Haw. Code R. § 15-16-91

Current through November, 2024
Section 15-16-91 - Definitions

As used in this subchapter, the following words and terms shall have the following meanings unless the context shall indicate another or different meaning or intent:

"Days" means calendar days unless otherwise specified.

"Repeated violation" means a recurrence of the same type of violation or of the same permit condition, at the same location, by any one or more previous violators.

"Violation" means nonconformance with respect to use, development standards, permit conditions or associated misrepresentations as follows:

(1) USE - Utilization of any structure or land for an activity not permitted in a land use zone pursuant to provisions of subchapters 1 and 2 of chapters 15-22 or 15-23.

(2) DEVELOPMENT STANDARDS - Location or construction of any structure inconsistent with standards and procedures prescribed in subchapters 1, 3, 4, and 5 of chapters 15-22 or 15-23.

(3) PERMIT CONDITIONS - Breach of a term or condition of any permit or other authorization issued pursuant to chapters 15-22 or 15-23.

(4) MISREPRESENTATIONS - Misrepresentation of fact on any application, plan or other information submitted to obtain any authorization or permit, including but not limited to representations made in affidavits, recorded covenants, parking agreements, and joint development agreements.

"Violator" means any person, persons, organization, partnership, firm, association, trust, estate, public or private corporation, or any other legal entity that has an interest in the property on which the violation occurs.

Haw. Code R. § 15-16-91

[Eff 10/3/94] (Auth: HRS §§ 91-2, 206E-4, 206E-22) (Imp: HRS §§ 206E-5, 206E-7, 206E-22)