How the county enforces code violations with fines and orders

In lieu of, or in addition to, enforcement by criminal prosecution, if the director of public works, the director of environmental management, the director of water supply, or the planning director determines that any person is violating or has violated any provision of titles 8, 12, 14, 16, 18, 19, and 20 of this code, any rules adopted thereunder, or any permit issued thereto, the director with jurisdiction over the relevant ordinance, rule, or permit, shall have the person served by mail with proof of mailing or personal delivery, with a notice of violation and order pursuant to this chapter and such administrative rules as the director may adopt. If service by mail or personal delivery fails, the director shall provide service by posting the notice of violation and order in a conspicuous place on the property where the violation is occurring or occurred, or at the last known address of the violator, or by publishing a notice at least once per week for two consecutive weeks in a newspaper of general circulation in Maui County. A. Contents of the notice of violation. The notice shall include at least the following information: 1. Date of the notice. 2. The name and address of the person noticed. 3. The section number of the provision or rule, or the number of the permit that has been violated. 4. The nature of the violation. 5. The location and date of the violation. B. Contents of the order. 1. The order shall require the person to do one or more of the following: a. Cease and desist from the violation. b. Correct the violation at the person's own expense before a date specified in the order. c. Pay a civil fine not to exceed $1,000 in the manner, at the place, and before the date specified in the order, except that the initial civil fine shall not exceed $20,000 for the operation of a bed and breakfast home, short-term rental home, transient vacation rental, or other transient accommodation, without a permit that is required for the operation, unless a higher fine is authorized by State law. d. 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, except that the daily civil fine shall not exceed $10,000 for the operation of a bed and breakfast home, short-term rental home, transient vacation rental, or other transient accommodation, without a permit that is required for the operation, unless a higher fine is authorized by State law. e. Pay a civil fine not to exceed 1 percent of the project cost as provided in subsection 20.08.260 (E)2 of this code. 2. The order shall advise the person that the order shall become final unless an appeal is filed with the board of variances and appeals within thirty days after the date of its mailing or delivery. C. Effects of order; right to appeal. The provisions of the order issued by the director of public works, the director of environmental management, the director of water supply, or the planning director under this section shall become final unless an appeal is filed with the board of variances and appeals within the thirty-day period. However, an appeal to the board of variances and appeals shall not stay any provision of the order. D. Collection of unpaid civil fines. In addition to any other procedures for the collection of civil fines available to the county by law or rules of the court, the county may add unpaid civil fines as herein defined to any county taxes, fees or charges except for residential water or sewer charges. E. Judicial enforcement of order. The director of public works, the director of environmental management, the director of water supply, or the planning director may institute a civil action in any court of competent jurisdiction for the enforcement of any order issued pursuant to this section. Where the civil action has been instituted to enforce the civil fine imposed by said order, the director or agency need only show that the notice of violation and order were 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. ( Ord. No. 5001 , § 2, 2019; Ord. No. 3621, § 1, 2009; Ord. 2684 § 26, 1998: Ord. 2521 § 1, 1996: Ord. 2205 § 1, 1992: Ord. 2032 § 5 (part), 1991)