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(b) Negotiated Settlement <br /> If the violator seeks a negotiated settlement with the Planning Department, <br /> but waives the right to a hearing, the Planning Department, in consultation <br /> with the Office of the Corporation Counsel,shall be authorized to enter into <br /> a settlement agreement with the landowner or, if appropriate, the violator, <br /> which will cure the violation, set the fine, and allow for inspection by the <br /> Planning Department. <br /> (c) Right to Hearing <br /> A request for hearing shall be considered timely if a written request is <br /> delivered to the Planning Department within said thirty days. Upon receipt <br /> of a request t'()r a hearing, the Planning Department shall specify a time and <br /> place for the person subject to the order to appear and be heard. The hearing <br /> shall be conducted by the Board of Appeals in accordance with the <br /> provisions of Chapter 91, HRS and its rules of practice and procedure. <br /> (d) Judicial Enforcement of Order <br /> The Planning Department, in consultation with the Office of the <br /> Corporation Counsel, may institute a civil action in any court of competent <br /> jurisdiction for the enforcement of any settlement agreement or order issued <br /> pursuant to this section. <br /> Nothing in this section shall prohibit the Planning Department, through the <br /> Office of the Corporation Counsel, from filing an order or motion directly <br /> with the Court in the event that public health and safety may be at risk. <br /> 11-14 Penalties <br /> (a) Any person who violates any provision of this rule shall be liable for an <br /> initial civil fine not to exceed $10,000 per violation and a maximum daily <br /> tine of$1,000 until the violation is corrected. A civil fine may be imposed <br /> by the department after an opportunity for a hearing under Chapter 91,FIRS, <br /> unless said hearing is otherwise waived. <br /> (b) In specifying the amount of the civil and daily fines,the Planning Department <br /> shall consider the following; <br /> (1) The nature and degree of the violation; <br /> (2) Whether there are multiple violations; and <br /> (3) Whether it is a repeated violation. <br /> Planning Department Rules of Practice& Procedure 11-5 <br />