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COUNTY OF HAWAII <br />STATE OF HAWAII <br />08 sb ILL NO. z6s <br />ORDINANCE NO. <br />AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 2, DIVISION 3, SECTION <br />25-2-35, HAWAII COUNTY CODE, 1983 (2005 EDITION) RELATING TO <br />ADMINISTRATIVE ENFORCEMENT. <br />BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: <br />SECTION 1. Purpose and intent. The purpose of this ordinance is to provide for <br />assessment of fines for violations of the zoning code during the appeal process. As <br />Section 25-2-35(f) is currently written, the provisions of the director's order (including <br />fines) are stayed until a final decision is reached by the board of appeals. This allows the <br />violator to continue to violate the zoning code without being assessed a fine until the <br />appeal process has been concluded and the violator loses the appeal. This ordinance will <br />amend Section 25-2-35(f) to allow the department to assess a fine during the appeal <br />process and impose the accrued fine if the violator loses the appeal. The City and County <br />of Honolulu's zoning code contains the same language proposed by this ordinance and <br />has been upheld by the Hawaii Supreme Court as constitutional. <br />SECTION 2. Chapter 25, article 2, division 3, section 25-2-35, Hawaii County <br />Code 1983 (2005 edition), relating to administrative enforcement is amended as follows: <br />"Section 25-2-35. Administrative enforcement. <br />(a) In lieu of or in addition to enforcement pursuant to sections 25-2-31, 25-2- <br />32, and 25-2-34, if the director determines that any person is violating any <br />provision of this chapter, any rule adopted thereunder, or any permit <br />issued pursuant thereto, the director may have the person served by <br />personal service or by certified mail, with a notice of violation and order <br />pursuant to this section. The director may also have a copy of the notice <br />of violation and order posted at the building site. <br />(b) The notice of violation shall include at least the following information: <br />(1) Date of the notice; <br />(2) Name and address or the person noticed; <br />(3) Section number of the provision, or rule, or the permit which has <br />been violated; <br />(4) Nature of the violation; and <br />(5) Location and time of the violation. <br />-1- <br />