HomeMy WebLinkAboutBIL 191 Draft 01 2024-2026AN ORDINANCE AMENDING CHAPTER 10, ARTICLE 1, SECTION 10-8, OF THE HAWAI‘I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO EROSION AND SEDIMENTATION CONTROL.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I:
SECTION 1. Chapter 10, article 1, section 10-8, of the Hawai‘i County Code 1983 (2016 Edition, as amended), is amended to read as follows:
“Section 10-8. Violations [and penalty.], penalties, and administrative enforcement.
(a) No person shall do any act forbidden, or fail to perform any act required by the provisions of this chapter.
(b) The failure to comply with the requirements set forth under the provisions of this chapter shall be deemed a new offense for each day of such noncompliance.
[(c) Any person violating any of the provisions of this chapter shall, upon conviction, be punished by a fine not to exceed $500, or by imprisonment not to exceed fifty days, or both,
for each offense.]
(c) When the director of public works determines that any person has violated or is violating any provision of this chapter, the director shall serve the person responsible for the violation
with a written notice of violation and order. At a minimum, the owner of the property upon which the violation exists shall be considered a responsible party.
(d) The notice of violation shall include at least the following:
(1) The date of the notice;
(2) The name and address of the recipient of the notice;
(3) The section of this chapter or permit that has been violated;
(4) The nature and location of the violation; and
(5) A date for correcting the violation or otherwise complying with the order.
(e) The order shall require the responsible party to do any or all of the following:
(1) Cease and desist from the violation;
(2) Correct the violation at the responsible party’s own expense before a date specified in the order;
(3) Provide periodic progress reports regarding corrective measures as may be required by the director; and
(4) Pay a civil fine not to exceed $1,000 per day for each day that the violation continues after a date specified in the order.
(f) An order issued pursuant to this section shall be effective upon service. The order shall advise the responsible party of the right to appeal the director’s decision
pursuant to section 10-6. An appeal shall not stay any requirement of the order, including the accrual of civil fines, unless otherwise ordered by the board of appeals or a court of
competent jurisdiction.
(g) The responsible party shall be served with the notice of violation and order. Service shall be by personal service, certified mail, by posting a copy of the notice of violation and
order at the site of the violation, or by publication. Service by publication shall be effected through publication once a week for two consecutive weeks, in a daily publication in
the County.”
SECTION 2. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed and stricken material, and underscoring
need not be included.
SECTION 3. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions
or applications of this ordinance that can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
_______________________________________
HOLEKA INABA
Council Member
_______________, Hawai‘i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date: