{"id":"DUT-HI-004","kind":"duty","level":"state","jurisdiction":"Hawaii","state":"HI","metro":"","industry":"","agency":"","eco":"","issuer":"Legislature of the State of Hawaii (codified as HRS chapter 322, Nuisances; Sanitary Regulations)","authority":"Haw. Const. art. III; HRS § 321-11(1) (rules respecting nuisances and causes of sickness or disease)","instrument":"Hawaii Revised Statutes chapter 322, Part I (Abatement of Nuisances), §§ 322-1, 322-2, 322-8 and 322-9","title":"Nuisances; Sanitary Regulations: removal and prevention; ordering owner to remove; administrative penalties; injunctive relief","dateIssued":"2017-08-17","effective":"standing throughout 2020 Q2 to 2021 Q3; the abatement procedure of § 322-2 is the procedure § 127A-13(a)(1) adopts for cleansing or repair of property at the owner\u0027s expense during an emergency","end":"standing","startDate":"2017-08-17","endDate":"2021-09-30","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["DUTY","COND","CLOSE"],"addressees":["owners or persons in control of premises; tenants and occupants (service of notice); any person who \u0027has caused or allowed\u0027 the condition"],"clause":"The department of health and its agents shall examine into all nuisances... sources of filth, and all causes of sickness or disease... which in their opinion are dangerous or injurious to health, and into any and all conditions created or existing which cause or tend to cause sickness or disease... and shall cause the same to be abated, destroyed, removed, or prevented.","enforcement":"administrative penalty \u0027not more than $10,000 for each separate offense\u0027 (§ 322-8(a)); order to correct at the violator\u0027s own expense (§ 322-8(c)); injunctive relief (§ 322-9); court order to abate and recovery of the Department\u0027s expenses (§ 322-2)","functions":[],"notes":"Every owner or occupant of premises on which a \u0027cause of sickness or disease\u0027 was found was bound, on notice from the Department, \u0027to remove and abate the same at the owner\u0027s own expense within such reasonable time as the department may deem proper,\u0027 subject to a court abatement order, recovery of the Department\u0027s expenses, an administrative penalty of up to $10,000 for each separate offense and injunctive relief.","sourceUrl":"https://data.capitol.hawaii.gov/sessions/session2017/HRS-Chapter-PDF\u0027s/HRS_0322.pdf","snapshot":"","fileExists":true,"fileBytes":30238,"grade":"primary","character":"sanitary_code_duty","description":"","collection":"DUT-HI","url":"/library/DUT-HI-004","exhibitUrl":"/exhibit/DUT-HI-004","citation":"Legislature of the State of Hawaii (codified as HRS chapter 322, Nuisances; Sanitary Regulations), Hawaii Revised Statutes chapter 322, Part I (Abatement of Nuisances), §§ 322-1, 322-2, 322-8 and 322-9 (standing) (Ex. DUT-HI-004)","stateName":"Hawaii","related":["DUT-HI-001"]}