BIL 079 Draft 01 2012-2014 - Laserfiche WebLink

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(2) Costs of removing and destroying transgenic organisms, and of cleanup and restoration of the environment; (3) Cost of County employee enforcement time; (4) Court and legal costs; and (5) Costs of monitoring compliance. (b) Any person who knowingly violates this article shall be fined $1,000 for each violation payable to the director of finance. (c) Unless allowed by exemption as provided in this article, persons who possessed transgenic organisms prohibited by this article prior to its effective date shall be in violation of this article, and are subject to the enforcement provisions herein. Such persons, however, shall not be assessed the administrative and abatement costs in subsection (a), nor fined as provided in subsection (b), provided that person report to the director the fact of that person's possession of such prohibited transgenic organisms within sixty days of the effective date of this article, and can demonstrate to the director's satisfaction that such prohibited transgenic organisms have been destroyed or removed from the County. (d) The provisions of this article are cumulative, and nothing in this article affects any other remedies any individual or government entity may have against any person resulting from a violation of this article. Section 14- . Citizen suits. (a) This article hereby creates and vests a right in all citizens of the County to sue the County to compel compliance with this article. All actions shall be filed in the Third Circuit Court, County of Hawaii. (b) At least thirty days prior to the filing of any citizen suit, the prospective citizen - plaintiffs shall provide written notice to the director of their intent to sue. The director shall initiate the enforcement of this article within ten business days of receipt of the notice. Action by the director to initiate enforcement of this article following the notice by a citizen -plaintiff shall supplant the citizen -plaintiff s right to file a citizen suit. (c) If the action by the director does not demand injunctive relief and damages for a violation of this article, the right of the citizen -plaintiffs to initiate a suit shall not be impaired by the actions of the director. (d) To the extent a citizen—plaintiff is successful in finding a violation of this article, the Court may award reasonable attorneys fees in addition to the fines payable to the director of finance." SECTION 3. If any provision of this ordinance, or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable. 7