Sections:
16-10.1 Generally.
16-10.2 Notice of violation.
16-10.3 Criminal prosecution.
16-10.4 Administrative enforcement.
Sec. 16-10.1 Generally.
It is unlawful for any person, firm or corporation to erect, construct, enlarge,
alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain
any building or structure or cause or permit the same to be done
in violation of this code.
(Added by Ord. 90-57)
Sec. 16-10.2 Notice of violation.
(a) Whenever any person, firm or corporation violates any provisions of this code, the
building official shall serve a notice of violation to the party responsible for
the violation to make the building or structure or portion thereof comply with
the requirements of this code.
(b) The notice of violation shall include at least the following information:
(1) Date of the notice;
(2) The name and address of the person noticed and the location of the
violation;
(3) The section number of the ordinance, code or rule which has been violated;
(4) The nature of the violation; and
(5) The deadline for compliance with the notice.
(Added by Ord. 90-57)
Sec. 16-10.3 Criminal prosecution.
(a) General. Any person, firm or corporation violating any of the provisions of this
code shall be deemed guilty of a misdemeanor, and each such person shall
be deemed guilty of a separate offense for each and every day or
portion thereof during which any violation of any provisions of this code is
committed, continued or permitted, and upon conviction of any such violation such person
shall be punishable by a fine of not more than $1,000.00, or by
imprisonment for not more than one year, or by both fine and imprisonment.
(b) Any officer, or inspector designated by the building official, who has been deputized
by the chief of police as a special officer for the purpose of
enforcing the provisions of the building, plumbing, electrical or housing codes (hereinafter referred
to as "authorized personnel"), may arrest without warrant alleged violators by issuing a
summons or citation in accordance with the procedure specified in this section. Nothing
in this section shall be construed as barring such authorized personnel from initiating
prosecution by warrant or such other judicial process as is permitted by statute
or rule of court.
(c) Any authorized personnel designated by the building official, upon making an arrest for
a violation of the building, plumbing, electrical or housing codes, may take the
name and address of the alleged violator and shall issue to the violator
in writing a summons or citation hereinafter described, notifying the violator to answer
the complaint to be entered against the violator at a place and at
a time provided in said summons or citation.
(d) There shall be provided for use by authorized personnel, a form of summons
or citation for use in citing violators of the building, plumbing, electrical or
housing codes which does not mandate the physical arrest of such violators. The
form and content of such summons or citation shall be as adopted or
prescribed by the administrative judge of the district court and shall be printed
on a form commensurate with the form of other summonses or citations used
in modern methods of arrest, so designed to include all necessary information to
make the same valid within the laws and regulations of the State of
Hawaii and the City and County of Honolulu.
(e) In every case when a citation is issued, the original of the same
shall be given to the violator; provided, that the administrative judge of the
district court may prescribe by giving to the violator a carbon copy of
the citation and provide for the disposition of the original and any other
copies.
(f) Every citation shall be consecutively numbered and each carbon copy shall bear the
number of its respective original.
(Added by Ord. 90-57)
Sec. 16-10.4 Administrative enforcement
In lieu of or in addition to enforcement pursuant to Section 16-10.3, if
the building official determines that any person, firm or corporation is not complying
with a notice of violation, the building official may have the party responsible
for the violation served, by mail or delivery, with an order pursuant to
this section.
(a) Contents of the 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 $1,000.00 in the manner, at the
place and before the date specified in the order;
(C) Pay a civil fine not to exceed $1,000.00 per day for each day
in which the violation persists, in the manner and at the time and
place specified in the order.
(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 building official's action may be appealed to
the building board of appeals.
(b) Effect of Order--Right to Appeal. The provisions of the order issued by the
building official 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 by
Section 16-1.1, with reference to UBC Section 105. The appeal must be received
in writing on or before the date the order becomes final. However, an
appeal to the building board of appeals shall not stay any provisions of
the order.
(c) Judicial Enforcement of Order. The building official 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 said order, the building official 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.
(Added by Ord. 90-57; Am. Ord. 96-58)