(a) Contents of the notice of order.
(1) In addition to any other information or requirements deemed appropriate by the building official, the notice of order must include a copy of the applicable notice of violation issued by the building official for the violation.
(2) The notice of order may require the persons responsible for the violation to do any or all of the following:
(A) Correct the violation at the person’s own expense before a date specified in the order;
(B) Except as provided in paragraph (C), 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 beyond the date specified in subparagraph (i), in the manner and at the time and place specified in the order;
(C) If a building or structure, or portion thereof, is erected, constructed, enlarged, altered, improved, or converted without the required permit; and a notice of violation contains a directive that the persons 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; and
(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 beyond the date specified in subparagraph (i), 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 may not be reduced nor may any portion thereof be waived by the building official.
(3) The order must advise the persons responsible for the violation that the notice of order will become final 30 calendar days after the date the notice of order was served on the persons responsible for the violation pursuant to § 16-10.1(d). The notice of order must also advise that the building official’s action may be appealed to the building board of appeals.
(b) Effect of the notice of order–right to appeal. The provisions of the notice of order issued by the building official under this section will become final 30 calendar days after the date the notice of order is served to the persons responsible for the violation pursuant to § 16-10.1
(d). The persons responsible for the violation may appeal the notice of order to the building board of appeals as provided in this chapter; provided that an appeal to the building board of appeals will not stay any provision of the notice of order requiring correction of the violation and payment of civil fines. The appeal must be received in writing on or before the date the order becomes final. A notice of order directing the persons responsible for the violation to demolish a building or structure, or portion thereof, pursuant to subsection (a)(2)(C)(iii), will be stayed until the conclusion of the appeal, including any judicial review thereof pursuant to HRS Chapter 91.
(c) Judicial enforcement of the notice of order. The building official may institute a civil action in any court of competent jurisdiction for the enforcement of any notice of order served to the persons responsible for the violation pursuant to § 16-10.1
(d). Where a civil action has been instituted to enforce the civil fine imposed by the notice of order, the building official need only show that the notice of violation and the notice of 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.
(d) Report. The building official shall, upon issuance of a notice of order pursuant to subsection (a)(2)(C), submit a report to the State department of commerce and consumer affairs. The report must at a minimum contain the following information:
(1) The date of the notice of order;
(2) The 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 a directive of the building official in a notice of order under subsection (a)(2)(C) for the responsible persons to suspend work due to lack of a required permit;
(3) A concise description of the violation; and
(4) The penalty imposed.
(e) Nothing in this section will preclude the building official from seeking any other remedy available by law.
(1990 Code, Ch. 16, Art. 10, § 16-10.4) (Added by Ord. 90-57; Am. Ords. 96-58, 12-34, 15-16, 18-33, 24-17)