(a) It is unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish, equip, use, occupy, or maintain any building or structure, or cause the same to be done, contrary to or in violation of this code.
(b) It is unlawful for any person without the necessary State licenses to erect, construct, enlarge, alter, move, improve, remove, convert, or demolish any building or structure; provided that an owner-builder may do so for residential or farm buildings or structures in strict compliance with the provisions of HRS Chapter 444 applicable to owner-builders, including but not limited to HRS §§ 444-2.5 and 444-9.1.
(c) The department shall provide owner-builders with instructions on their obligations to follow all employment, occupational safety, environmental, and tax regulations in addition to their obligations under HRS Chapter 444 and this code, and may impose reasonable conditions in addition to those already provided for by law, relating to hours of work, noise, dust, runoff, parking for workers, operation of heavy equipment, safety of workers and subcontractors, and requirements for the demolition and remediation of structures containing lead based paint, asbestos, or other potentially hazardous materials. Failure by an owner-builder to comply with reasonable conditions imposed will be deemed a violation of this code and subject to criminal and administrative enforcement to the same extent as any other violation of this code.
(d) Service of enforcement notices issued by the building official.
(1) The building official may serve an enforcement notice issued pursuant to this chapter by registered or certified mail, with return receipt requested, addressed to the last known address of each violator identified in the enforcement notice, or by delivering a copy of the enforcement notice to the violator in person.
(2) The building official also may serve an enforcement notice issued pursuant to this chapter by leaving a copy of the enforcement notice at the violator’s residence, place of employment, or usual place of business, or by physically posting a copy of the enforcement notice in a prominent location on the property that is the subject of the enforcement notice, in a conspicuous manner that is likely to be discovered.
(3) If the building official is not able to serve the enforcement notice by any of the methods described in subdivisions (1) and (2), the building official may serve the enforcement notice on one or more violators by publishing a copy of the enforcement notice once each week for two consecutive weeks in a daily or weekly publication that is in general circulation within the city.
(4) Where one or more violators identified in an enforcement notice have the same mailing address, place of residence, place of employment, or usual place of business, the delivery of one copy of the enforcement notice to that place will be effective service upon all violators named in the enforcement notice that may be served at the place the enforcement notice has been delivered. The physical posting of a copy of the enforcement notice pursuant to subdivision (2) will be effective service upon all violators named in the enforcement notice.
(1990 Code, Ch. 16, Art. 10, § 16-10.1) (Added by Ord. 90-57; Am. Ords. 18-33, 24-17)