BIL 373 Draft 01 2006-2008 - Laserfiche WebLink

Home

cease their activities, and may perform all necessary work and other actions as may be necessary to correct the violation. The order shall fix a place and time, not later than twenty-four hours thereafter, for a hearing to be held before a hearings officer appointed by the director of public works. (b) Nothing in this section shall be construed to limit any power authorized by law which the director of public works or any other County official may have to declare an emergency and act on the basis of such declaration. Section 10-39. Corrective work by the County; costs. (a) When the director of public works determines that a violation of this chapter will cause imminent peril to the public health and/or safety, the department of public works may perform all necessary work to correct the violation. This work may include, but may not be limited to, clearing or removing of encroachments and obstructions, installation of erosion and sediment control measures, completion of authorized work, and restoration and revegetation of the site. (b) All costs incurred during the course of performing any corrective work shall be paid by the violator. The department of public works shall give, by certified mail, a bill to the violator. The violator shall then have thirty days from the date of mailing to pay the bill. (c) Should the violator fail to make full legal payment within thirty days, the County may use all legal means available to recover its expenses and costs by any action allowed in law or equity. Section 10-40. Liability. The provisions of this chapter shall not be construed to relieve or alleviate the liability of any person for damages resulting from performing, or causing to be performed, any grading, grubbing or stockpiling operation. The authorized personnel charged with the enforcement of this article, acting in good faith and without malice in the discharge of the duties required by this article or other pertinent law or ordinance, shall not thereby be rendered personally liable for damages that may accrue to persons or property as a result of an act or by reason of an act or omission in the discharge of such duties. A suit brought against the authorized personnel because of such act or omission performed by the authorized personnel in the enforcement of any provision of this article or other pertinent laws or ordinances implemented through the enforcement of this article shall be defended by the County of Hawaii until final termination of such proceedings, and any judgment resulting there from shall be assumed by the County. Section 10-41. Remedies cumulative. The remedies provided in this article shall be cumulative and not exclusive. Article 6. Rule Making Section 10-42. Adoption of rules. This chapter is intended to be self-executing to the extent permitted by law. The director of public works is authorized to promulgate rules pursuant to chapter 91 of the Hawaii Revised Statutes as may be necessary for implementation of this chapter." -21-