HomeMy WebLinkAboutExhibit O_v1.pdf27-35 HAWAI`I COUNTY CODE
Section 27-35. Injunctive relief.
Whenever a person, firm, or corporation has violated or continues to violate the
provisions of this chapter, notice of violation, or administrative order issued relevant to
this article, the County of Hawaii may petition the circuit court of the third district,
State of Hawaii, or the United States District Court, State of Hawaii, through the
County of Hawai`i's corporation counsel, for the issuance of a temporary or permanent
injunction, as appropriate, which restrains or compels the specific performance of the
provisions of this chapter, notice of violation, or administrative order. Such other action
as appropriate for legal and/or equitable relief may also be sought by the County of
Hawaii. A petition for injunctive relief need not be filed as a prerequisite to taking any
other action against a user.
(1993, ord 93-78, see 3.)
Section 27-36. Criminal enforcement.
A violation of the requirements of this chapter shall constitute a misdemeanor. Any
person violating the provisions of this chapter shall upon conviction be punished by a
fine of $1,000 or by imprisonment not exceeding one year, or both, except that in cases
where such offense shall continue after due notice, each day's continuance of the same
shall constitute a separate offense.
(1993, ord 93-78, sec 3.)
Section 27-37. Removal of encroachment and/or obstruction notices.
In addition to any other section, if any encroachment and/or obstruction exists,
under, over or through any portion of a drainageway, floodway, levee system or
watercourse within the County and the encroachment and/or obstruction is observed, or
a complaint made to the department of public works of the County of Hawaii, then the
department of public works shall investigate and forthwith, give notice to the owner to
remove the encroachment and/or obstruction in the manner provided in this article.
(1997, ord 97-128, sec 1; am 2007, ord 07-169, sec 22.)
Section 27-38. Removal by County; costs.
If the encroachment and/or obstruction is not removed or its removal is not
commenced and diligently prosecuted prior to the expiration of thirty days after mailing
of notice, the department of public works may proceed to remove the encroachment
and/or obstruction by itself or contract for its removal. All costs incurred in the course of
removing the encroachment and/or obstruction shall be paid by owner and the County
may institute an action to recover costs and expenses for removal of the encroachment
and/or obstruction. The County may also place alien against the encroaching and/or
obstructing parcel for any uncollected costs.
(1997, ord 97-128, see 1.)
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