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Ordinance 07-084
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Ordinance 07-084
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8/30/2011 12:10:16 PM
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8/30/2011 12:08:12 PM
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(b) Any officer or inspector designated by the administrative authority, who has been <br />deputized by the chief of police as a special officer for the purpose of enforcing the provisions of <br />the building, plumbing, electrical or housing codes (hereinafter referred to as "authorized <br />personnel'), may arrest without warrant alleged violators by issuing a summons or citation in <br />accordance with the procedure specified in this section. Nothing in this section shall be construed <br />as barring such authorized personnel from initiating prosecution by warrant or such other judicial <br />process as is permitted by statute or rule of court. <br />(c) Any authorized personnel designated by the administrative authority, upon making an <br />arrest for a violation of the building, plumbing, electrical or housing codes, may take the name <br />and address of the alleged violator and shall issue to the violator in writing a summons or citation <br />hereinafter described, notifying the violator to answer the complaint to be entered against the <br />violator at a place and at a time provided in the summons or citation. <br />(d) There shall be provided for use by authorized personnel a form of summons or citation <br />for use in citing violators of the building, plumbing, electrical or housing codes which does not <br />mandate the physical arrest of such violators. The form and content of such summons or citation <br />shall be as adopted or prescribed by the administrative judge of the district court and shall be <br />printed on a form commensurate with the form of other summonses or citations used in modern <br />methods of arrest, so designed to include all necessary information to make the same valid within <br />the laws and regulations of the State of Hawaii and County of Hawaii. <br />(e) In every case when a citation is issued, the original of the same shall be given to the <br />violator; provided, that the administrative judge of the district court may prescribe by giving to <br />the violator a copy of the citation and provide for the disposition of the original and any other <br />copies. <br />(f) Every citation shall be consecutively numbered and each copy shall bear the number of its <br />respective original. <br />Section 17 -36. Injunctive action. <br />The County of Hawaii may maintain an action for an injunction to restrain or remedy any <br />violation of the provisions of this code and may take any other lawful action to prevent or <br />remedy any violation. <br />Section 17 -37. Dangerous and insanitary construction. <br />(a) Any portion of a plumbing system found by the administrative authority to be insanitary <br />as defined herein is hereby declared to be a nuisance. "Insanitary" means a condition which is <br />contrary to sanitary principles or is injurious to health. Conditions to which "insanitary" shall <br />apply include, but are not limited to, the following: <br />(1) Any trap which does not maintain a proper trap seal. <br />(2) Any opening in a drainage system, except where lawful, which is not provided <br />with an approved water - sealed trap. <br />(3) Any plumbing fixture or other waste discharging receptacle or device, which is not <br />supplied with water sufficient to flush it and maintain it in a clean condition. <br />10 <br />
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