Criminal penalties and arrest procedures for construction code violations

(a) In case the parties responsible for violating any provisions of the construction code fail, neglect, or refuse to comply or correct a violation, the authority having jurisdiction may submit the matter to the proper authority for penal enforcement. 5-47 SUPP. 9 (1-2021) (b) Any person violating any of the provisions of the construction code shall, upon conviction, be deemed guilty of a petty misdemeanor. Further, each person so convicted shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of the provisions of the construction code is committed, continued, or permitted. Upon conviction of any violation, such person shall be punishable by a fine of not more than $1,000, or by imprisonment for not more than thirty days, or by both fine and imprisonment. (c) Procedure on arrest. Any authorized personnel designated by the authority having jurisdiction, who has been deputized by the chief of police as a special officer for the purpose of enforcing the provisions of the construction code, may arrest without warrant alleged violators by issuing a summons or citation in accordance with section 803-6, Hawai‘i Revised Statutes, and the procedure specified in this section. Nothing in this section shall be construed as barring the initiation of prosecution by warrant or such other judicial process as permitted by statute or rule of court. (d) Upon making an arrest for a violation of the construction code, any authorized personnel designated by the authority having jurisdiction may take the name and address of the alleged violator and shall issue to the alleged violator in writing a summons or citation. The summons or citation shall notify the alleged violator to answer the complaint to be entered against the alleged violator at a place and at a time provided in the summons or citation. (e) Summons or citation. (1) There shall be provided for use by authorized personnel a form of summons or citation for use in citing alleged violators of the construction code that does not mandate the physical arrest of such alleged 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 applicable laws of the State of Hawai‘i and the County of Hawai‘i. (2) In every case when a citation is issued, the original of the same shall be given to the alleged violator, provided that the administrative judge of the district court may prescribe the giving to the alleged violator of a copy of the citation and provide for the disposition of the original and any other copies. (3) Every citation shall be consecutively numbered and each copy shall bear the number of its respective original. (f) The provisions of this section are in addition to any other applicable remedy or penalty provided by law. (2020, ord 20-61, sec 2.) 5-10-3 SUPP. 9 (1-2021) 5-48 CONSTRUCTION ADMINISTRATIVE CODE § 5-10-4