ADMINISTRATIVE RULES RELATING TO PLASTIC BAG REDUCTION FINAL 12-20-12

Home

CHAPTER 3 - Enforcement Section 3.07 - Notice of violation and order. (a) The director shall determine whether a business is in violation of the requirements of Chapter 14, Article 20, Hawaii County Code or these rules. (b) If the director determines that a business is in violation of Chapter 14, Article 20, Hawai' i County Code or these rules, the director may issue a notice of violation and order. The initial notice of violation and order shall serve as the one (1) written warning and shall not impose fines but shall wam that fines shall be imposed if the.order is not obeyed (c) The director will have responsibility for enforcement of Chapter 14, Article 20, Hawaii County Code or these rules through the issuance and service of the notice of violation and order upon the business at any of its locations where the violation occurred, or upon any authorized agent of the business. Service shall be in person or by certified mail, return receipt requested. For purposes of these rules, service of the notice of violation and order shall be deemed complete either upon personal delivery or upon mailing. 1. (d) A notice of violation and order shall state the date of the notice, the name and address of the violator, provision of law violated, a brief description of the violation, the location of the violation, including tax map key number or street address, and date of the violation. (e) The notice of violation and order shall state that the order to stop further violation shall become effective immediately and will become final unless an appeal is properly filed with the commission. The filing of an appeal with the commission shall not, in itself, stay the effect of any notice of violation and order issued by the director under these rules. (f) If the business fails to obey the order to stop further violation, the director may issue a second notice of violation and order which shall reiterate the substance of the first notice of violation and order, with such updates as may be appropriate under the circumstances, and shall include an order imposing fines as provided by these rules. The director may issue further notices of violation and order as may be necessary to effect compliance with these rules and the County Code. (g) A business may appeal a notice of violation and order issued pursuant to this section by filing with the commission a notice of appeal no later than thirty (30) days from the date of the notice of violation and order, in accordance with the commission's rules of practice and procedure. The order shall become final if an appeal is not properly filed within thirty (30) days from the date of the notice of violation and order. Section 3.08 - Judicial enforcement of order. The director may institute a civil action in any court of competent jurisdiction for the enforcement of any notice of violation and order, including seeking a temporary, preliminary or permanent injunction. Where a civil action has been instituted to enforce a civil fine imposed by an order, the director need only show that the notice of violation and order was served, that a civil fine was imposed, the amount of the civil fine imposed, and that the fine imposed has not been appealed in a timely manner nor paid.