Any approval or permit issued pursuant to the provisions of this title shall comply with all applicable requirements of this article. (Ord. 2032 § 5 (part), 1991)

A. Any person convicted of a violation of this title shall be sentenced as follows:

1. For a first offense, by a fine not exceeding $1,000 and one of the following:

a. Thirty-two hours of community service, as authorized by and defined in section 706-605(1)(f) of the Hawaii Revised Statutes, as amended, or

b. Forty-eight hours imprisonment.

2. For a second offense which occurs within five years of any prior conviction for violation of this title, by a fine not exceeding $1,000 and one of the following:

a. Sixty-four hours of community service as authorized by and defined in section 706-605(1)(f) of the Hawaii Revised Statues, as amended, or

b. Ninety-six hours of imprisonment.

3. For a subsequent conviction which occurs within five years of any two prior convictions under this title by a fine of not less than $500 but not exceeding $1,000 and one of the following:

a. Not less than sixty-four hours but not exceeding one hundred and forty hours of community service as authorized by and defined in section 706-605(1)(f) of the Hawaii Revised Statutes, as amended, or

b. Not less than ninety-six hours but not exceeding thirty calendar days imprisonment.

B. After a conviction for a first violation under this title, each further day of violation shall constitute a separate offense if the violation is a continuance of the subject of the first conviction.

C. The imposition of a fine under this section shall be controlled by the provisions of the Hawaii Penal Code relating to fines, section 706-641 through 706-645 of the Hawaii Revised Statutes.

D. The county may maintain an action for an injunction to restrain any violation of the provisions of this title and may take any other lawful action to prevent or remedy any violation.

E. Any personnel authorized by the director of public works 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 penal summons, by complaint, by warrant or such other judicial process as is permitted by statute or rule of court.

F. Any personnel authorized by the director of public works making an arrest for a violation of this title may take the name and address of the alleged violator and shall issue to the alleged violator a written summons or citation, notifying the alleged violator to answer at a place at a time provided in the summons or citation.

G. There shall be provided for use by authorized personnel a form of summons or citation for use in citing violators of this title 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 summons or citations used in modern methods of arrest, so designed to include all necessary information to make the same valid under the laws and regulations of the state and the county.

H. 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 the giving to the violator of a carbon copy of the citation and provide for the disposition of the original and any other copies.

I. Every citation shall be consecutively numbered and each carbon copy shall bear the number of its respective original. (Ord. 2032 § 5 (part), 1991)

In lieu of, or in addition to, enforcement by criminal prosecution, if the director of public works determines that any persons are violating any provision of titles 12, 14, 16, 18, 19 and 20 of this code, any rules adopted thereunder, or any permit issued thereto, the director may have the person served, by mail or personal delivery, with a notice of violation and order pursuant to this chapter and such administrative rules as the director may adopt.

A. Contents of the notice of violation. The notice shall include at least the following information:

1. Date of the notice;

2. The name and address of the person noticed;

3. The section number of the provision or rule, or the number of the permit which has been violated;

4. The nature of the violation; and

5. The location and time of the violation.

B. Contents of the order.

1. 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 before a date specified in the order,

c. Pay a civil fine not to exceed $1,000 in the manner, at the place, and before the date specified in the order,

d. Pay a civil fine not to exceed $1,000 per day for each day in which the violation persists, in the manner and at the time and place specified in the order, and

e. Pay a civil fine not to exceed one percent of the project cost as provided in section 20.08.260.E.2 of this code.

2. The order shall advise the person that the order shall become final thirty days after the date of its mailing or delivery. The order shall also advise that the director’s action may be appealed to the board of variances and appeals.

C. Effect of order; right to appeal. The provisions of the order issued by the director of public works under this section shall become final thirty days after the date of the mailing or delivery of the order. The person may appeal the order to the board of variances and appeals as provided for in this article. However, an appeal to the board of variances and appeals shall not stay any provision of the order.

D. Collection of unpaid civil fines. In addition to any other procedures for the collection of civil fines available to the County by law or rules of the court, the County may add unpaid civil fines as herein defined to any County taxes, fees or charges except for residential water or sewer charges.

E. Judicial enforcement of order. The director of public works 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 director or agency 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 appealed in a timely manner nor paid. (Ord. 2684 § 26, 1998: Ord. 2521 § 1, 1996: Ord. 2205 § 1, 1992: Ord. 2032 § 5 (part), 1991)