ORD 2004-142 2002-2004 - Laserfiche WebLink

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(j) The director shall file with the State bureau of conveyances, liens on all properties which have been the subject of fines levied under this section, which remain unpaid for one year or more after tinal adjudication and the expiration of the time for any further appeal. (k) Fines assessed under this section shall constitute a lien upon the subject property upon the filing of said lien with the bureau of conveyances. Section 3-39. Criminal prosecution. (a) [n lieu of or in addition to enforcement pursuant to this chapter, any person whether as principal agent, employee, or otherwise, violating or causing or permitting the violation of any of the provisions of this chapter, shall be guilty of a violation, and upon conviction thereof shall be sentenced as fi~llows: (I) For a first offense, by a fine not exceeding $500. (2) For a subsequent conviction which occurs- within five years of any prior conviction for violation of this chapter, by a fine of not less than $500, but not exceeding $1,000. (b) Afrer a conviction for a first violation under this chapter, each further day of violation shall constitute a separate offense ifthe violation is a continuance of the subject of the first conviction. (c) The imposition of a fine under this section shat l he controlled by the provisions of the Hawaii Penal code relating to fines, sections 706-641 through 706-645, Hawaii Revised Statutes. (d) Any authorized personnel may issue a summons or citation to an alleged violator in accordance with the procedure specified in this section. Nothing in this section shall he construed as barring such authorized personnel from initiating prosecution by penal summons, by complaint, by warrant or such other judicial process as is permitted by statute or rule of court. (e) Any authorized personnel issuing a summons or citation for a violation of this chapter may take the name and address of the alleged violator and shall issue to the alleged violator a written summons or citation notifying the alleged violator to answer at a place and time provided in the summons or citation. (f) There shall be provided for use by authorized personnel a form of summons or citation for use in citing violators of this chapter which does not mandate the physical arrest of such violators. 'fhe form and content of such summons or citation shall be as adopted or prescribed by the administrative judge of the district court and shall be printed on a form commensurate with the form of other summonses or citations used in modern methods of arrest, so designed to include all necessary information to make the same valid under the laws and regulations oCthe State and County of Hawaii. (g) In every case when a citation is issued, the original ofthe same shall be given to the violator, provided that the administrative judge of the district court may prescribe the griving to the violator of a carbon copy of the citation and provide for the disposition of the original and any other copies. (h) Every citation shall be consecutively numbered and each carbon copy shall bear the number of its respective original. _22_