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2-204 HAwAI`I COUNTY CODE (2) A hearing was held or the time granted for requesting a hearing expired without a request for a hearing; (3) The administrative penalty was imposed; and (4) The penalty remains unpaid. (2005, ord 05-22, sec 1.) Section 2-205. Penalties. Any person who violates this chapter or chapters 20 or 21, any rule adopted pursuant to these chapters, or any condition of a permit or variance issued pursuant to this chapter shall be fined not more than $1,000 for each separate offense. Each day of each violation shall constitute a separate offense. Any action taken in court to impose or collect the penalty provided for in this subsection shall be considered a civil action. (2005, ord 05-22, sec 1.) Section 2-206. Administrative penalties. In addition to any other administrative or judicial remedy, the director is authorized to impose by order the penalties specified in section 2-205. If any party is aggrieved by the decision of the commission, the party may appeal in the manner provided in chapter 91 to the circuit court; provided that the operation of a cease and desist order will not be stayed on appeal unless specifically ordered by a court of competent jurisdiction. (2005, ord 05-22, sec 1.) Section 2-207. Environmental management commission. (a) There shall be an environmental management commission consisting of nine members who shall be appointed by the mayor and confirmed by the council. One member shall be a resident of each council district. The terms of the members shall be as prescribed in section 13-4 of the Hawai`i County Charter. (b) The environmental management commission shall advise the department on solid waste and wastewater programs, waste reduction strategies, recycling, litter control, community involvement, and other issues, including any pilot project or program, related to the functions of the department, and shall exercise any other powers related to the functions of the department that may be delegated to it by ordinance. The commission shall also provide its comments and recommendations on these matters to the council. The commission shall hear and determine appeals from decisions of the director, including orders and denials of variances. (c) The council shall refer any bill for an ordinance to amend chapter 20 or chapter 21 of this Code to the director and the commission, with each to provide independent comments and recommendations. Additionally, the council may refer any bill for an ordinance relating to the functions and duties of the department to the director and commission, with each to provide independent comments and recommendations. In all such cases, the director and commission shall each submit to the council their independent comments and recommendations within forty-five days of receipt. SUPP. 7 (1-2020) 2-88