In lieu of or in addition to enforcement pursuant to § 16-10.3, if the building official determines that any person, firm, or corporation is not complying with a notice of violation, the building official may have the party responsible for the violation served, by certified mail or delivery, with an order pursuant to this section.
(a) Contents of the order.
(1) The order may require the party responsible for the violation to do any of the following:
(A) Correct the violation within the time specified in the order;
(B) Except where paragraph (C) applies, pay a civil fine not to exceed:
(i) $2,000 in the manner, at the place, and before the date specified in the order; and
(ii) $2,000 per day for each day in which the violation persists, in the manner and at the time and place specified in the order;
(C) Where a building or structure, or portion thereof, is erected, constructed, enlarged, altered, improved, or converted without the necessary permit; and a notice of violation contains an instruction that the party responsible for the violation suspend work on the building or structure, or portion thereof, and work on the building or structure, or portion thereof, has nevertheless continued:
(i) Pay a civil fine equal to 10 times the building permit fee amount that would have been incurred pursuant to § 18-6.2 if the building permit had been properly obtained, or $10,000, whichever is greater, in the manner, at the place, and before the date specified in the order;
(ii) Pay a civil fine equal to 10 times the building permit fee amount that would have been incurred pursuant to § 18-6.2 if the building permit had been properly obtained, or $10,000, whichever is greater, per day for each day in which the violation persists, in the manner and at the time and place specified in the order; or
(iii) Demolish the building or structure, or portion thereof;
The civil fines issued pursuant to this paragraph cannot be reduced nor can any portion thereof be waived by the building official.
(2) The order must advise the party responsible for the violation that the order will become final 30 calendar days after the date of its delivery. The order must also advise that the building official’s action may be appealed to the building board of appeals.
(b) Service of notice of order. A notice of order must be served upon responsible persons either personally or by certified mail. However, if the whereabouts of such persons are unknown and the same cannot be ascertained by the building official in the exercise of reasonable diligence and the building official provides an affidavit to that effect, then a notice of order may be served by publishing the same once each week for two consecutive weeks in a daily or weekly publication in the city pursuant to HRS § 1-28.5.
(c) Effect of order–right to appeal. The order issued by the building official under this section will become final 30 calendar days after the date of the delivery of the order. The party responsible for the violation may appeal the order to the building board of appeals as provided in this chapter. The appeal must be received in writing on or before the date the order becomes final. An appeal to the building board of appeals does not stay any provisions of the order requiring correction of the violation and payment of civil fines. An order or provision of an order to demolish a building or structure, or portion thereof, pursuant to subsection (a)(1)(C)(iii) will be stayed until the conclusion of the appeal, including any judicial review thereof pursuant to HRS Chapter 91.
(d) Judicial enforcement of order. The building official 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 building official 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.
(e) Report. The building official shall, upon issuance of a notice of order pursuant to subsection (a)(1)(C), submit a report to the State department of commerce and consumer affairs. The report must at a minimum contain the following information:
(1) Date of the order;
(2) Name, address, and license number of any contractor, as that term is defined in HRS § 444-1, or the name and address of any owner-builder, who has supervised or performed any work on the building or structure, or portion thereof, contrary to an instruction under subsection (a)(1)(C) by the building official to the responsible party to suspend work; and
(3) Nature and description of the violation, and the penalty imposed.
(1990 Code, Ch. 16, Art. 10, § 16-10.4) (Added by Ord. 90-57; Am. Ords. 96-58, 12-34, 15-16, 18-33)