How littering violations are enforced and penalties applied

(a) Any person charged with violating § 13-4.4 (a) shall be served with a citation and an order to appear before the district court. Any person charged with a first violation may, within seven days of the issuance of the citation, appear at the district court and post a bail bond in the amount of the minimum fine imposed for the offense charged, as determined by the court, for appearance at the next succeeding session of the court. Upon failure to appear at such succeeding session, the bail bond shall be deemed forfeited. The failure of such violator to make such appearance or payment within seven days shall render such person subject to charges and to the penalties prescribed in § 13-4.7 . (b) Any person violating § 13-4.3 (a)(1) or (a)(2) or violating § 13-4.4 (a)(7), shall be issued a notice of violation by the director of planning and permitting or the director’s designee mandating the removal of the litter or posted, affixed, or displayed material. Failure to remove such litter or material will subject the owners or persons in control of private property to the penalties prescribed in § 13-4.7 . A notice of violation must be served upon responsible persons either personally or by certified mail. However, if the whereabouts of such persons are unknown and the same cannot be ascertained by the director or the director’s designee in the exercise of reasonable diligence and the director or the director’s designee provides an affidavit to that effect, then a notice of violation may be served by publishing the same once each week for two consecutive weeks in a daily or weekly publication in the city pursuant to HRS § 1-28.5. )