(a) Issuance of notice of violation and order. If the director determines that any person has violated § 40-6.2, the director may have the person served, by registered or certified mail, delivery, or publication in a daily newspaper of general circulation in the city, with a written notice of violation and order. If a minor has committed the violation, the director also shall serve the parents or guardians having custody of the minor.
(1) Contents of the notice of violation. The notice shall include at least the following information:
(A) Date of the notice;
(B) The name and address of the person given notice;
(C) The section number of the ordinance which has been violated;
(D) The nature of the violation; and
(E) The location of the violation and the date that the violation was discovered.
(2) Contents of the order. The order shall require the person to pay a civil fine in a stated amount, determined by the director in accordance with § 40-6.2(a), in the manner, at the place, and before the date specified in the order. The order shall advise the person that the order shall become final 30 days after the date of its mailing, delivery, or publication, unless written request for a hearing is mailed or delivered to the director within those 30 days. The order shall further advise that any parent or guardian having custody of a minor who has committed the violation is jointly and severally liable for the fine.
(b) Effect of order—right to hearing. The order issued by the director under this section shall become final 30 days after the date of mailing, delivery, or publication of the order, unless within those 30 days, the person subject to the order requests in writing a hearing before the director. The request for a hearing shall be considered timely if the written request is delivered or mailed and postmark dated to the director within those 30 days.
Upon receipt of the written 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 shall be conducted by the director or the director’s designee in accordance with HRS Chapter 91. Following the hearing, the director may affirm, modify, or rescind the order as in the opinion of the director may be appropriate.
(c) Judicial enforcement of order. The director may institute a civil action in any court of competent jurisdiction for the enforcement of any civil fine imposed by order issued pursuant to this section. Where such civil action has been instituted, the director need only show that a notice of violation and order was served, a hearing was held or the time allowed for requesting a hearing expired without such a request, that a civil fine was imposed and that the fine imposed has not been paid.
(d) Nonexclusiveness of remedies. The remedies provided in this article for enforcement of this article, or any rule adopted under this section, shall 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 such order shall be stayed on appeal, unless specifically ordered by a court of competent jurisdiction.
(1990 Code, Ch. 40, Art. 12, § 40-12.3) (Added by Ord. 96-12)