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(b) Violations of State of Hawaii Administrative Rules and statutes referenced in this <br />chapter shall be as determined by final order, after exhaustion of administrative appeals <br />from decisions of the State agency having enforcement jurisdiction over the respective <br />State rules or statutes, unless otherwise provided by law. <br />Section 10-35. Administrative enforcement. <br />It shall be unlawful for any person and/or contractor to perform or cause to be performed <br />any grubbing, grading, or stockpiling on any property contrary to any provision of this chapter, <br />or to use or maintain such property in an unlawfully graded condition, or to commit any other act <br />prohibited by this chapter. This prohibition shall apply to any person operating grading or <br />clearing equipment or otherwise performing work for hire. <br />(a) In lieu of or in addition to enforcement pursuant to any other provisions of this chapter, if <br />the director of public works determines that any person is violating any provision of this <br />chapter, any rule adopted pursuant to this chapter or any conditions imposed as part of <br />any permit, approval or waiver under the provisions of this chapter, the director shall <br />serve the person with a notice of violation and order pursuant to this section. Service <br />may be accomplished through personal service or by certified mail. The director of <br />public works may also post a copy of the notice of violation and order at the site of the <br />violation. <br />(b) The notice of violation shall state with reasonable specificity the nature of the violation, <br />and include at least the following information: <br />(1) Date of the notice. <br />(2) Name and address of the person noticed. <br />(3) Section number of the provision and/or permit that was violated. <br />(4) Nature of the violation. <br />(5) Location and date of the violation. <br />(c) The order may require the person to do any or all of the following: <br />(1) Cease and desist from the violation. <br />(2) Correct the violation at the person's own expense before a date specified in the <br />order. <br />(3) Reimburse the County for costs incurred during the course of performing any <br />corrective work. <br />(4) Pay a civil fine not exceeding $1,000 in the manner, at the place, and before the <br />date specified in the order. <br />(5) Pay a civil fine not exceeding $1,000 per day for each day in which the violation <br />persists, in the manner and at the time and place specified in the order. Each day <br />a violation persists will be considered a separate violation. <br />(d) The provisions of the order issued by the director of public works under this section shall <br />become final thirty days after the receipt of the order, unless the director's action is <br />appealed to the County board of appeals as provided in this section. All fines, penalties, <br />costs or other monetary charges imposed under this chapter shall be due and payable <br />thirty days after the notice of such charges is served, unless the director's action is <br />appealed to the County board of appeals as provided in this section. Whenever an appeal <br />is filed with the board of appeals as provided herein, any monetary charges so appealed <br />shall only become due and payable upon completion of all board of appeals proceedings <br />-18- <br />