ORD 2004-142 2002-2004 - Laserfiche WebLink

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Section 3-40. Injunctive action. The County of Hawaii may maintain an action for an injunction to restrain any violation of the provisions of this chapter and may take any other lawful action to prevent or remedy any violation. Section 3-41. Right of entry for authorized personnel. When it is necessary to make an inspection to enforce the provisions of this chapter, or when the director has reasonable cause to believe that there exists upon a building or upon a premises or upon a building site a condition which is contrary to or in violation of this chapter which makes the building or premises or the building site unsafe, dangerous or hazardous. the director may enter the building or premises or the building site at reasonable times to inspect or to perform the duties imposed by this chapter, provided that if the building or premises is occupied that credentials be presented to the occupant and entry requested. If such building or premises is unoccupied, the director shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. If entry is refused, the director shall have recourse to the remedies provided by law to secure entry. Section 3-42. Limited liability of authorized personnel. The authorized personnel charged with the enforcement of this chapter, acting in good faith and without malice in the discharge of the duties required by this chapter or other pertinent law or ordinance shall not thereby be rendered personally liable for damages that may accrue to persons or property as a result of an act or by reason of an act or omission in the discharge of such duties. A suit brought against the authorised personnel because of such act or omission perfornred by the authorized personnel in the enforcement of any provision of this chapter or other pertinent laws or ordinances implemented through the enforcement of this chapter shall be defended by the County of Hawaii until final termination of such proceedings, and any judgment resulting therefrom shall be assumed by the C ounty. Section 3-43. Remedies cumulative. The remedies provided in this article shall be cumulative and not exclusive. Division 13. General Provisions. Section 3-44. Administration. The director shall administer all of the provisions of this chapter. Whenever necessary, any official of another department of the County shall assist the director, if requested, consistent with the usual and customary duties of the official's department. Section 3-45. Compliance with this chapter and other laws. Any approval, or permit issued pursuant to this chapter shall comply with all applicable requirements of this chapter. The granting of a permit or variance under this chapter does not dispense with the necessity to comply -23-