Enforcement and Penalties

The County Engineer or designee will have primary responsibility for enforcement of this Article through the issuance of violation notices and requests to correct or cease the violation. The County Engineer or designee is authorized to promulgate regulations and to take any and all other actions reasonably necessary to enforce this Article, including, but not limited to, entering the premises of any affected retail establishment to verify compliance.Should the retail establishment fail to comply with the requirements of this Article after reasonable notice by the County Engineer or designee, the County Engineer or designee may seek administrative imposition of a fine. The owner or legal entity holding title to the retail establishment found in violation of this Article shall be subject to civil penalties as follows: (1) two hundred fifty dollars ($250.00) per day for the first notice of violation, (2) five hundred dollars ($500.00) per day for the second notice of violation within three hundred sixty-five (365) days of the first notice, and (3) one thousand dollars ($1,000.00) per day for the third and subsequent notices of violation within three hundred sixty-five (365) days of the first notice.The County Engineer or designee must afford the retail establishment the opportunity for hearing before a hearings officer under Hawai'i Revised Statutes Chapter 91.