Ordinance 05-129 - Laserfiche WebLink

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device, or appliance, and the appellant shall pay all expenses necessary for the test. The board of appeals may affirm the decision of the administrative authority, or it may reverse the decision if it finds: {(a4]I I ) That the new or alternate materials, methods of construction, equipment, fixtures, devices, or appliances meet standards established by this chapter; [a*4] {(bq(2) That permitting the requested use will not jeopardize the safety of persons or property; and {{s}}(3) That the requested use will not be contrary to the intent and purpose of this chapter." SECTION 11. Chapter 9, article 3, section 9 -19 is amended to read as follows: "Section 9 -19. Other appeals. Any person aggrieved by the decision of the administrative authority in the administration or application of this chapter, other than that prescribed in sections 9 -17 and 9 -18, may, within thirty days after the administrative authority's decision, appeal the decision to the board of appeals. The board of appeals may affirm the decision of the administrative authority, or it may reverse or modify the decision if the decision is: {{a)] (I ) In violation of this chapter or other applicable law; [9f] {(44(2) Clearly erroneous in view of the reliable, probative and substantial evidence on the whole record; or {{e4 4(3) Arbitrary, or capricious, or characterized by an abuse of discretion or clearly unwarranted exercise of discretion." SECTION 12. Chapter 9, article 3, subsection 9- 21(c), Hawaii County Code 1983 (updated June 2005), is amended to read as follows: "(c) Criminal Prosecution. (1) General. Any person, firm, or corporation violating any of the provisions of this Code shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any provisions of this Code is committed, continued, or permitted, and upon conviction of any such violation such person shall be punishable by a fine of not more than $1,000, or by imprisonment for not more than one year, or by both fine and imprisonment. (2) Any officer, or inspector designated by the building official, who has been deputized by the chief of police as a special officer for the purpose of enforcing the provisions of the electrical code (hereinafter referred to as "authorized personnel'), may issue a summons or citation in accordance with the procedure specified in this section. Nothing in this section shall be construed as barring such authorized personnel from initiating prosecution by warrant or such other judicial process as is permitted by statute or rule of court. (3) Any authorized personnel designated by the building official, upon making an arrest for a violation of the electrical code may take the name and address of the alleged violator and shall issue to the violator in writing a summons or citation hereinafter described, notifying the violator to answer the complaint to be