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COM 0107.163 2016-2018
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COM 0107.163 2016-2018
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Last modified
9/12/2017 9:17:37 AM
Creation date
8/24/2017 2:21:27 PM
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Communications
Communications - Type
COM
Communications - Council Term
2016-2018
Communication
0107
Point
163
Author
Valerie T. Poindexter, Council Chair
Communications - Referred To
COUNCIL
Comments
Council: Close file - 09/07/17
Document Relationships
AGE COUNCIL 2017/09/07 2016-2018
(Related)
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\Council Records\Agendas\2016-2018\Council
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shall constitute a separate offense." Here,as the bill is currently drafted,there will be an <br /> inconsistency between the proposed ordinance and the Code regarding what constitutes a separate <br /> violation/offense. Subsection(b)under the Fines section also states"separate violation"as <br /> opposed to a"separate offense." Because this proposed ordinance amends Chapter 20 of the <br /> Hawaii County Code,consistency across Chapter 20 and Hawai`i County Code Article 40 is <br /> necessary. <br /> Page 10:[6]Commented [KW32] Kucharski,William 7/7/2017 1:04:00 PM <br /> Examine EMC review-possible conflict. If the Directors determination is a "final Administrative order" where does <br /> a review by EMC come to play? <br /> (c) below: <br /> All fines and other enforcement actions may be appealed to the environmental management commission, <br /> provided the appeal is filed within thirty days of issuance of the notice of determination. <br /> Page 10:[7] Commented [KW33] Kucharski,William 8/16/2017 10:48:00 AM J <br /> • Keyra Wong (CC): <br /> • Under subsection(e),perhaps for consistency with §2-204, it would be easier to state that the <br /> fine procedures under this article shall be consistent with Hawaii County Code §2-204(e), <br /> which reads,"If the amount of any penalty is not paid to the department within thirty days <br /> after it becomes due and payable,the director may institute a civil action in the name of the <br /> County to collect the administrative penalty which shall be a government realization...." A <br /> civil action must be initiated first and penalties cannot be automatically referred to a <br /> collection agency. <br />
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