BIL 268 Draft 01 2008-2010 - Laserfiche WebLink

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(b) Notice of Violation. Whenever any person, firm, or corporation violates any provisions of this code, the [building official] authority having jurisdiction shall serve a [notice of violation] stop work order to the party responsible for the violation to make the [building or structure or portion] electrical work thereof comply with the requirements of this code. The notice of violation shall include at least the following information: (1) Date of the notice; (2) The name and address of the person noticed and the location of the violation; (3) The section number of the ordinance, code, or rule which has been violated; (4) The nature of the violation; (5) The deadline for compliance with the notice; and (6) Appeal to building official information. (c) Criminal Prosecution. (1) General. Any person, firm, or corporation violating any of the provisions of this code shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any provisions of this code is committed, continued, or permitted, and upon conviction of any such violation such person shall be punishable by a fine of not more than $1,000, or by imprisonment for not more than one year, or by both fine and imprisonment. (2) Any officer, or inspector designated by the [building official,] authority having jurisdiction, who has been deputized by the chief of police as a special officer for the purpose of enforcing the provisions of the electrical code (hereinafter referred to as "authorized personnel "), may issue a summons or citation in accordance with the procedure specified in this section. Nothing in this section shall be construed as barring such authorized personnel from initiating prosecution by warrant or such other judicial process as is permitted by statute or rule of court. (3) Any authorized personnel designated by the [building official,] authority having jurisdiction, upon making an arrest for a violation of the electrical code may take the name and address of the alleged violator and shall issue to the violator in writing a summons or citation hereinafter described, notifying the violator to answer the complaint to be entered against the violator at a place and at a time provided in said summons or citation. (4) There shall be provided for use by authorized personnel, a form of summons or citation for use in citing violators of the electrical code which does not mandate the physical arrest of such violators. The form and content of such summons or citation shall be as adopted or prescribed by the administrative judge of the district court and shall be printed on a form commensurate with the form of other summonses or citations used in modern methods of arrest, so designed to include all necessary information to make the same valid within the laws and regulations of the State of Hawai`i and the County of Hawai`i. (5) In every case when a citation is issued, [the original] a copy of the same shall be given to the violator; provided that the administrative judge of the district court may prescribe by giving to the violator a copy of the citation and provide for the disposition of the original and any other copies. 7