HomeMy WebLinkAboutBIL 191 Draft 03 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 may serve the person responsible for the violation
with a written notice of violation and order by personal service or certified mail. 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) In determining the amount of any civil fine imposed under subsection (e), the director of public works shall impose a fine proportionate to the gravity of the violation. In general,
the fine for an initial violation shall be the lowest amount appropriate to secure compliance, and the director of public works shall consider the following factors:
(1) The nature, degree, and extent of the violation, including the extent of any soil erosion, sedimentation, or discharge and any damage to adjacent property, drainageways, streams,
coastal waters, or other natural resources;
(2) Whether the violation posed a threat to public health or safety;
(3) The degree of the responsible party’s culpability, including whether the violation was willful or negligent and the party’s degree of involvement in causing or continuing the violation;
(4) Any economic benefit or savings the responsible party derived, or are reasonably expected to derive, from the violation or from noncompliance;
(5) The duration of the violation and whether it is a repeat or recurring violation;
(6) The good faith and reasonable efforts, if any, of the responsible party to correct the violation and to comply with the order; and
(7) Any other extenuating or aggravating circumstances bearing on the appropriate amount of the fine.
The director of public works shall state in the order the reasons for the amount of the civil fine imposed. The total civil fine imposed shall not exceed the maximum authorized by subsection
(e).
(g) 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.
(h) The director of public works may institute a civil action in any court of competent jurisdiction for the enforcement of any order issued pursuant to this section. Where the civil
action has been instituted to enforce a civil fine imposed by the order, the director of public works need only show that the notice of violation and order were served, that a civil
fine was imposed, the amount of the civil fine imposed, and that the fine imposed has not been paid.
(i) The director of public works shall file with the bureau of conveyances liens on all properties which have been the subject of fines levied under this section that remain unpaid
for one year or more after final adjudication and the expiration of the time for any further appeal.
(j) Fines assessed under this section shall constitute a lien upon the subject property upon the filing of said lien with the bureau of conveyances. This lien shall be considered, for
purposes of authority, to be the equivalent of liens which arise pursuant to the provisions of chapter 19 of this Code.”
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 GORO INABA, Ed.D.
Council Member
_______________, Hawai‘i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date: