Laserfiche WebLink
<br /> <br /> <br /> <br /> <br /> <br /> <br /> WATANABE: I thought you were from California, not Texas. <br /> <br /> WOODWARD: I lived 22 years in Texas. <br /> <br /> WATANABE: Do we have any further questions on this? Mr. Iwashita? <br /> <br /> IWASHITA: Thank you, Mr. Chair. So this language is it intended just to the fines <br /> or - ? 1 guess, cause I'm not really familiar with any other provisions of a violation notice. But <br /> is this just intended for fines or for other kinds of provisions? <br /> <br /> YUEN: It would really just apply to the fines because we, to actually stop We <br /> give somebody a violation notice that says that they're supposed to stop. But if they continue <br /> they only, we have only two choices: One is that they're getting a daily fine; and then we can go <br /> to Court for an injunction. But we don't have the power to physically make somebody stop. But <br /> say the Court, if somebody doesn't stop, eventually you're in contempt of court and eventually <br /> there are sheriffs and there's police; and then you get to that point. So as a practical matter this <br /> only affects the running of a fine. Now, again, if we had something really urgent, even at the <br /> present time we could go and get an injunction against somebody. That, but if somebody, you <br /> know, we see a serious violation that we think needs to be stopped right away and we cite with a <br /> notice of violation and the person keeps doing it, if you think about the physical aspect of when <br /> somebody, you give somebody a piece of paper that tells them to stop doing what they're doing <br /> and they keep doing it and you'd have to take it to the next level, we don't have the ability to use <br /> force to make them actually stop. <br /> <br /> WATANABE: So the only times you would it consider urgent is say like when you have <br /> irreparable harm or what is deemed to be it reparable harm to either the environment or <br /> surrounding neighborhood? <br /> <br /> YUEN: Right, right. <br /> <br /> WATANABE: Okay, okay. Yes, Mr. Iwashita. <br /> <br /> IWASHITA: If the intent is that it's to apply to fines, then can we limit the language to <br /> fines? Cause, you know, some creative lawyer might come along and make some kind of <br /> argument that, you know, like Ivan. But if it's intended just to apply the fine aspect of a <br /> violation notice then it'd be my preference that the language be limited to that aspect. <br /> WATANABE: Would you care to comment or maybe, cause we're not going to make a <br /> decision today, possibly think that over? And if you decide in favor maybe you could present a <br /> revision at the subsequent meeting in West Hawaii. <br /> <br /> YUEN: We could have our Deputy Corporation Counsel look at that. <br /> <br /> WATANABE: Take a look at that. <br /> <br /> YUEN: Right. <br /> <br /> <br /> 4 <br />