How the county enforces building code violations

(a) In lieu of, or in addition to other enforcement actions initiated pursuant to the construction code, whenever the authority having jurisdiction determines that any person has violated or is violating this code or any permit or variance issued pursuant to this code, the authority having jurisdiction shall serve a written notice of violation and order upon the parties responsible for the violation. At a minimum, the owner of the property where the violation is located shall be deemed to be a responsible party. Additional responsible parties may include, but shall not be limited to, any lessee or tenant, or both, of the property where the violation is located. (b) The notice of violation shall include at a minimum, the following information: (1) Date of the notice; (2) Name and address of the party noticed; (3) Section number or citation of the law, standard, permit, or variance that was violated; (4) Nature of the violation; (5) Location, date, and time of the violation; and (6) The deadline to correct the violation or provide the authority having jurisdiction with periodic progress reports detailing corrective measures taken to correct the violation by specified deadlines. (c) The order may require the party responsible for the violation to do any or all of the following: (1) Cease and desist from the violation, including but not limited to, immediately stopping all work whether for failure to obtain a required permit or for violation of the requirements of any permit or variance issued pursuant to the construction code; (2) Correct the violation, at the party’s own expense, before a date specified in the order; SUPP. 11 (1-2022) 5-46 CONSTRUCTION ADMINISTRATIVE CODE § 5-10-2 (3) Provide the authority having jurisdiction with periodic progress reports detailing corrective measures taken to correct the violation by specified deadlines; (4) Pay a civil fine not to exceed $1,000 in the manner, at the place and before the date specified in the order; or (5) 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. (d) The order shall advise the party responsible for the violation that: (1) The order shall become final thirty days after the date of delivery; and (2) The order may be appealed to the board of appeals, which must receive the appeal in writing on or before the date the order becomes final. An appeal to the board of appeals shall not stay any provision of the order. (e) Effect of order; right to appeal. (1) The order is effective upon delivery and the party responsible for the violation is required to comply with the order from the date that they receive notice of the order. (2) The order shall become final thirty days after the date of delivery. The order may be appealed to the board of appeals. An appeal of the order must be received in writing by the board of appeals on or before the date the order becomes final. An appeal to the board of appeals shall not stay any provision of the order. (f) Service. The party responsible for the violation shall be served with the notice of violation and order. Service shall be by personal service, certified mail, by posting a copy of the notice of violation and order at the site of the violation, or by publication. Service by publication shall be effected through publication once a week for two consecutive weeks, in a daily publication in the County pursuant to section 1-28.5, Hawai‘i Revised Statutes. (g) Judicial enforcement of order. The authority having jurisdiction may institute a civil action in any court of competent jurisdiction for the enforcement of any final order issued pursuant to this article. Where the civil action has been instituted to enforce the civil fine, recover County costs, or both, as imposed by such final order, the authority having jurisdiction need only show that: (1) The notice of violation and order were served; (2) A civil fine, County costs, or both were imposed; (3) The amount of the civil fine, County costs, or both that were imposed; and (4) The fine, County costs, or both have not been paid. (2020, ord 20-61, sec 2.) 5-10-2