Page:United States Statutes at Large Volume 82.djvu/1204

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[82 STAT. 1162]
PUBLIC LAW 90-000—MMMM. DD, 1968
[82 STAT. 1162]

1162

Restriction.

PUBLIC LAW 90-596-OCT. 17, 1968

[82 STAT.

(b) In the event a person occupying or using- a vault under the authority of this Act shall fail or refuse to perform or to permit the performance of any work required by the Commissioner under the authority of subsection (a), the Commissioner is authorized to apply to the District of C!olumbia Court of General Sessions for, and said court is hereby authorized to issue, an order empowering the Commissioner to enter upon the private property abutting the public space in which such vault is located for the purpose of performing such work as may be necessary in connection with the construction or installation in such public space of any water pipe, gas pipe, sewer, conduit, other pipe, or other underground construction or installation that the (Commissioner may consider it necessary or desirable to place in such space, and the District and its officers and employees shall not be liable for any damage to real or personal property which may result from the performance of any such work, other than such damage as may be caused by the gross negligence of the District or of any of its officers or employees. Process in connection with the application for such order shall be served on the owner in accordance with the rules of said court relating to the service of process in civil actions. I n the event such owner is not to be found in the District after reasonable search and an affidavit to this effect is made on behalf of the District, such process may be served by publication for one day each week for three consecutive weeks in a newspaper of general circulation in the District, and, if service of process is by publication, a copy of such process and publication shall be sent to such owner by certified mail at his last known address as recorded in the real estate assessment records of the District. The cost to the District of performing such work, including, without limitation, the reasonable cost to the District of securing the court order authorized by this subsection and any advertising in connection therewith, shall be a charge wdiich may be levied by the Commissioner as a tax against the property abutting the public space in which a vault is located, to be collected in the manner authorized by section 308. c^j^,^^ J^J^Q ]\Tothing Contained in this title shall be construed as authorizing the District of Columbia Council to impose a rental charge for the use of any vault abutting real property on which is located a single or two-family dwelling occupied solely for residential purposes, but any such vaiilt shall otherwise be subject to the pro\'isions of this title. TITLE IV-^REGULATIONS, INSURANCE, NOTICE, PENA L T Y, C R E D I T I N G OF R E N T A L P A Y M E N T S, AUTHORIZATION OF APPROPRIATIONS, S E P A R A B I L I T Y PROV I S I O N, C O O R D I N A T I O N AVITH S E C T I O N 2 O F THE ACT O F MAY 31, 1900, AND EFFECTIVE D A T E S

Regulations

gj,^_ ^Q^_ rpj^^ District of Columbia Council after public hearing is authorized to make and promulgate regulations to carry out the purl)oses of this Act. The regulations initially adopted by the Council under the authority of this section to carry out the purposes of title III shall become effective on the effective date of such title, if, not less than ten days prior to such date, the Council lias adopted such regulations and printed a notice of such adoption in a newspaper of general circulation in the District. Otherwise, the regulations adopted by the Council under the authority of this section shall become effective ten days after notice of their adoption has been printed in a newspaper of general circulation in the District. inriTrance^te^uire^^^' ^^^- '^^^® Commissioner shall, in connection with authorizing ment. the use of any public space under the authority of this Act, require the person authorized to use such space, prior to any such use, to