The COVID Project
The record
- Jurisdiction
- Hawaii
- Level
- State
- Authority
- Haw. Const. art. III; HRS § 321-11(1) (rules respecting nuisances and causes of sickness or disease)
- Issued
- 2017-08-17 Aug. 17, 2017
- 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's expense during an emergency (read as 2017-08-17)
- End
- standing (read as 2021-09-30)
- In force
- Standing since Aug. 17, 2017 (a statutory duty; in force throughout the six quarters)
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Business closureStanding dutyOperating condition
- Addressees
- owners or persons in control of premises; tenants and occupants (service of notice); any person who 'has caused or allowed' the condition
- Character
- sanitary code duty
- Collection
- Standing duties: Hawaii DUT-HI
Operative words
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.
Penalty
administrative penalty 'not more than $10,000 for each separate offense' (§ 322-8(a)); order to correct at the violator's own expense (§ 322-8(c)); injunctive relief (§ 322-9); court order to abate and recovery of the Department's expenses (§ 322-2)
What it required
Every owner or occupant of premises on which a 'cause of sickness or disease' was found was bound, on notice from the Department, 'to remove and abate the same at the owner's own expense within such reasonable time as the department may deem proper,' subject to a court abatement order, recovery of the Department's expenses, an administrative penalty of up to $10,000 for each separate offense and injunctive relief.
Retrieval note§ 322-2: 'Whenever any such nuisance... source of filth, or cause of sickness or disease is found on private property, the department of health shall cause notice to be given to the owner to remove and abate the same at the owner's own expense within such reasonable time as the department may deem proper... If the owner thus notified does not comply with the notification or order of the department, or its agent, within the time specified, the department or its agent may apply to the district court... for an order to abate the nuisance and remove, destroy, or prevent the cause of... sickness or disease, or other thing detrimental to public health.' § 322-8(b): 'The director of health may impose by order the administrative penalty specified in this section... It is presumed that the violator's economic and financial conditions allow payment of the penalty and the burden of proof to the contrary is on the violator.' § 127A-13(a)(1) (Ex. DUT-HI-001) makes this the procedure for emergency cleansing or repair 'at the expense of the owner.'.