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(V OIH <br /> <br /> COUNTY OF HAWAII STATE OF HAWAII <br /> BILL NO. z65 <br /> ORDINANCE NO. <br /> AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 2, DIVISION 3, SECTION <br /> 25-2-35, HAWAII COUNTY CODE, 1983 (2005 EDITION) RELATING TO <br /> ADMINISTRATIVE ENFORCEMENT. <br /> BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`L• <br /> SECTION 1. Purpose and intent. The purpose of this ordinance is to provide for <br /> assessment of fines for violations of the zoning code during the appeal process. As <br /> Section 25-2-35(f) is currently written, the provisions of the director's order (including <br /> fines) are stayed until a final decision is reached by the board of appeals. This allows the <br /> violator to continue to violate the zoning code without being assessed a fine until the <br /> appeal process has been concluded and the violator loses the appeal. This ordinance will <br /> amend Section 25-2-35(f) to allow the department to assess a fine during the appeal <br /> process and impose the accrued fine if the violator loses the appeal. The City and County <br /> of Honolulu's zoning code contains the same language proposed by this ordinance and <br /> has been upheld by the Hawaii Supreme Court as constitutional. <br /> SECTION 2. Chapter 25, article 2, division 3, section 25-2-35, Hawaii County <br /> Code 1983 (2005 edition), relating to administrative enforcement is amended as follows: <br /> "Section 25-2-35. Administrative enforcement. <br /> (a) In lieu of or in addition to enforcement pursuant to sections 25-2-31, 25-2- <br /> 32, and 25-2-34, if the director determines that any person is violating any <br /> provision of this chapter, any rule adopted thereunder, or any permit <br /> issued pursuant thereto, the director may have the person served by <br /> personal service or by certified mail, with a notice of violation and order <br /> pursuant to this section. The director may also have a copy of the notice <br /> of violation and order posted at the building site. <br /> (b) The notice of violation shall include at least the following information: <br /> (1) Date of the notice; <br /> (2) Name and address or the person noticed; <br /> (3) Section number of the provision, or rule, or the permit which has <br /> been violated; <br /> (4) Nature of the violation; and <br /> (5) Location and time of the violation. <br /> -1- <br /> <br />