§322-2  Ordering owner to remove. Whenever any such nuisance, foul or noxious odors, gases or vapors, water inwhich mosquito larvae exist, source of filth, or cause of sickness or diseaseis found on private property, the department of health shall cause notice to begiven to the owner to remove and abate the same at the owner's own expensewithin such reasonable time as the department may deem proper.  A duplicate ofthe notice so given shall be left with one or more of the tenants or occupantsof the premises.  If the premises are unoccupied, notice shall be mailed to thelast known place of residence of the owner if residing in the State.  If theowner resides out of the State or cannot be reached with notice speedily,notice left at the house or posted on the premises shall be sufficient.  If theowner thus notified does not comply with the notification or order of thedepartment, or its agent, within the time specified, the department or itsagent may apply to the district court of the circuit in which the property issituated for an order authorizing the department to execute and carry out thenotice or for an order to abate the nuisance and remove, destroy, or preventthe cause of the foul or noxious odors, gases or vapors, water in whichmosquito larvae exist, source of filth, or cause of sickness or disease, orother thing detrimental to public health.

The department may recover by appropriateproceedings the expenses incurred by it in the abatement, removal, destruction,or prevention, from any person who has caused or allowed the nuisances, sourceof foul or noxious odors, gases or vapors, water in which mosquito larvaebreed, source of filth, or cause of sickness or disease, or other thingdetrimental to the public health, and from any owner, tenant, or occupant ofthe premises, who, after notice, has failed to abate, remove, destroy, orprevent the nuisance, source of foul or noxious odors, gases or vapors, waterin which mosquito larvae exist, source of filth, or cause of sickness ordisease, or other thing detrimental to the public health within the timespecified in the notice.  In no case shall the department or any officer oragent thereof be liable for costs in any action or proceeding that may becommenced in pursuance of this part. [PC 1869, c 59, §10; am L 1911, c 111, §2;am L 1919, c 80, §1; RL 1925, §924; RL 1935, §1311; RL 1945, §2702; RL 1955,§47-2; am L Sp 1959 2d, c 1, §19; HRS §322-2; am L 1970, c 188, §40; gen ch1985]