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Chapter 22 County Streets
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7/16/2025 11:25:09 AM
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§ 22-8.2 H AWAI‘I C OUNTY C ODE <br />Section 22-8.2. Administrative enforcement. <br />(a) In lieu of or in addition to enforcement pursuant to the provisions of this chapter, if <br />the director determines that any person is violating any provision of this chapter, <br />any rule adopted pursuant to this chapter, or any conditions imposed as part of any <br />permit or variance from the provisions of this chapter, the director shall serve the <br />person with a notice of violation and order pursuant to this section. Service may be <br />accomplished through personal service or by certified mail. The director may also <br />post a copy of the notice of violation and order at the site of the violation. <br />(b) The notice of violation shall include at least the following information: <br />(1) Date of the notice. <br />(2) Name and address of the person noticed. <br />(3) Section number of the provision, rule, permit, or variance that was violated. <br />(4) Nature of the violation. <br />(5) Location and date of the violation. <br />(c) The order may require the person to do any or all of the following: <br />(1) Cease and desist from the violation. <br />(2) Correct the violation at the person’s own expense before a date specified in the <br />order. <br />(3) Reimburse the County for costs incurred during the course of performing any <br />corrective work. <br />(4) Pay a civil fine not exceeding $1,000 in the manner, at the place and before the <br />date specified in the order. <br />(5) Pay a civil fine not exceeding $1,000 per day for each day in which the <br />violation persists, in the manner and at the time and place specified in the <br />order. <br />(d) The order shall become final thirty calendar days after the person’s receipt of the <br />order, unless the director’s decision is appealed to the County board of appeals <br />within the thirty-day period. <br />(e) The provisions of the order issued by the director under this section shall become <br />final thirty days after the receipt of the order, unless the director’s action is <br />appealed to the County board of appeals as provided in this section. <br />(f) Any person adversely affected by any order issued under this section, may within <br />thirty days after the service of the order, appeal the order to the County board of <br />appeals. An appeal to the County board of appeals shall stay the provisions of the <br />director’s order pending the final decision of the board. <br />(g) The director may institute a civil action in any court of competent jurisdiction for <br />the enforcement of any order issued pursuant to this section. Where the civil action <br />has been instituted to enforce the civil fine, recover County costs, or both, as <br />imposed by said order, the director need only show that: <br />(1) The notice of violation and order were served. <br />(2) That a civil fine, County costs, or both were imposed. <br />(3) The amount of the civil fine, County costs, or both imposed. <br />(4) That the fine, County costs, or both imposed have not been paid. <br />(2002, ord 02-67, sec 2.)22-8.2 <br />22-18 <br /> <br />
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