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<br /> <br /> <br /> <br /> <br /> ~S" luy; <br /> <br /> <br /> ••••ji•YF:1~r' <br /> <br /> County of Hawaii <br /> PLANNING COMMISSION <br /> Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 <br /> Phone (808) 961-8288 • Fax (808) 961-8742 <br /> <br /> March 6, 2008 <br /> <br /> <br /> <br /> Pete Hoffmann, Chairman <br /> and Members of the County Council <br /> 0 <br /> County of Hawaii <br /> 333 Kilauea Avenue, 2od Floor n Z <br /> Hilo, HI 96720 <br /> Dear Chairman Hoffmann and Council Members: <br /> -v , <br /> Planning Director Initiated w ty; <br /> Amendment to Chapter 25 (Zoning), Article 2, Division 3, rv <br /> Section 25-2-35, Hawaii County Code 1983 (2005 Edition, As Amended) -a <br /> Relating to Administrative Enforcement <br /> The Planning Commission at its duly held public hearing on February 22, 2008, voted to forward <br /> a favorable recommendation to the County Council on the Planning Director's request for an <br /> amendment to Chapter 25 (Zoning), Article 2, Division 3, Section 25-2-35, Hawaii County <br /> Code 1983 (2005 Edition, As Amended) relating to administrative enforcement. The proposed <br /> amendment states that "an appeal to the board of appeals shall not stay the provisions of the <br /> (planning) director's order pending the final decision of the board of appeals." <br /> <br /> The Planning Director's reasons for the request are as follows: <br /> <br /> The purpose of the request is to provide for the assessment of fines for violations <br /> of the zoning code during the appeal process. As Section 25-2-35(f) is currently written, <br /> the provisions of the director's order (including fines) are stayed until a final decision is <br /> reached by the board of appeals. This allows the violator to continue to violate the <br /> zoning code without being assessed a fine until the appeal process has been concluded <br /> and the violator loses the appeal. This ordinance will amend Section 25-2-35(f) to allow <br /> the department to assess a fine during the appeal process and impose the accrued fine if <br /> the violator loses the appeal. The City and County of Honolulu's zoning code contains <br /> the same language proposed by this ordinance and has been upheld by the Hawaii <br /> Supreme Court as constitutional. <br /> <br /> <br /> xawai'i County is an Equal Opportunity Provider and Employer <br />