Laserfiche WebLink
(c) Effect of Order; Right to Appeal. The provisions of the order issued by the administrative <br /> authority under this section shall become final thirty calendar days after the date of the delivery <br /> of the order. The party responsible for the violation may appeal the order to the boazd of appeals <br /> as provided by section 5-1.0.5, Hawaii County Building Code (chapter 5). The appeal must be <br /> <br /> received in writing on or before the date the order becomes final. However, an appeal to the <br /> board of appeals shall not stay any provision of the order. <br /> (d) Judicial Enforcement of Order. The administrative authority may institute a civil action in <br /> any court of competent jurisdiction for the enforcement of any final order issued pursuant to this <br /> section. Where the civil action has been instituted to enforce the civil fine imposed by such final <br /> order, the administrative authority need only show that the notice of violation and order were <br /> served, that a civil fine was imposed, the amount of the civil fine imposed and that the fine <br /> imposed has not been paid. <br /> Section 17-35. Criminal prosecution. <br /> (a) General Provisions. Any person, firm or corporation violating any of the provisions of <br /> this code shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty <br /> of a separate offense for each and every day or portion thereof during which any violation of any <br /> provisions of this code is committed, continued or permitted; and upon conviction of any such <br /> violation, such person shall be punishable by a fine of not more than $1,000, or by imprisonment <br /> for not more than one year, or by both fine and imprisonment. <br /> (b) Any officer or inspector designated by the administrative authority, who has been <br /> deputized by the chief of police as a special officer for the purpose of enforcing the provisions of <br /> the building, plumbing, electrical or housing codes (hereinafter referred to as "authorized <br /> personnel"), may arrest without warrant alleged violators by issuing a summons or citation in <br /> accordance with the procedure specified in this section. Nothing in this section shall be construed <br /> as barring such authorized personnel from initiating prosecution by warrant or such other judicial <br /> process as is permitted by statute or rule of court. <br /> (c) Any authorized personnel designated by the administrative authority, upon making an <br /> arrest for a violation of the building, plumbing, electrical or housing codes, may take the name <br /> and address of the alleged violator and shall issue to the violator in writing a summons or citation <br /> hereinafter described, notifying the violator to answer the complaint to be entered against the <br /> violator at a place and at a time provided in the summons or citation. <br /> (d) There shall be provided for use by authorized personnel a form of summons or citation <br /> for use in citing violators of the building, plumbing, electrical or housing codes which does not <br /> mandate the physical arrest of such violators. The form and content of such summons or citation <br /> shall be as adopted or prescribed by the administrative judge of the district court and shall be <br /> printed on a form commensurate with the form of other summonses or citations used in modem <br /> methods of arrest, so designed to include all necessary information to make the same valid within <br /> the laws and regulations of the State of Hawaii and County of Hawaii. <br /> (e) In every case when a citation is issued, the original of the same shall be given to the <br /> violator; provided, that the administrative judge of the district court may prescribe by giving to <br /> 9 <br /> <br />