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.