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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 20. ENVIRONMENT |
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Chapter 20-27. NOISE CONTROL |
Section 20-2710. NOTICE OF VIOLATIONS
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2710.1Whenever the Mayor has reason to believe that a violation of any provision of the Act has occurred, he or she may, in lieu of or in addition to any other enforcement procedure, give notice of the alleged violation to the person or persons responsible, and order the persons to take corrective measures as are deemed necessary.
2710.2The notice of an alleged violation shall meet the following requirements:
(a)It shall be in writing;
(b)It shall indicate the section or subsections of Chapters 27 and 28 of this subtitle that have been violated; and
(c)It shall state the nature of the violation (including, if applicable, any dB(A) readings, the date, and the approximate time and place of their recording).
2710.3The notice of an alleged violation may allow reasonable time for the performance of any act required by the notice.
2710.4The notice of an alleged violation shall be deemed properly served upon the alleged violator when it is served by one (1) of the following methods:
(a)A copy of the notice is served personally upon the alleged violator, or is left either at the alleged violator's usual place of business or at his or her usual residence with a person over the age of sixteen (16) years who is employed or who resides at that place;
(b)A copy of the notice is left with any agent of the person to be notified, or is left at the office of the agent or with any person employed at the office, if the alleged violator's residence or place of business cannot be found in the District by reasonable search;
(c)A copy is mailed postage prepaid to the last known address of the person to be notified and is not returned by the Postal Service authorities; or
(d)The notice is published on three (3) consecutive days in a daily newspaper published in the District, when one (1) of the following circumstances exists:
(1)No address of the person to be served is known or can, with reasonable diligence, be ascertained; or
(2)Any notice mailed in accordance with § 2710.4(c) is returned undelivered by the Postal Service authorities.
2710.5A notice issued pursuant to this section shall be final unless the person adversely affected requests a hearing within the period specified in the notice of violation, or within fifteen (15) days after the date of service of the notice, whichever is less.
2710.6Upon receipt of a request for a hearing, the Mayor shall provide the petitioner with an opportunity for a hearing in accordance with the contested case provisions of the D.C. Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1208; D.C. Code § 1-1509 (1981)).
2710.7A decision sustaining, modifying, or vacating a notice shall be final.
2710.8If any person fails to comply with a final notice issued pursuant to this section, the Mayor shall institute action as may be necessary to terminate the violation.
2710.9Any person's failure to comply with a final notice issued pursuant to this section shall constitute a separate violation of the Act.
2710.10Nothing in this section shall be construed to preclude enforcement of the provisions of the Act by recovery of a penalty pursuant to § 2713 of this chapter, injunctive relief, or other appropriate remedy.