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BIL 118 Draft 02 2010-2012
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BIL 118 Draft 02 2010-2012
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Entry Properties
Last modified
3/5/2013 4:10:18 PM
Creation date
10/21/2011 9:06:53 AM
Metadata
Fields
Template:
Bill/Resolution
Bill/Resolution - Type
BIL
Bill/Resolution - Council Term
2010-2012
Bill/Resolution
118
Draft
02
Introducer
Pete Hoffmann, Council Member
Referred To
COUNCIL
Action 1
Council: Bill 118, Draft 2 passes first reading - 10/19/11
Action 2
Council: Bill 118, Draft 2 passes second & final reading - 11/02/11
Status
Adopted
Date To Mayor or Adoption Date
11/14/2011
Reading Number
1
Reading Date
10/19/2011
Ayes
8-Blas;Ford;Hoffmann;Onishi;Pilago;Smart;Yagong;Yoshimoto
Noes
0
Absent
1-Ikeda
Excused
0
Reading Number .
2
Reading Date .
11/2/2011
Ayes .
7-Blas;Ford;Hoffmann;Pilago;Smart;Yagong;Yoshimoto
Noes .
0
Absent .
2-Ikeda;Onishi
Excused .
0
Document Relationships
AGE COUNCIL 11/02/2011 2010-2012
(Related To)
Path:
\Council Records\Agendas\2010-2012\Council
COM 0404.002 2010-2012
(Related To)
Path:
\Council Records\Communications\2010-2012
COM 0404.002 2010-2012
(Related)
Path:
\Council Records\Communications\2010-2012
ORD 2011-114 2010-2012
(Related)
Path:
\Council Records\Ordinances\2011
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Revised Statues, may arrest without warrant alleged violators by issuing a summons or <br />citation in accordance with the procedure specified in this section. Nothing in this section <br />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 [ • • . • .. - • ,] authority having <br />jurisdiction, upon making an arrest for a violation of the building, plumbing, electrical or <br />housing codes, may take the name and address of the alleged violator and shall issue to <br />the violator in writing a summons or citation hereinafter described, notifying the violator <br />to answer the complaint to be entered against the violator at a place and at a time <br />provided in the summons or citation. <br />(d) There shall be provided for use by [] the authority having jurisdiction a form of <br />summons or citation for use in citing violators of [the building, plumbing, electrical or <br />housing- cedes] this chapter which does not mandate the physical arrest of such violators. <br />The form and content of such summons or citation shall be as adopted or prescribed by <br />the administrative judge of the district court and shall be printed on a form commensurate <br />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 <br />violator; provided, that the administrative judge of the district court may prescribe by <br />giving to the violator a copy of the citation and provide for the disposition of the original <br />and any other copies. <br />(f) Every citation shall be consecutively numbered and each copy shall bear the number of <br />its respective original. <br />Section 9 -16.5. Injunctive action. <br />The County may maintain an action for an injunction to restrain or remedy any violation <br />of the provisions of this code and may take any other lawful action to prevent or remedy any <br />violation. <br />Division 3. Variances and Appeals. <br />Section 9 -17. Variances. <br />Whenever strict application of any provision of this code, except for the provisions <br />relating to materials, methods of construction, equipment, fixtures, devices, or appliances, would <br />result in practical difficulty or unnecessary hardship that would deprive the owner of the <br />reasonable use of the land or building involved, the owner may petition the board of appeals for a <br />variance from the provision. In granting a variance, the board of appeals shall prescribe any <br />conditions that it deems to be necessary or desirable. However no variance from the strict <br />application of this code shall be granted by the board of appeals unless it finds that all of the <br />following are present: <br />(1) That there are special circumstances or conditions applying to the land or building <br />for which the variance is sought, which circumstances or conditions are peculiar <br />to such land or building and do not apply generally to lands or buildings in the <br />neighborhood or surrounding property, and that the circumstances or conditions <br />4 <br />
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