| Councilmember Sharon Ambrose A BILL IN THE
COUNCIL OF THE DISTRICT OF COLUMBIA
Councilmember Sharon Ambrose introduced the following bill, which was referred to the
Committee on Consumer and Regulatory Affairs
To prevent the demolition of historic structures by neglect through the establishment
of minimum maintenance standards for historic properties in the District of Columbia.
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 Amendment Act of
1999".
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
as follows: (a) By adding a new subsection l(a-l) (D.C. Code §5-601(a-1)) to read as
follows:
"(a- I ) If the unsafe building or structure is an historic landmark or is located
in an historic district, as defined in section 3 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). 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 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.".
(b) By adding a new subsection 1 (a-2) (D.C. Code _ 5-601 (a-2)) to read as follows:
"(a-2) If the subject building is an historic landmark or is located within an
historic district, as defined in section 3 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), the
Mayor shall not order the removal of said 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, the Mayor shall require the owner to
make the building safe and secure in accordance with the provisions of subsection (a) of
this section."
(c) By designating the existing paragraph in section 2 (D.C. Code _5-602) as subsection
(a) and by 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 defined in section 3 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), the
Mayor shall include as a fourth member of the board an architect or historic architect who
meets the professional qualifications defined in federal regulations, 36 CFR Part 61, App.
A (d) and (c). For the purposes of compliance with this subsection. the Mayor may
designate a representative of the State Historic Preservation Officer, as defined in the
federal regulations.".
(d) By designating the existing paragraph in section 3 (D.C. Code §5-603) as
subsection (a) and by 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 defined in section 3 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). 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 (D.C. Code §5-602).".
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 paragraph (3A) to read as
follows:
"(3A) "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) By adding a new section 5a to read as follows:
"Sec. 5a. (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 such decay and deterioration and free from structural defects through
prompt corrections of any of the following defects:
"( l ) 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 as well as the
penalties under section l1.".
(b) By adding a new section 5b to read as follows:
"Sec. 5b. 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:
"(a) Require the owner to repair all conditions contributing to demolition by
neglect or
"(b) If the owner does not make repairs within a reasonable period of time the
Mayor or his agents may enter the property and make such repairs as are necessary to
prevent demolition by neglect. The costs of such work 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 for purposes of this section upon obtaining
an order from the D.C. Superior Court."
Sec. 4. The Council adopts the fiscal impact statement in the
committee report as the fiscal impact statement required by section 602(c)(3) of the
District of Columbia Home Rule, approved December 24, 1973 (87 Stat. 813; D.C. Code
§1-233(c)(3)).
Sec. 5. This act shall take effect following approval by the Mayor (or
in the event of a veto by the Mayor, action by the Council of the District of Columbia 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 Authority Act of 1995, approved April 17, 1995
(109 Stat. 116; D.C. Code §47-392.3(c)), and a 30-day period of Congressional review as
provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December
24, 1973 (87 Stat. 813; D.C. Code §1233(c)(1)), and publication in the District of
Columbia Register. |
