102, 49 DCR 1468; Oct. 19, 2002, D.C. Law 14-213, § 12(2), 49 DCR 8140; May 18, 2016, D.C. Law 21-118, § 3(c), 63 DCR 4645.)

Prior Codifications

1981 Ed., § 5-603.

1973 Ed., § 5-503.

Section References

This section is referenced in § 6-806 and § 47-1205.

Effect of Amendments

D.C. Law 13-281 designated subsec. (a) and added subsec. (b).

D.C. Law 14-114, in subsec. (a), substituted “structure, except for a deteriorated structure under subchapter II of Chapter 31C of Title 42, or excavation,” for “structure or excavation,”.

D.C. Law 14-213 validated previously made technical corrections.

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.