(a) Except as otherwise provided in this article, any person found guilty of violating this article or any rule adopted pursuant to this article shall be guilty of a violation. The person shall be ordered to pay the city for the cost of litter removal and shall pay a criminal fine of not more than $500 for each offense, or ordered to pick up and remove litter from a public place, as provided by HRS § 339-8, or both.
(b) For violations of § 13-4.3(a)(1) or (2) and violations of § 13-4.4(a)(7), in lieu of or in addition to the penalties prescribed in subsection (a), if the director of planning and permitting determines that any person, firm, or corporation is not complying with a notice of violation, the director of planning and permitting may have the party responsible for the violation served, by certified mail or delivery, with an order pursuant to this subsection.
(1) Contents of the order.
(A) The order may require the party responsible for the violation to do any or all of the following:
(i) Correct the violation within the time specified in the order;
(ii) Pay a civil fine not to exceed $500 in the manner, at the place and before the date specified in the order; and
(iii) Pay a civil fine not to exceed $500 per day for each day in which the violation persists, in the manner and at the time and place specified in the order.
(B) The order shall advise the party responsible for the violation that the civil fine, if unpaid within the prescribed time period, can be added to specified fees, taxes, or charges collected by the city.
(C) 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 the party responsible for the violation that the order may be appealed to the building board of appeals.
(2) 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.
(3) Effect of order—right to appeal. The order issued by the director of planning and permitting under this subsection 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. The appeal must be received in writing by the building board of appeals on or before the date the order becomes final. However, an appeal to the building board of appeals shall not stay any provision of the order except the imposition of a civil fine. No civil fine shall be imposed once an order has been appealed until a hearing has been held pursuant to HRS Chapter 91, and a decision upholding the fine has been rendered.
(4) 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 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.
(c) Any person violating § 13-4.4(b) or (c) shall be guilty of a petty misdemeanor and shall be ordered to pay the city for the cost of litter removal.
(Sec. 26-11.8, R.O. 1978 (1987 Supp. to 1983 Ed.)) (1990 Code, Ch. 29, Art. 4, § 29-4.8) (Am. Ords. 97-13, 02-37, 15-20)