2008-02-01 TPDBOA - Laserfiche WebLink

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WATANABE: I thought you were from California, not Texas. WOODWARD: I lived 22 years in Texas. WATANABE: Do we have any further questions on this? Mr. Iwashita? IWASHITA: Thank you, Mr. Chair. So this language is it intended just to the fines or - ? I guess, cause I’m not really familiar with any other provisions of a violation notice. But is this just intended for fines or for other kinds of provisions? YUEN: It would really just apply to the fines because we, to actually stop -. We give somebody a violation notice that says that they’re supposed to stop. But if they continue they only, we have only two choices: One is that they’re getting a daily fine; and then we can go to Court for an injunction. But we don’t have the power to physically make somebody stop. But say the Court, if somebody doesn’t stop, eventually you’re in contempt of court and eventually there are sheriffs and there’s police; and then you get to that point. So as a practical matter this only affects the running of a fine. Now, again, if we had something really urgent, even at the present time we could go and get an injunction against somebody. That, but if somebody, you know, we see a serious violation that we think needs to be stopped right away and we cite with a notice of violation and the person keeps doing it, if you think about the physical aspect of when somebody, you give somebody a piece of paper that tells them to stop doing what they’re doing and they keep doing it and you’d have to take it to the next level, we don’t have the ability to use force to make them actually stop. WATANABE: So the only times you would it consider urgent is say like when you have irreparable harm or what is deemed to be irreparable harm to either the environment or surrounding neighborhood? YUEN: Right, right. WATANABE: Okay, okay. Yes, Mr. Iwashita. IWASHITA: If the intent is that it’s to apply to fines, then can we limit the language to fines? Cause, you know, some creative lawyer might come along and make some kind of argument that, you know, like Ivan. But if it’s intended just to apply the fine aspect of a violation notice then it’d be my preference that the language be limited to that aspect. WATANABE: Would you care to comment or maybe, cause we’re not going to make a decision today, possibly think that over? And if you decide in favor maybe you could present a revision at the subsequent meeting in West Hawaii. YUEN: We could have our Deputy Corporation Counsel look at that. WATANABE: Take a look at that. YUEN: Right. EXHIBIT D 4