Laserfiche WebLink
to section 803 -6, Hawaii Revised Statues, may arrest without warrant alleged violators by issuing a <br /> summons or citation in accordance with the procedure specified in this section. Nothing in this <br /> section shall be construed as barring such authorized personnel from initiating prosecution by <br /> warrant or such other judicial process as is permitted by statute or rule of court. <br /> (c) Any authorized personnel designated by the administrative authority, upon making an arrest for a <br /> violation of the building, plumbing, electrical or housing codes, may take the name and address of <br /> the alleged violator and shall issue to the violator in writing a summons or citation hereinafter <br /> described, notifying the violator to answer the complaint to be entered against the violator at a place <br /> and at a time provided in the summons or citation. <br /> (d) There shall be provided for use by authorized personnel a form of summons or citation for use in <br /> citing violators of the building, plumbing, electrical or housing codes which does not mandate the <br /> physical arrest of such violators. The form and content of such summons or citation shall be as <br /> adopted or prescribed by the administrative judge of the district court and shall be printed on a form <br /> commensurate with the form of other summonses or citations used in modern methods of arrest, so <br /> designed to include all necessary information to make the same valid within the laws and <br /> regulations of the State of Hawai`i and County of Hawai`i. <br /> (e) In every case when a citation is issued, the original of the same shall be given to the violator; <br /> provided, that the administrative judge of the district court may prescribe by giving to the violator a <br /> copy of the citation and provide for the disposition of the original and any other copies. <br /> (f) Every citation shall be consecutively numbered and each copy shall bear the number of its <br /> respective original. <br /> Section 5 -62. Injunctive action. <br /> The County may maintain an action for an injunction to restrain or remedy any violation of the <br /> provisions of this code and may take any other lawful action to prevent or remedy any violation. <br /> Section 5 -63. Reserved. <br /> Section 5 -64. Reserved. <br /> Division 8. Variances and Appeals. <br /> Section 5 -65. Variances. <br /> Whenever strict application of any provision of this code, except for the provisions relating to <br /> materials, methods of construction, equipment, fixtures, devices, or appliances, would result in practical <br /> difficulty or unnecessary hardship that would deprive the owner of the reasonable use of the land or <br /> building involved, the owner may petition the board of appeals for a variance from the provision. In <br /> granting a variance, the board of appeals shall prescribe any conditions that it deems to be necessary or <br /> desirable. No variance from the strict application of this code shall be granted by the board of appeals <br /> unless it finds that all of the following are present: <br /> (1) That there are special circumstances or conditions applying to the land or building for which <br /> the variance is sought, which circumstances or conditions are peculiar to such land or <br /> building and do not apply generally to lands or buildings in the neighborhood or surrounding <br /> property, and that the circumstances or conditions are such that the strict application of the <br /> provisions of this code would deprive the applicant of the reasonable use of the land or <br /> building; <br /> (2) That the granting of the variance is necessary for the reasonable use of the land or building <br /> and that the variance granted is the minimum variance that will accomplish this purpose; and <br /> 20 <br />