Fire code violation notices, fines, and appeals

Section 1.16 of NFPA 1, as amended by the State Fire Code, is amended to read as follows: 1.16 Notice of violation and penalties. The following definitions apply to this subsection: "Fire Chief" means the County fire chief or the County fire chief's designated representative. "Property" means and includes all land and appurtenances and the buildings, structures, fences, and improvements erected on or affixed to the same; and any fixture that is erected on or affixed to the land, buildings, structures, fences, and improvements, including all machinery and other mechanical or other allied equipment and the foundations: 1. Whose use increases the value to or is necessary to the utility of the land, buildings, structures, fences, and improvements; or 2. Whose removal cannot be accomplished without substantial damage to the land, buildings, structures, fences, and improvements, excluding, however, any growing crops; or 3. Any and all wind energy conversion property that is used to convert wind energy to a form of usable energy, including a wind charger, windmill, wind turbine, tower and electrical equipment, pad mount transformers, power lines, and substation, and other components. 1.16.1 Warning notice. The fire chief may issue a warning notice before issuing a notice of violation. Issuance of a warning notice is not required if the property received any previous documented violation under this code within the past five years or received a prior documented warning notice for the same or similar violation within the past five years. Issuance of a warning notice is not required if the fire chief determines that there is an unreasonable risk of fire loss, a clear and immediate risk of fire loss, or the risk of fire loss is sufficiently immediate that delay would be dangerous to the public safety and welfare. 1.16.1.1 Any warning notice issued in accordance with this code must be served upon the owner, occupant, or other person having control over the property by registered or certified mail or by delivering the warning notice to, and leaving it with, some person of responsibility upon the property. 1.16.1.2 The warning notice must contain, at a minimum: 1. The date that the notice was issued. 2. The address of the property in violation, including the tax map key number if available. 3. The name and mailing address of the owner of the property based on County real property tax records. If the notice is also sent to an occupant or other person having control over the property, the name of that person and address of the property in violation. 4. The section number and text of the law or code provision that has been violated or the number of the permit that has been violated. 5. A description of the violation. 6. The action necessary to correct the violation and the date this action needs to be completed. 7. Any additional protections, safeguards, or other means required to render the property safe as required by law. 1.16.1.3 The fire chief may, in writing, extend the time for compliance stated in the warning notice for good cause shown by the owner, occupant, or other person having control over the property based on the submission of evidence that the violation is in the process of being corrected and a fire inspection confirms that the violation is in the process of being corrected. 1.16.2 Notice of violation and order. Whenever the fire chief determines that a property is in violation of this code or state or federal law, the fire chief may issue a written notice of violation and order, with penalties consisting of monetary fines or imprisonment, or both, to the owner, occupant, or other person having control over the property. 1.16.2.1 Any notice of violation issued in accordance with this code must be served upon the owner, occupant, or other person having control over the property by registered or certified mail or by delivering the notice of violation to, and leaving it with, some person of responsibility upon the property. 1.16.2.2 Refusal to accept the notice of violation by an owner, occupant, or other person having control of the property is not cause to invalidate the violation or the notice of violation. When acceptance of a notice of violation is refused, valid notice will be considered to have been served under this section if the methods of service in subsection 1.16.2.1 have been followed. 1.16.2.3 For unattended or abandoned locations, a copy of the notice of violation must be posted on the property in a conspicuous place at or near the entrance to that property, and the notice of violation must be mailed by registered or certified mail, with return receipt requested, to the owner of record based on County real property tax records. 1.16.2.4 The notice of violation must contain, at a minimum: 1. The date that the notice was issued. 2. The address of the property in violation, including the tax map key number if available. 3. The name and mailing address of the owner of the property based on County real property tax records. If the notice is also sent to an occupant or other person having control over the property, the name of that person and address of the property in violation. 4. If applicable, the date any warning notice or previous notice of violation was issued. 5. The section number and text of the law or code provision that has been violated or the number of the permit that has been violated. 