BIL 118 Draft 02 2010-2012 - Laserfiche WebLink

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Section 9 -16.3. Administrative enforcement. (a) If the [AI=-J] authority having jurisdiction determines that any person, firm or corporation is not complying with a notice of violation, the [A1J] authority having jurisdiction may have the party responsible for the violation served, by mail or delivery, with an order pursuant to this division. (b) Contents of the Order. (1) The order may require the parties responsible for the violation, including but not limited to the owner /lessee of the property where the violation is located, to do any or all of the following: (A) Correct the violation within the time specified in the order; (B) Pay a civil fine not to exceed $1,000 in the manner, at the place and before the date specified in the order; (C) Pay a civil fine not to exceed $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. (2) The order shall advise the party responsible for the violation that the order shall become final thirty calendar days after the date of its delivery. The order shall also advise that the [administrative authority's] authority having jurisdiction's action may be appealed to the board of appeals. (c) Effect of order; right to appeal. The provisions of the order issued by the [AI44] authority having jurisdiction under this section shall become final thirty (30) calendar days after the date of the delivery of the order. The party responsible for the violation may appeal the order to the board of appeals as provided by section [9 21f below.] 9 -19. The appeal must be received in writing on or before the date the order becomes final. However, an appeal to the board of appeals shall not stay any provisions of the order. (d) Judicial enforcement of order. The [AHJ] authority having jurisdiction may institute a civil action in any court of competent jurisdiction for the enforcement of any final order issued pursuant to this section. Where the civil action has been instituted to enforce the civil fine imposed by such final order, the [A] authority having jurisdiction need only show that the notice of violation and order were served, that a civil fine was imposed, the amount of the civil fine imposed, and that the fine imposed has not been paid. Section 9 -16.4. Criminal prosecution. (a) General provisions. Any person, firm or corporation violating any of the provisions of this code shall be deemed guilty of a petty 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 thirty days, or by both fine and imprisonment. (b) Any officer or inspector designated by the [administrative authority,] 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 building, plumbing, electrical or housing codes (hereinafter referred to as "authorized personnel "), pursuant to Section 803 -6, Hawai`i 3