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<br /> §322-2 Ordering owner to remove. Whenever any such nuisance, foul or
<br /> noxious odors, gases or vapors, water in which mosquito larvae exist,
<br /> source of filth, or cause of sickness or disease is found on private
<br /> property, the department of health shall cause notice to be given to
<br /> the owner to remove and abate the same at the owner's own expense
<br /> within such reasonable time as the department may deem proper. A
<br /> duplicate of the notice so given shall be left with one or more of
<br /> the tenants or occupants of the premises. If the premises are
<br /> unoccupied, notice shall be mailed to the last known place of
<br /> residence of the owner if residing in the State. If the owner resides
<br /> out of the State or cannot be reached with notice speedily, notice
<br /> left at the house or posted on the premises shall be sufficient. If
<br /> the owner thus notified does not comply with the notification or
<br /> order of the department, or its agent, within the time specified, the
<br /> department or its agent may apply to the district court of the
<br /> circuit in which the property is situated for an order authorizing
<br /> the department to execute and carry out the notice or for an order to
<br /> abate the nuisance and remove, destroy, or prevent the cause of the
<br /> foul or noxious odors, gases or vapors, water in which mosquito
<br /> larvae exist, source of filth, or cause of sickness or disease, or
<br /> other thing detrimental to public health.
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<br /> The department may recover by appropriate proceedings the expenses
<br /> incurred by it in the abatement, removal, destruction, or prevention,
<br /> from any person who has caused or allowed the nuisances, source of
<br /> foul or noxious odors, gases or vapors, water in which mosquito
<br /> larvae breed, source of filth, or cause of sickness or disease, or
<br /> other thing detrimental to the public health, and from any owner,
<br /> tenant, or occupant of the premises, who, after notice, has failed to
<br /> abate, remove, destroy, or prevent the nuisance, source of foul or
<br /> noxious odors, gases or vapors, water in which mosquito larvae exist,
<br /> source of filth, or cause of sickness or disease, or other thing
<br /> detrimental to the public health within the time specified in the
<br /> notice. In no case shall the department or any officer or agent
<br /> thereof be liable for costs in any action or proceeding that may be
<br /> commenced in pursuance of this part. [PC 1869, c 59, §10; am L 1911,
<br /> c 111, §2; am L 1919, c 80, §1; RL 1925, §924; RL 1935, §1311; RL
<br /> 1945, §2702; RL 1955, §47-2; am L Sp 1959 2d, c 1, §19; HRS §322-2;
<br /> am L 1970, c 188, §40; gen ch 19851
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<br /> http://www.capitol.hawaii.gov/hrseurrent/Vo106_Ch0321-0344/HRS0322/fIRS_0322-00... 10/25/2006
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