| AN ACT IN THE COUNCIL OF THE DISTRICT OF
COLUMBIA To prevent, on an emergency basis, the demolition of historic structures by
neglect through the establishment of minimum maintenance standards for historic
properties.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as
the "Prevention of the Demolition of Historic Buildings by Neglect Emergency
Amendment Act of 1998".
Sec. 2. An Act To authorize the Commissioners of the District of Columbia to remove
dangerous or unsafe buildings and parts thereof, and for other purposes, approved March 1,
1899 (30 Stat. 923; D.C. Code §5-601 et seq.) is amended to read as follows:
(a) Section 1 (D.C. Code §5-601) is amended by adding new subsections (a-1) and (a-2)
to read as follows:
"(a-1) If the unsafe building or structure is an historic landmark or is located
in an historic district, as those terms are defined in section 3(e) and (f) of the
Historic Landmark and Historic District Protection Act of 1978, effective March 3, 1979
(D.C. Law 2-144, D.C. Code §5- 1002(5) and (6)), the Mayor shall not order or cause the
building or structure or portion thereof to be removed or taken down, unless the Mayor
determines, in consultation with the staff of the State Historic Preservation Officer,
that: (1) there is an extreme and immediate threat to public safety resulting from unsafe
structural conditions; and (2) the unsafe condition cannot be abated by shoring,
stabilizing, or securing the building or structure.
"(a-2) If the subject building is an historic landmark or is located within an
historic district, as those terms are defined in section 3(e) and (f) of the Historic
Landmark and Historic District Protection Act of 1978, effective March 3, 1979 (D.C. Law
2-144, D.C. Code _ 51002(5) and (6)), the Mayor shall not order the removal of the
structure unless the Mayor determines that there is an extreme and immediate threat to the
safety and welfare of the general public resulting from unsafe structural conditions. In
instances where unsafe structural conditions have been identified in these buildings, and
structures the Mayor shall require the owner to make the building or structure safe and
secure in accordance with the provisions of subsection (a) of this section." .
(b) Section 2 (D.C. Code §5-602) is amended by designating the existing text as
subsection (a) and adding- a new subsection (b) to read as follows:
"(b) If the subject building is an historic landmark or is located within an
historic district, as those terms are defined in section 3(e) and (f) of the Historic
Landmark and Historic District Protection Act of 1978, effective March 3, 1979 (D.C. Law
2-144; D.C. Code §5-1002(5) and (6)), the Mayor shall include as a 4th member of the
board an architect or historic architect who meets the professional qualifications defined
in federal regulations, 36 CFR Part 61, App. A(c) and (d). For the purposes of compliance
with this subsection, the Mayor may designate a representative of the State Historic
Preservation Of ficer, as defined in the federal regulations. ".
(c) Section 3 (D.C. Code §5-603) is amended by designating the existing text as
subsection (a) and adding a new subsection (b) to read as follows:
"(b) If the subject building is an historic landmark or is located within an
historic district, as those terms are defined in section 3(e) and (f) of the Historic
Landmark and Historic District Protection Act of 1978, effective March 3, 1979 (D.C. Law
2-144; D.C. Code §5-1002(5) and (6)), the Mayor shall not require the removal of the
structure unless the Mayor determines that there is an extreme and immediate threat to the
safety and welfare of the general public resulting from unsafe structural conditions. In
determining whether an extreme and immediate threat exists, the Mayor shall give great
weight to the recommendations of the survey conducted in compliance with section 2.".
Sec. 3. The Historic Landmark and Historic District Protection Act of 1978, effective
March 3, 1979 (D.C. Law 2-144; D.C. Code §§5-1001 through 5-1015), is amended as
follows:
(a) Section 3 (D.C. Code §5-1002) is amended by adding a new subsection (c-1) to read
as follows
"(c-l) "Demolition by neglect" means neglect in maintaining, repairing,
or securing an historic landmark or a building or structure in an historic district that
results in deterioration of an exterior feature of the building or structure or the loss
of the structural integrity of the building or structure.".
(b) New sections 5a and 5b are added to read as follows:
"Sec. 5a. Preservation of building and structure exterior.
"(a) The owner of an historic landmark or a contributing building or structure
within an historic district or within a proposed historic district shall comply with all
applicable codes, laws, and regulations governing the maintenance of property. It is the
intent of this section to preserve from deliberate or inadvertent neglect the exterior
features of buildings and structures designated as contributing or significant, and the
interior portions thereof when such maintenance is necessary to prevent deterioration and
decay of the exterior. All such buildings or structures shall be preserved against decay
and deterioration and free from structural defects through prompt corrections of any of
the following defects:
"(1) Facades which may fall and injure persons or property;
"(2) Deteriorated or inadequate foundation, defective or deteriorated flooring or
floor supports, deteriorated walls or other vertical structural supports;
"(3) Members of ceilings, roofs, ceiling and roof supports or other horizontal
members which sag, split or buckle due to defective material or deterioration
"(4) Deteriorated or ineffective waterproofing of exterior walls, roofs,
foundations, or floors, including broken windows or doors;
"(5) Defective or insufficient weather protection for exterior wall covering,
including lack of paint or weathering due to lack of paint or other protective covering;
or
"(6) Any fault or defect in the building which renders it not properly watertight
or structurally unsafe.
"(b) Any owner who fails to maintain their building or structure in compliance
with this section shall be subject to the remedial procedures of section 5b and the
penalties set forth in section 11.
"Sec. 5b. Owner required to make repairs; assessment of costs.
"Upon a finding by the Mayor that an historic landmark or a contributing building or
structure within a historic district or within a proposed historic district is threatened
by demolition by neglect, the Mayor may do either of the following:
"(1) Require the owner to repair all conditions contributing to demolition by
neglect; or
"(2) If the owner does not make repairs within a reasonable period of time, the
Mayor or his agents may enter the property and make repairs which are necessary to prevent
demolition by neglect. The costs of these repairs shall be charged to the owner, and may
be levied by the District of Columbia as a special assessment against the property. The
Mayor or his agents may enter the property to enforce the provisions of this section upon
obtaining an order from the Superior Court of the District of Columbia.".
Sec. 4. This act shall apply to all pending special merit applications for permits to
raze an historic landmark building or structure, or buildings or structures located in an
historic district as those terms are defined in section 3(e) and (f) of the Historic
Landmark and Historic District Protection Act of 1978, effective March 3, 1979 (D.C. Law
2-144; D.C. Code §§5-1002(5) and (6)).
Sec. 5. This act shall have no fiscal impact.
Sec. 6. 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) and 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)), and shall remain
in effect for no longer than 90 days, as provided for emergency acts of the Council of the
District of Columbia in section 412(a) of the District of Columbia Home Rule Act, approved
December 24, 1973 (87 Stat. 788; D.C. Code §1-229(a)).
Linda W. Cropp
Chairman
Council of the District of Columbia
DEEMED APPROVED WITHOUT SIGNATURE UPON EXPIRATION OF THE 10-DAY MAYORAL REVIEW PERIOD.
NOT SIGNED
Mayor
District of Columbia
September 17, 1998 |
