HomeMy WebLinkAboutORD 2008-066 2006-2008COUNTY OF HAWAII
STATE OF HAWAII
08 sb ILL NO. z6s
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 2, DIVISION 3, SECTION
25-2-35, HAWAII COUNTY CODE, 1983 (2005 EDITION) RELATING TO
ADMINISTRATIVE ENFORCEMENT.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose and intent. The purpose of this ordinance is to provide for
assessment of fines for violations of the zoning code during the appeal process. As
Section 25-2-35(f) is currently written, the provisions of the director's order (including
fines) are stayed until a final decision is reached by the board of appeals. This allows the
violator to continue to violate the zoning code without being assessed a fine until the
appeal process has been concluded and the violator loses the appeal. This ordinance will
amend Section 25-2-35(f) to allow the department to assess a fine during the appeal
process and impose the accrued fine if the violator loses the appeal. The City and County
of Honolulu's zoning code contains the same language proposed by this ordinance and
has been upheld by the Hawaii Supreme Court as constitutional.
SECTION 2. Chapter 25, article 2, division 3, section 25-2-35, Hawaii County
Code 1983 (2005 edition), relating to administrative enforcement is amended as follows:
"Section 25-2-35. Administrative enforcement.
(a) In lieu of or in addition to enforcement pursuant to sections 25-2-31, 25-2-
32, and 25-2-34, if the director determines that any person is violating any
provision of this chapter, any rule adopted thereunder, or any permit
issued pursuant thereto, the director may have the person served by
personal service or by certified mail, with a notice of violation and order
pursuant to this section. The director may also have a copy of the notice
of violation and order posted at the building site.
(b) The notice of violation shall include at least the following information:
(1) Date of the notice;
(2) Name and address or the person noticed;
(3) Section number of the provision, or rule, or the permit which has
been violated;
(4) Nature of the violation; and
(5) Location and time of the violation.
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(c) The order may require the person to do any or all of the following:
(1) Cease and desist from the violation;
(2) Correct the violation at the person's own expense before a date
specified in the order;
(3) Pay a civil fine not to exceed $500 in the manner at the place and
before the date specified in the order;
(4) Pay a civil fine not to exceed $500 per day for each day in which
the violation persists, in the manner and at the time and place
specified in the order.
(d) The order shall advise the person that the order shall become final thirty
days after the person's receipt of the order, unless the director's decision is
appealed to the board of appeals within the thirty-day period.
(e) The provisions of the order issued by the director under this section shall
become final thirty days after the receipt of the order, unless the director's
action is appealed to the board of appeals as provided in this section.
(f) Any person adversely affected by any order issued under this section, may
within thirty days after the service of the order, appeal the order to the
board of appeals as provided by section [3-~-~]6-10.2, County Charter and
sections 25-2-20 through 25-2-24. An appeal to the board of appeals shall
not stay the provisions of the director's order pending the final decision of
the board of appeals.
(g) The director 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 the civil fine
imposed by said order, the director 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.
(h) Annually, on September 1, the director shall file with the bureau of
conveyances, liens on all properties which have been the subject of fines
levied under this section, which remain unpaid for one year or more after
final adjudication and the expiration of the time for any further appeal.
(i) 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
liens which arise pursuant to the provisions of chapter 19 of this Code."
SECTION 3. Material to be deleted is bracketed and struck through. New
material is underscored.
SECTION 4. In the event that any portion of this ordinance is declared invalid,
such invalidity shall not affect the other parts of this ordinance.
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SECTION 5. This ordinance shall take effect upon its approval.
INTRODUCED BY:
~~
COUNCIL MEMB ,COUNTY OF AWAI`I
Kona,Hawai`i
Date of Introduction:
Date of ls` Reading:
Date of 2"a Reading:
Effective Date:
April 9, 2008
April 9, 2008
April 22, 2008
May 8, 2008
REFL-°RehlCE: Comm. 1077
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OFFICE OF THE COUNTY CLERK
County of Hawaii
Kona, Hawaii
Introduced By: K. Angel Pilago
Date Introduced: April 9, 2008
First Reading' April 9, 2008
Published. April 18, 2008 _
REA9~I RK.S
Second Reading April 22, 2008
fo Mayor. Apr il 30, 2008
Returned. May
__ 9, 2008
_---
Effectivc: May 8, 2008
Published: May 15, 2008
RF.M.AXK.S.
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C LL T
A N EX
Ford ~,"-'
Higa ~ =~~
Hoffmann X
Ikeda X
Jacobson X
Naeole X
Pilago X
Yagong X
Yoshimoto X
9 0 0 0
ROLL CALL VOTE
AYES NOES ABS EX
Ford X
Higa X
Hoffmann X
Ikeda X
Jacobson X
Naeole X
Pilago X
Yagong X
Yoshimoto X
9 0 0 0
DO HERF..'L3Y ('h_'RTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
APPROVED AS TO ~~ ~~~
FORM LEGALIT
COUNCIL CHA/RMAN
DEPUTY C R ORATI COON L
COUNTY O HAWAII
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265
Bill No.:
C-1077/PC-78
Reference:
Ord No.:
0~ 66