Chapter 1626. To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District, and for other purposes
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CHAP. 1626.— An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District, and for other purposes. April 14, 1906. [[H. R. 4461](/us/bill/34/hr/4461).] [[Public, No. 101](/us/pl/34/101).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, District of Columbia.Abatement of nuisances on failure of owner. That whenever the owner of any real property in the District of Columbia shall fail 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 authority 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 Commissioners of said District, why he should Duty of Commissioners.not be required to correct such condition, then, and in that instance, the Commissioners of the District of Columbia may, and they are hereby Property taxed for costs.authorized to, cause such condition to be corrected; assess the cost of correcting such condition and all expenses incident thereto (including the cost of publication, if any, hereinafter provided for) as a tax against the property on which such condition existed or from which such condition arose, as the case may be; and carry such tax on the regular tax rolls of said District, and collect such tax in the same *Proviso.*Owners not exempt from criminal prosecution, etc.manner as general taxes in said District are collected: *Provided, *That the correction of any condition aforesaid by said Commissioners under authority of this section shall not relieve the owner of the property on which such condition existed, or from which such condition 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. 115 Sec. 2.
That for the purpose of carrying into effect section one ofInspection, etc. this Act the Commissioners of the District of Columbia and all other persons, including contractors and employees of contractors acting under their authority or by their direction, be, and they are hereby, authorized to enter upon and into any lands and tenements in said District, during all reasonable hours, to inspect the same and to do whatever may be necessary to correct, in a good and workmanlike manner, any condition that exists on or has arisen from such lands or tenements in violation of law or of any regulation made by authority of law, with the correction of which condition the owner of said lands or tenements is by law or such regulation chargeable.
Any personResisting inspection. who shall hinder, interfere with, or prevent any inspection or work authorized by this Act shall, upon conviction thereof, be punished by aPenalty. line not exceeding one hundred dollars or by imprisonment for a period not exceeding three months, or by both such tine and imprisonment, in the discretion of the court. Sec. 3. That for the purposes of this Act any notice required byNotice to owner. law or by any regulation aforesaid to be served shall be deemed to have been served
(a)if delivered to the person to be notified, or if 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 therein; or
(b)if no such residence or place of business can be found in said District by reasonable search, if left with any person of suitable age and discretion employed therein 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,
(c)if no such office can be found in said District by reasonable search, if forwarded by registered mail to the last known address of the person to be notified and not returned by the post-office authorities; or,
(d)if no address be known or can by reasonable diligence be ascertained, or if any notice forwarded as authorized by the preceding clause of this section be returned by the post-office authorities, if published on threePublication. consecutive days in a daily newspaper published in the District of Columbia; or,
(e)if by reason of an outstanding, unrecorded transfer of title the name of the owner in fact can not be ascertained beyond a reasonable doubt, if served on the owner of record in the manner hereinbefore in this section provided. Any notice required by lawNotice to corporations. or by any regulation aforesaid to be served on a corporation shall for the purposes of this Act be deemed to have been served on any such corporation if served on the president, secretary, treasurer, general manager, or any principal officer of such corporation in the manner hereinbefore provided for the service of notices on natural persons holding property in their own right; and, if required to be served on any foreign corporation, if served on any agent of such corporation personally, or if left with any person of suitable age and discretion residing at the usual residence or employed at the place of business of such agent in the District of Columbia. Every notice aforesaid shallWritten or printed notice. be in 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 a reasonable time to be specified in said notice, within which the person notified may correct such unlawful condition or show cause why he should not be required to do so. Sec. 4. That all Acts and parts of Acts inconsistent with this ActRepeat. be, and the same are hereby, repealed. Approved, April 14, 1906.