Chapter 10 Erosion and Sedimentary control

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§ 10-4 HAWAII COUNTY CODE (b) The County may enforce payment of such cost in any manner provided by law, including proceedings under chapter 507, part II, Hawaii Revised Statutes. For the purposes of the operation of part II of chapter 507, Hawaii Revised Statutes, the permittee shall be deemed to come within the definition of"owner" as defined in said chapter; the County shall be deemed to come within the definition of"general contractor" as defined in that chapter and the execution of work specified in the notice shall be deemed a contract between the permittee and the County. (1983 CC, c 10, art 1, sec 10-4; am 2001, ord 01-108, sec 1.) Section 10-5. Waivers. In all applicable cases, if a permittee, supported by accompanied engineer's report, finds that strict adherence to the provisions of this chapter causes undue hardship or practical difficulty, the permittee may seek waivers from these provisions and the director of public works may grant a waiver with conditions if the director finds that the request will not likely create any problems to the adjoining properties nor endanger any life or limb nor be in conflict with existing ordinances and statutes. (1983 CC, c 10, art 1, sec 10-5; am 2001, ord 01-108, sec 1.) Section 10-6. Appeals. Any person aggrieved by the decision of the director of public works in the administration or application of this chapter, may, within thirty days after the director of public works' decision, appeal the decision to the board of appeals. The board of appeals may affirm the decision of the director of public works or it may reverse or modify the decision if the decision is: (a) In violation of this chapter or other applicable law; (b) Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or (c) Arbitrary, or capricious, or characterized by an abuse of discretion or clearly unwarranted exercise of discretion. The board of appeals shall adopt rules pursuant to chapter 91, Hawaii Revised Statutes, necessary for the purposes of this section. (1983 CC, c 10, art 1, sec 10-6; am 2001, ord 01-108, sec 1.) Section 10-7. Liability. The provisions of this chapter shall not be construed to relieve or alleviate the liability of any person for damages resulting from performing, or causing to be performed, any grading, grubbing or stockpiling operation. The director of public works or any employee charged with the enforcement of this chapter, acting in good faith and without malice for the County in the discharge of their duties, shall not thereby render themselves liable personally and they are hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any required act or omission in the discharge of their duties. (1983 CC, c 10, art 1, sec 10-7; am 2001, ord 01-108, sec 1.) 10-4