Page:United States Statutes at Large Volume 49 Part 1.djvu/151

 106 74m CONGRES S. SESS. I. CH. 41. APRIL 5, 1935. Ex cava tio n. connected with any building or other structure or excavation, shall, from any cause, be reported unsafe, the inspector of buildings shall examine such structure or excavation, and if, in his opinion, the Notice to owner. same be unsafe, he shall immediately notify the owner, agent, or other persons having an interest in said structure or excavation, to cause the same to be made safe and secure, or that the same be p Time allowed to re- removed, as may be necessary. The person or persons so notified shall be allowed until 12 o'clock noon of the day following the service of such notice in which to commence the securing or removal of the same ; and he or they shall employ sufficient labor to remove or secure the said building or excavation as expeditiously as can Pro viso. be done : Provided, however, That in a case where the public safety requires immediate action the inspector of buildings may enter upon the premises, with such workmen and assistants as may be neces- sary, and cause the said unsafe structure or excavation to be shored up, taken down, or otherwise secured without delay, and a proper fence or boarding to be put up for the protection of passersby. Failure to comply pair. " with notice to repair . SEC. 2 . That when the public safety does not, in the judgment of the inspector of buildings, demand immediate action, if the owner, agent, or other party interested in said unsafe structure or excavation, having been notified, shall refuse or neglect to comply Bo ard of survey to be with the requirements of said notice within the time specified, then appointed . a careful survey of the premises shall be made by three disinter- ested persons, one to be appointed by the Commissioners of the District of Columbia, one by the owner or other person interested, Report of. and the third to be chosen by these two, and the report of said Service of copy. survey shall be reduced to writing, and a copy served upon the owner or other interested party ; and if said owner or other inter- ested party refuse or neglect to appoint a member of said board of survey within the time specified in said notice, then the survey shall be made by the inspector of buildings and the person chosen by the Commissioners, and in case of disagreement they shall choose a third person, and the determination of a majority of the three so chosen shall be final. Refusal to comply " SEC . 3 . That w henever the report of a ny such surv ey shall with board's report. declare the structure or excavation to be unsafe, or shall state that structural repairs should be made in order to place the said structure or excavation in a fit condition for further occupancy or use, and the owner or other interested person shall for ten days neglect or refuse to cause such structure or excavation to be taken down or Inspector of build- otherwise to be made safe, the inspector of buildings shall proceed ings to perform work . t o make such structure or excavation safe or remove the same . After Interf erenc e by the expiration of the ten days in which the owner or other inter- owner. ested person is given to make the structure or excavation safe, or to be taken down or removed, the owner or other interested person, having failed to comply with the provision of the report of the board of survey, shall not enter, or cause to be entered, the premises for the purpose of making the repairs ordered, or razing the build- ing, as the case may be ; or in any other way to interfere with the authorized agents of the District of Columbia in making the said structure or excavation safe, or in removing same, without first having obtained the written consent of the Commissioners of the ass essm ent of cost. District of Columbia or their duly authorized representatives. The inspector of buildings shall report the cost and expense of said work to the Commissioners of the said District, who shall assess the amount thereof upon the lot or ground whereon such structure or excavation stands, or stood, or was dug, and unless the said assess- ment is paid within ninety days from the service of notice thereof on the agent or owner of such property, the same shall bear interest