Planning Department Rules, Rule 11

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facilities,that result in little or no interference with natural shoreline processes. (b) An applicant who seeks processing under Section 11-11 shall make the request in writing upon submittal of the variance application. (c) The Planning Department may deny the public hearing waiver in which case the variance application shall be heard and noticed by the Planning Commission in accordance with its rule of practice and procedure. 11-12 Enforcement (a) The Planning Department shall enforce this rule. (b) Any structure or activity prohibited within the shoreline setback area that has not received appropriate approvals or a shoreline setback variance or that has not complied with conditions of said variance shall be removed or corrected. No other state or county permit or approval shall be construed as a variance. (c) Where the shoreline is affected by an artificial structure that has not been authorized with government agency permits required by law., and if any part of the structure is on private property,then for purposes of enforcement of this rule, the structure shall be construed to be entirely within the shoreline setback area. (d) The authority of the board of land and natural resources to determine the shoreline and enforce rules established under Chapter 183C, HRS shall not be diminished by an artificial structure in violation of this rule. 11-13 General Enforcement Procedures (a) Issuance of Notice of Violation and Order. The landowner and/or the alleged violator shall be notified by the Planning Department by certified or registered mail or by personal service of any alleged violation of this rule, any permit issued pursuant thereto, or any condition of a shoreline setback variance. The Notice of Violation and Order shall include, but not be limited to, the specific section of the rule which has been violated; the nature of the violation; and the remedy(ies) available. The Notice of Violation and Order may also require that the violative activity cease and desist; that a civil fine be paid not to exceed $10,000 per violation; and that a civil fine be paid not:to exceed$1,000 per day for each day in which the violation persists. The Notice of Violation and Order shall advise the person that the Order shall become final thirty days after the date of its receipt, unless written request for a negotiated settlement or a hearing before the Board of Appeals is mailed or delivered to the department within said thirty days. Planning Department Rules of Practice& Procedure 1 1-7