HomeMy WebLinkAboutBIL 191 Draft 01 2024-2026V�SV 0. M
COUNTY OF HAWAI`I
ORDINANCE NO.
STATE OF HAWAI`I
BILL NO. 191
AN 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 Hawaii 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.
[ ,
punished by a fine not to exeeed $500, or- by i not to exeee— fifty days,
of both,fef e i, 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.
Hawaii
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 1058
INTRODUCED BY:
HOLEKA INABA
Council Member
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