6. A description of the violation. 7. An order to cease and desist from the violation. 8. An order describing the action necessary to correct the violation immediately, at the owner's own expense. 9. An order directing any additional protections, safeguards, or other means required to render the property safe as required by law. 10. A description of the penalties assessed, which may include a fine up to $2,500 or imprisonment up to 30 days, or both, in accordance with section 132-13, Hawaiʻi Revised Statutes. 11. The notice of violation must advise the owner, occupant, or other person having control over the property that they may, within five days from the issuance of the notice of violation, appeal the notice of violation to the County board of variances and appeals and provide information on how to initiate an appeal. 1.16.2.5 In accordance with section 123-13, Hawaiʻi Revised Statutes, each day that a violation exists or continues to exist constitutes a distinct and separate offense for which the violator may be punished, by penalty of a fine up to $2,500 or imprisonment up to 30 days, or both. First offense violations will be $1,000 per day. Any recurring offense for the same or similar violation within a five-year period will be $2,500 per day, and a maintenance plan must be submitted. Penalties for continuing violations may be assessed from the earliest known date of the violation. A separate notice of violation is not required to be served each day for a violation to be considered a separate offense. 1.16.2.6 For violations related to facility inspections, the fire chief may issue a stop work order as described in subsection 1.7.15. 1.16.2.7 An appeal to the board of variances and appeals does not stay any provision of the notice of violation, and any owner, occupant, or other person having control of the property must comply with the notice of violation and take any remedial action as ordered by the notice of violation while an appeal is pending. 1.16.2.8 The fire chief may institute a civil action in any court of competent jurisdiction for the enforcement of any notice of violation or other order issued in accordance with this code or federal or state law. When a civil action has been instituted to enforce the civil fine imposed by the order, the fire chief need only show that the notice of violation and order was 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. 1.16.2.9 The fire chief may adopt rules to implement this section. 1.16.2.10 The fire chief may suspend fines for good cause shown by the owner, occupant, or other person having control over the property based on the submission of evidence that the violation has been corrected or is in the process of being corrected, and a fire inspection confirms that the violation has been corrected or is in the process of being corrected. 1.16.2.11 Nothing limits or restricts the fire chief from instituting, on behalf of the County, any other legal or equitable proceedings, in addition to those specified, to obtain compliance with the notice of violation and to recover the costs of work from the owner, including through attaching a lien to the property and seeking a judgment to recover any fines or other costs. 1.16.3 Criminal prosecution. A. Any violation under this chapter will be punishable by a fine of no more than $2,500 or 30 days in jail, or both, in accordance with section 132-13, Hawaiʻi Revised Statutes. B. The continuation of any violation may be considered a new violation for each day that the violation continues. C. The County may maintain an action for an injunction to restrain any violation of this chapter and may take any other lawful action to prevent or remedy any violation. D. The fire chief, members of the fire prevention bureau, and officers of the police department 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 is to be construed as barring the authorized personnel from initiating prosecution by citation, by penal summons, by complaint, by warrant, or by any other judicial process as is permitted by statute or rule of court. E. Personnel making an arrest for a violation of this chapter may take the name and address of the alleged violator and issue to the alleged violator a written summons or citation, notifying the alleged violator to answer at a place and at a time provided in the summons or citation. F. There must be provided for use by authorized personnel a form of summons or citation for use in citing violators of this chapter, which does not mandate the physical arrest of violators. The form and content of summons or citation must be as adopted or prescribed by the administrative judge of the district court and must be printed on a form commensurate with the form of other summons or citations used in modern methods of arrest, designed to include all necessary information to make the summons or citation valid under the laws of the State and the County. G. In every case where a citation is issued, the original of the citation must be given to the violator, except 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. H. Every citation is to be consecutively numbered and each carbon copy must bear the number of its respective original. 1.16.4 Abatement. Where a violation creates an imminent danger, the fire chief is authorized to abate the hazard in accordance with 1.7.16. ( Ord. No. 5754 , § 3, 2024)