BIL 373 Draft 01 2006-2008 - Laserfiche WebLink

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and issuance of a final board of appeals order confirming the monetary charges in whole or in part. (e) Any person adversely affected by any order issued under this section may within thirty days after the service of the order, appeal the order to the County board of appeals. An appeal to the County board of appeals shall stay the provisions of the director's order pending the final decision of the board, except as ordered under sections 10-37 and 10-38. All work by the person cited shall stop during this appeal process except as may be required to correct an imminent peril to public health or safety. The appeal hearing before the board of appeals shall be conducted as a contested case under chapter 91, Hawaii Revised Statutes. If, after a hearing held pursuant to this section, the board of appeals finds that a violation or violations have occurred, the board shall affirm or modify any penalties imposed or may modify or affirm the order previously issued, or issue an appropriate order or orders for the prevention, abatement, or control of the violation, or for the taking of other corrective action as may be appropriate, consistent with the director's authority under this chapter. If, after a hearing held pursuant to this section, the board of appeals finds that no violation has occurred or is occurring, the board of appeals shall rescind the order or penalty. Any order issued by the board of appeals after hearing may prescribe the date or dates by which the violation or violations shall cease and may prescribe timetables for necessary action in preventing, abating, or controlling the violation. (f) If any party is aggrieved by the decision of the board of appeals, the party may appeal the board's decision to the circuit court in the manner provided by chapter 91, Hawaii. Revised Statutes; provided that the operation of a cease and desist order or other corrective or remedial order affirmed or issued by the board of appeals shall not be stayed on appeal unless specifically ordered by a court of competent jurisdiction. (g) The director of public works may institute a civil action in any court of competent jurisdiction for the enforcement of any order issued pursuant to this section. Where the civil action has been instituted to enforce the civil fine, recover County costs, or both, as imposed by final order, the director of public works need only show that; (1) The notice of violation and order were served. (2) That a civil fine, County costs, or both were imposed. (3) The amount of the civil fine, County costs, or both imposed. (4) That the fine, County costs, or both imposed have not been paid. (h) The director of public works may work cooperatively with the planning department to allow the planning department to conduct inspections and draft citation orders on behalf of the department of public works. Section 10-36. Criminal prosecution. (a) Any person, whether as principal, agent, employee, or otherwise, violating or causing or permitting the violation of any of the provisions of this chapter, shall be guilty of a violation, and upon conviction thereof, shall be punished by a fine not exceeding $1,000, or by imprisonment not to exceed one year, or both, for each offense. Each day of each violation shall constitute a separate offense. (b) After a conviction for a first violation under this chapter, each further day of violation shall constitute a separate offense if the violation is a continuance of the subject of the first conviction. -19-