COM 1480.016 2006-2008 - Laserfiche WebLink

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Article 5. Violations, Penalties, Enforcement. Section 10-34. Violations. (a) Failure to comply with any provision of this chapter or with any rule adopted pursuant to this chapter or with conditions imposed as part of any permit, approval or waiver under the provisions of this chapter, shall constitute a violation of this chapter. (b) Violations of State of Hawaii Administrative Rules and statutes referenced in this chapter shall be as determined by final order, after exhaustion of administrative appeals from decisions of the State agency having enforcement jurisdiction over the respective State rules or statutes, unless otherwise provided by law. Section 10-35. Administrative enforcement. It shall be unlawful for any person and/or contractor to perform or cause to be performed any grubbing, grading, or stockpiling on any property contrary to any provision of this chapter, or to use or maintain such property in an unlawfully graded condition, or to commit any other act prohibited by this chapter. This prohibition shall apply to any person operating grading or cleazing equipment or otherwise performing work for hire. (a) In lieu of or in addition to enforcement pursuant to any other provisions of this chapter, if the director of public works determines that any person is violating any provision of this chapter, any rule adopted pursuant to this chapter or any conditions imposed as part of any permit, approval or waiver under the provisions of this chapter, the director shall serve the person with a notice of violation and order pursuant to this section. Service may be accomplished through personal service or by certified mail. The director of public works may also post a copy of the notice of violation and order at the site of the violation. (b) The notice of violation shall state with reasonable specificity the nature of the violation, and include at least the following information: (I) Date of the notice. (2) Name and address of the person noticed. (3) Section number of the provision and/or permit that was violated. {4) Nature of the violation. (5) Location and date of the violation. (c) The order may require the person to do any or all of the following: (1) Cease and desist from the violation. (2) Correct the violation at the person's own expense before a date specified in the order. (3} Reimburse the County for costs incurred during the course of performing any corrective work. (4) Pay a civil fine not exceeding $1,000 in the manner, at the place, and before the date specified in the order. (5) Pay a civil fine not exceeding $1,000 per day for each day in which the violation persists, in the manner and at the time and place specified in the order. Each day a violation persists will be considered a separate violation. (d) The provisions of the order issued by the director of public works under this section shall become final thirty days after the receipt of the order, unless the director's action is appealed to the County board of appeals as provided in this section. All fines, penalties, -18-