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Building Habitability Condemnation Authorization Amendment Act of 1998
Bill 12-613

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Councilmember Charlene Drew Jarvis

A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

Councilmember Charlene Drew Jarvis introduced the following bill which has been referred to the Committee on Consumer and Regulatory Affairs.

To amend An Act To create a board for the condemnation of insanitary buildings in the District of Columbia, and for other purposes to authorize the Mayor to examine the condition of buildings for habitability as well as sanitary conditions and, where buildings are found to be unhabitable or unsanitary, to require that they be made habitable and sanitary or be demolished and removed.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Building Habitability Condemnation Authorization Amendment Act of 1998".

Sec. 2. An Act To create a board for the condemnation of insanitary buildings in the District of Columbia, and for other purposes, approved May 1, 1906 (34 Stat. 157; D.C. Code §5-701 et seq.), is amended as follows:

(a) Section 1 (D.C. Code §5-701) is amended as follows:

(1) The existing text is designated as subsection (a).

(2) The first sentence of the newly designated subsection (a) is amended as follows:

(A) By striking the phrase "authorized to examine into the sanitary conditions" and insert the phrase "authorized to examine into the habitability and sanitary conditions" in its place;

(B) By striking the phrase "such insanitary condition" and insert the phrase "such uninhabitable and insanitary condition" in its place; and

(C) By striking the phrase "cause all buildings to be put into sanitary condition or to be demolished and removed" and insert the phrase "cause all buildings to be put into habitable and sanitary condition or to be demolished and removed" in its place.

(3) The third sentence of the newly designated subsection (a) is amended by striking the phrase "into the sanitary condition of any building" and inserting the phrase "into the habitability and sanitary condition of any building" in its place.

(4) A new subsection (b) is added to read as follows:

"(b) As used in this act, the terms "uninhabitable" or "uninhabitability", means the condition of being in an unlivable condition due to deterioration and infestation, improper maintenance, decaying structures, insufficient light or ventilation, inadequate plumbing, defective electrical system, general filthy conditions that may cause health and safety concerns for the public, or that becomes a fire hazard or public nuisance.".

(b) Section 2 (D.C. Code §5-702) is amended as follows:

(1) Subsection (a)(l) is amended by striking the phrase "examine into the sanitary condition of buildings in the District of Columbia, to determine which such buildings are in such insanitary condition as to endanger the lives or health of the occupants thereof or of persons living in the vicinity" and insert the phrase "examine into the habitable and sanitary condition of buildings in the District of Columbia, to determine which such buildings are in such uninhabitable and insanitary condition as to endanger the lives or health of the occupants thereof or of persons living in the vicinity" in its place.

(2) Subsection (a)(2) is amended by striking the phrase "sanitary condition of the building" in the first sentence and inserting the phrase "habitable and sanitary condition of the building" in its place.

(c) Section 3 (D.C. Code §5-703) is amended as follows:

(1) Strike the phrase "sanitary condition" wherever it appears and insert the phrase "habitable or sanitary condition" in its place.

(2) Strike the phrase "insanitary condition" wherever it appears and insert the phrase "uninhabitable or insanitary condition" in its place.

(d) Section 5 (D.C. Code §5-705) is amended by striking the phrase "insanitary condition" both places where it appears and inserting the phrase "uninhabitable or insanitary condition" in their places.

(e) Section 7(a) (D.C. Code §5-707(a)) is amended by striking the phrase "insanitary condition" both places where it appears and inserting the phrase "uninhabitable or insanitary condition" in their places.

(f) Section 15 (D.C. Code §5-715) is amended by striking the phrase "insanitary condition" and insert the phrase "uninhabitable or insanitary condition" in its place.

(g) Section 18(a)(1) (D.C. Code §5-718(a)(1)) is amended by striking the phrase "insanitary condition" and inserting the phrase "uninhabitable or insanitary condition" in its place.

Sec. 3. This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), approval by the Financial Responsibility and Management Assistance Authority as provided in section 203(a) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995, approved April 17, 1995 (109 Stat. 116; D.C. Code §47-392.3(a)), a 30-day period of Congressional review as provided in section 602(e)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Code §1- 233(e)(1)), and publication in the District of Columbia Register.

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