D.C. Mun. Regs. r. 20-2714

Current through Register Vol. 71, No. 24, June 14, 2024

Rule 20-2714 - CIVIL ENFORCEMENT

2714.1

Any person may commence a civil action in a court of competent jurisdiction on his or her own behalf for injunctive relief, to enforce a requirement, or to order the Mayor to perform a non-discretionary act against any person (including the District government to the extent permitted by the Eleventh Amendment of the U.S. Constitution) who is alleged to be the following:

(a) In violation of any requirement of the Act;

(b) In violation of any order issued by the Mayor with respect to any requirement of the Act; or

(c) Engaged in any act prohibited by the Act.

2714.2

No action shall be taken under the provisions of this section prior to ten (10) days after the plaintiff has given notice of the violation to the Mayor, and to any alleged violator of the requirements.

2714.3

No action shall be taken under the provisions of this section if the Mayor has commenced and is diligently prosecuting a civil action in a court of competent jurisdiction in the District of Columbia to require compliance with the Act.

D.C. Mun. Regs. r. 20-2714

Section 14 of the District of Columbia Noise Control Act of 1977, D.C. law 2-53, 24 DCR 5293, 5330 (December 30, 1977); as amended by § 2 of the Noise Control Amendment Act 011996, D.C. Law 11-161, 43 DCR 3727, 3731 (July 19, 1996)