HAR §15-150-33. Enforcement of shoreline setbacks

(a) The lead agency shall enforce subchapter 3 . Any structure or activity prohibited by sections 15-150-23 and 15-150-24 , that has not received a variance pursuant to subchapter 3 or complied with conditions on a variance, shall be removed or corrected . No other state or county permit or approval shall be construed as a variance pursuant to subchapter 3 . (b) Where the shoreline is affected by a manmade structure that has not been authorized with government agency permi ts required by law, if any part of t he structure is on private property, t hen for purposes of enforcement of this section, the structure shall be construed to be entirely within the shoreline area . (c) The authority of the board of land and natural resources to determine the shoreline and enforce rules established under section 183- 41, HRS, shall not be diminished by a manmade structure in violation of subchapter 3. [Eff 2/25/2000 · ~ . comp 4/17/2009; comp 11/30/2012; comp OC1 2 1 2021 (Auth : HRS §§205A-43 . 5 , 206E-8 . 5) (Imp: HRS §§91-2, 206E-8 . 5 ) §15- 150-34 Issuance of notice of violation and order. (a) If the director determines that any person is violating any provision of this chapter or any condit ion of approval issued p ursuant to this chapter , the lead agency may have the person served, by mail or personal delivery, with a notice of violation and order. (b) The notice of violation shall i nclude at least the following information : 150- 27 §15-150-34 (1) Date of the notice; (2) The name and address of the person noticed; (3) The section of the rules that has been violated; (4) The nature of the violation; and (5) The location and time of the violation . (c) The order shall advise the person that the order is cons i dered final twenty days after the date of its mailing or delivery unless written request for a hearing is mailed or delivered to the lead agency within the twenty days and may r equire the person to do any or all of the following : (1) Cease and desist from the violation; (2) Correct t he violation at the person ' s own expense before a date s pecified in the order; (3) Pay a civil fine not to exceed $100,000 in the manner, at the time, place, and before the date specified in the order; (4) Pay a civil fine not to exceed $10,000 for each day in which the violation persists, in the manner and at the time and place specified in the order, i f the person has performed any development i n violation of this chapter; or (5) Appear before the lead agency at a time and place specified in the order and answer the charges specified in the notice of violation. [Eff 2/25/2000; com:r;_ i./l7/2009; am and comp 11/30/2012; comp UCf l 1 2021 ] (Auth: HRS §§91-9, 205A-5 , 205A-32, 205A- 43.5, 206E- 8.5) (Imp: HRS §§91-2 , 206E-8.5 ) §15 - 150- 35 Effect of the order; right to a hearing . (a) The provisions of the order issued by the director pursuant to this subchapter shall become final twenty days after the date of the mailing or personal delivery of the order unless within t hose twenty days the person subj ect to the order requests in writing a hearing before the lead agency . The 150-28 §15-150-37 request for a hearing shall be considered timely if the written request is delivered or mailed and postmarked to the lead agency within the twenty days . (b) Upon receipt of the writt en request for hearing, the lead agency shall specify a time and place for the hearing, subject to the order, to appear and be heard. The hearing shall be conducted by t he lead agency in accordance with chapter 91, HRS. Following the hearing, the director may affirm, modify, or rescind the order. [Eff 2/25/2000; comp 4 / 17/20 0 9; comp 11/30/2012; comp OCi 2 1 2021 (Auth: HRS §§91-9, 91-9 . 5, 91-12 , 205A-32 , 206E-8 . 5) (Imp : HRS §§91-2, 206E- 8 . 5)