In lieu of or in addition to enforcement pursuant to § 40-7.4(e), if the director of planning and permitting determines that any person, firm, or corporation is not complying with the notice, the director of planning and permitting may have the party responsible served, by mail or delivery, with an order pursuant to this section.
(a) Contents of order.
(1) The order may require the party responsible for the violation to do any or all of the following:
(A) Correct the violation within the time specified in the order;
(B) Pay a civil fine not to exceed $5,000 in the manner, at the place, and before the date specified in the order, after an opportunity for a hearing before the building board of appeals as provided for in subsection (b); and
(C) Pay a civil fine not to exceed $5,000 per day for each day in which the violation persists, in the manner and at the time and place specified in the order, after an opportunity for a hearing before the building board of appeals as provided for in subsection (b).
(2) The order shall advise the party responsible for the violation that the order shall become final 30 calendar days after the date of its delivery. The order shall also advise that the director of planning and permitting’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 director of planning and permitting in the exercise of reasonable diligence and the director of planning and permitting 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 director of planning and permitting under this section shall 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 Chapter 16. The appeal must be received in writing on or before the date the order becomes final.
(d) Judicial enforcement of order. The director of planning and permitting 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 the order, the director of planning and permitting need only show that the notices 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.
(1990 Code, Ch. 41, Art. 10, § 41-10.5) (Added by Ord. 90-92; Am. Ords. 13-9, 15-21)