(a) Issuance of notice of violation and order. If the director determines that any person is violating this chapter, any rule adopted thereunder, any permit issued pursuant thereto, or any condition of a shoreline setback variance, the director may have the person served with a written notice of violation and order in compliance with the agency’s administrative rules.
(1) Contents of the notice of violation. The notice must include at least the following information:
(A) Date of notice;
(B) The name and address of the person given notice;
(C) The section number of the ordinance or rule that has been violated;
(D) The nature of the violation; and
(E) The location of the violation and the date and time that the violation was discovered.
(2) Contents of the order. The order may require the person to do any or all of the following:
(A) Cease and desist from the violation;
(B) Correct the violation at the person’s own expense, which may include removal of any structure and restoration of land to previous conditions;
(C) Pay a civil fine not to exceed $100,000 in the manner, at the place, and before the date specified in the order;
(D) Pay a civil fine not to exceed $10,000 per day for each day in which the violation persists, in the manner, at the place, and before the date specified in the order; and
(E) Appear before the director at a time and place specified in the order and answer the charges specified in the notice of violation.
The order must advise the person that the order will become final 30 days after the date of its service unless written request for a hearing is mailed or delivered to the director prior to expiration of the 30-day period.
(b) Effect of order-right to hearing. The order issued by the director under this section will become final 30 days after the date of the service of the order. The person in receipt of the notice may request a hearing before the director. A request for a hearing will not stay any provision of the order.
The request for a hearing will be considered timely if a written request is delivered or mailed and postmark dated to the director within the 30-day period.
Upon receipt of a request for a hearing, the director shall specify a time and place for the person subject to the order to appear and be heard. The hearing will be conducted by the director or the director’s designee in accordance with HRS Chapter 91. Following the hearing, the director or the director’s designee may affirm, modify, or rescind the order, as the director or the director’s designee deems appropriate.
(c) Judicial enforcement of order. 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 an order, the director need only show that a notice of violation and order was served, a hearing was held or the 30-day period during which a hearing may be requested had expired without such a request, a civil fine was imposed, and the fine imposed has not been paid.
The director may institute a civil action in any court of competent jurisdiction for injunctive relief to prevent violation of this chapter, any rule adopted thereunder, any permit issued pursuant thereto, or any condition of any shoreline setback variance in addition to any other remedy provided for under this chapter.
(d) Nonexclusiveness of remedies. The remedies provided in this chapter for enforcement of this chapter, any rule adopted thereunder, any permit issued pursuant thereto, or any condition of any shoreline setback variance will be in addition to any other remedy as may be provided by law.
(e) Appeal in accordance with statute. If any person is aggrieved by the order issued by the director pursuant to this section, the person may appeal the order in the manner provided in HRS Chapter 91; provided that no provision of an order will be stayed on appeal, unless specifically ordered by a court of competent jurisdiction.
(1990 Code, Ch. 23, Art. 1, § 23-1.14) (Added by Ord. 92-34) (Am. Ord. 23-3)