Fines for Noncomplying Signs and How to Appeal

Notice of Violation. Whenever there is a violation of this code, the County Engineer shall serve a notice of violation to the owner of the business that is advertised by the noncomplying sign, with a copy to the owner of the property on which the noncomplying sign is located, to make the sign or portion thereof comply with the requirements of the code. Such notice of violation shall include:The date of the notice;The name and address of the person noticed, and the location of the violation;The section number of the ordinance, code or rule which has been violated;The nature of the violation; andThe deadline for compliance with the notice.The notice of violation may be served in person or by registered or certified mail or in any other manner provided by law.Administrative Fine.Any owner of the business that is advertised by the noncomplying sign, who has not complied with the notice of violation, shall be issued a citation and shall pay to the County of Kaua'i an administrative fine of fifty dollars ($50.00).All fines shall be due and payable within thirty (30) calendar days from the date of the citation.A separate offense is committed upon each day during or on which a violation occurs or continues.Any owner of the business that is advertised by the noncomplying sign, who is issued a citation and is subject to the administrative fine as provided for herein, may appeal to the Building Board of Appeals of the County of Kaua'i.The filing of a notice of appeal does not stay the alleged violator's obligation to pay the applicable administrative fines. The payment of the applicable fines shall be paid prior to the acceptance of the notice of appeal.The notice of appeal shall be filed within thirty (30) calendar days after the issuance of the citation.In the event the Building Board of Appeals finds that no violation has occurred, the County shall refund the fines paid.The decision of the Building Board of Appeals may be appealed to the Circuit Court of the Fifth Circuit as provided for in Chapter 91 (Hawai'i Administrative Procedure Act) of the Hawai'i Revised Statutes, as amended.Criminal Fines. Any person convicted of violating the requirements set forth in the written notice issued pursuant to Section 15-4.9(c) shall be punishable by a fine not exceeding five hundred dollars ($500.00). A separate offense is committed upon each day during or on which a violation occurs or continues.