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46-1.5 COUNTY ORGANIZATION AND ADMINISTRATION
<br />the minor for any civil fines imposed hereunder. Any such fine may
<br />be administratively imposed after an opportunity for a hearing under
<br />chapter 91, but such a proceeding shall not be a prerequisite for any
<br />civil fine ordered by any court. As used in this subparagraph,
<br />"graffiti" means any unauthorized drawing, inscription, figure, or
<br />mark of any type intentionally created by paint, ink, chalk, dye, or
<br />similar substances.
<br />(D) At the completion of an appeal in which the county's enforcement
<br />action is affirmed and upon correction of the violation if requested
<br />by the violator, the case will be reviewed by the county agency that
<br />imposed the civil fines to determine the appropriateness of the
<br />amount of the civil fines that accrued while the appeal proceedings
<br />were pending. In its review of the amount of the accrued fines, the
<br />county agency may consider the following: nature and
<br />egregiousness of the violation, duration of the violation, number of
<br />recurring and other similar violations, effort taken by the violator to
<br />correct the violation, degree of involvement in causing or continu-
<br />ing the violation, reasons for any delay in the completion of the
<br />appeal, and other extenuating circumstances. The civil fine which is
<br />imposed by administrative order after this review is completed and
<br />the violation is corrected is subject to only judicial review, notwith-
<br />standing any provisions for administrative review in county char-
<br />ters.
<br />(E) After completion of a review of the amount of accrued civil fine by
<br />the county agency which imposed the fine, the amount of the civil
<br />fine determined appropriate, including both the initial civil fine and
<br />any accrued daily civil fine, shall immediately become due and
<br />collectible following reasonable notice to the violator. If no review
<br />of the accrued civil fine is requested, the amount of the civil fine, not
<br />to exceed the total accrual of civil fine prior to correcting the
<br />violation, shall immediately become due and collectible following
<br />reasonable notice to the violator, at the completion of all appeal
<br />proceedings.
<br />(F) If no county agency exists to conduct appeal proceedings for a
<br />particular civil fine action taken by the county, then one shall be
<br />established by ordinance before the county shall impose that civil
<br />fine.
<br />(25) Any law to the contrary notwithstanding, any county mayor may exempt
<br />by executive order donors, provider agencies, homeless facilities, and any
<br />other program for the homeless under chapter 201G from real property
<br />taxes, water and sewer development fees, rates collected for water sup-
<br />plied to consumers and for use of sewers, and any other county taxes,
<br />charges, or fees; provided that any county may enact ordinances to
<br />regulate and grant the exemptions granted by this paragraph. [L 1988, c
<br />263, §2; am L 1989, c 338, §1; am L 1990, c 135, §1; am L 1991, c 212,
<br />§2; am L 1993, c 168, §§ 1, 5; am L 1994, c 171, §§3,4; am L 1995, c 236,
<br />§ 1; am L 1996, c 19, §§ 1, 2; am L 1997, c 350, § 17; am L 1998, c 212, §3]
<br />Cross References
<br />Construction projects; recycled glass requirements, see §103D-407.
<br />Glass container recovery, see §§342G-81 to 89.
<br />Graffiti, parental responsibility, see §577-3.5.
<br />Counties' general power of el
<br />and 101-2; when a municipal of
<br />46, 868 P.2d 1193.
<br />Financial responsibility law
<br />chapter 431, article IOC), where
<br />§46-1.5(13)). 76 H. 209, 873 P
<br />Where city ordinance did not
<br />defray the city's investigative ai
<br />open the possibility that the cha
<br />a 'service fee" under paragrap
<br />ordinance was invalid. 89 H. 3
<br />§46-1.6 REPEAI
<br />§46-4 County zo
<br />changed to "201G-1". 1
<br />Appeal to circuit court, see
<br />The Lum Court, Land Use,
<br />L. Rev. 119.
<br />The Manua Valley Special
<br />UH L. Rev. 449.
<br />Grandfather protections affc
<br />prohibit new zoning ordinanc.
<br />under an existing zoning ordi
<br />"Lawful use" and "previc
<br />refer to compliance with previ
<br />be applicable to the construe
<br />[§46-12.5] State
<br />Conclusive presumptions r
<br />(repealed June 30, 2003). L
<br />[§46-13.1] Volu
<br />Section establishes a com
<br />services from volunteers whc
<br />"other law" or "state statue
<br />97-6.
<br />§46-15.1 Housi
<br />standing, any county
<br />applicable limitations,
<br />corporation of Hawaii
<br />reasonably construed I
<br />constructing, and proN
<br />county shall be empoN
<br />
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