Page:United States Statutes at Large Volume 49 Part 1.djvu/152

 74 TH CONGRESS. SESS. I. CII. 41 . APR IL 5, 1935 . 107 at the rate of 10 per centum per annum from the date of such assess- me nt until paid, a nd shall be coll ected as general taxes are coll ected in said District ; but said assessment shall be without prejudice to the righ t which the owner may have to recover from any lessee or other person liable for repairs. " SEc. 4. That the existence on any lot or arcel of land in the Unc overed we ll, es- P cavation, etc ., declared District of Columbia, of any uncovered well, cistern, dangerous nuisance. hole, excavation, or of any abandoned vehicles of any description or Abandoned vehicle, parts thereof, miscellaneous materials or debris of any kind, includ- debris, etc' ing substances that have accumulated as the result of repairs to yards or any building operations, insofar as they affect the public health, comfort, safety, and welfare is hereby declared a nuisance danger- ous to life and limb, and any person, corporation, partnership, syn- dicate, or company, owning a lot or parcel of land in said District on which such a nuisance exists who shall neglect or refuse to abate Penalty for failure to th e same to th e sati sfacti on of the Co mmissi oners of the Distr ict abate . of Columbia, after five days' notice from them to do so, shall, on conviction in the police court be punished by a fine of not exceeding $5 0 for each a nd eve ry day said person, corp oratio n, par tnersh ip, or syndicate, fails to comply with such notice. In case the owner Re medi al act ion by of, or agent or other party interested in, any lot or parcel of land in Comm iss ione rs. the District of Columbia, on which there exists an open well, cistern, da ngerou s hole or ex cavati on, or any a bandon ed or unused vehic les or parts thereof, or miscellaneous accumulation of material or debris wh ich affe cts publ ic safet y, healt h, comfo rt, and welfare, shall fail, after notice aforesaid, to abate said nuisance within one week after the expiration of such notice, the said Commissioners may cause the lot or parcel of land on which the nuisance exists to be secured by fences or otherwise enclosed, and the removal of any abandoned vehicles, parts thereof or miscellaneous accumulation of material or debris adversely affecting the public safety, health, comfort, and welfare, and the cost and expense thereof shall be assessed by said Asse ssment of costs. Commissioners as a tax against the property on which such nuisance Interest rate. exists, and the tax so assessed shall 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. " SEC . 5 . That for the purposes of this Act any notice required Notice ; service of . by 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 re sident t herein ; or (b) if no such residenc e or pla ce of bu siness can be found i n said D istrict by reaso nable se arch, if left w ith 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 rea- sonable search, if forwarded by registered mail to the last knowit 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 three consecutive days in a daily news- paper 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 cannot be ascertained beyond a reasonable doubt, if served on the owner of record in the manner hereinbefore in this section