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Z ONING § 25-2-22 <br />(c) A verbatim audio recording or stenographic record shall be made of the hearing and <br />shall remain on file in the office of the board of appeals. Copies of such verbatim <br />record of any hearing may be ordered by any party, with the cost thereof to be paid <br />by the party ordering such copy or copies. <br />(d) The appellant has the burden of proof in an appeal before the board of appeals. <br />(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-2-22 <br />Section 25-2-23. Standard of review. <br />The board of appeals may affirm the decision of the director, or it may reverse or <br />modify the decision or remand the decision with appropriate instructions if based upon <br />the preponderance of evidence the board finds that: <br />(1) The director erred in its decision; or <br />(2) The decision violated this chapter or other applicable law; or <br />(3) The decision was arbitrary or capricious or characterized by an abuse of <br />discretion or clearly unwarranted exercise of discretion. <br />25-2-23 <br />(1996, ord 96-160, sec 2; ratified April 6, 1999; am 1999, ord 99-112, sec 4.) <br />Section 25-2-24. Adoption of rules. <br />The board of appeals shall adopt rules pursuant to chapter 91, Hawai‘i Revised <br />Statutes, necessary for the implementation of the provisions regarding appeals. <br />(1996, ord 96-160, sec 2; ratified April 6, 1999.)25-2-24 <br />Section 25-2-25. Further appeal rights. <br />All actions of the board of appeals are final except that, within thirty days of the <br />date of the board’s written decision, any person aggrieved by the decision of the board of <br />appeals may appeal such action to third circuit court pursuant to chapter 91, Hawai‘i <br />Revised Statutes. <br />(1999, ord 99-112, sec 2.)25-2-25 <br />Division 3. Violations, Penalties, Enforcement. <br />Section 25-2-30. Violations. <br />Any approval or permit issued pursuant to the provisions of this chapter shall <br />comply with all applicable requirements of this chapter. Failure to comply with any <br />provision of this chapter, any rule adopted pursuant to this chapter, or with conditions <br />imposed as part of any approval, permit, or variance from the provisions of this chapter, <br />shall constitute a violation of this chapter. <br />(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2018, ord 18-114, sec 4.)25-2-30 <br />SUPP. 6 (7-2019) <br />25-21 <br /> <br />