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<br /> <br /> <br /> <br /> <br /> <br /> BRMInitiatedFnfdo 1/18/07 <br /> <br /> COUNTY OF HAWAII PLANNING DEPARTMENT <br /> BACKGROUND AND RECOMMENDATION <br /> <br /> INITIATOR: PLANNING DIRECTOR <br /> AMENDMENT TO CHAPTER 25 (ZONING), ARTICLE 2, DIVISION 3 <br /> HAWAII COUNTY CODE (2005 EDMON. AS AMENDED) <br /> <br /> Amendment to Chapter 25 (Zoning), Article 2, Division 3, Section 25-2-35, Hawaii <br /> <br /> County Code 1983 (2005 Edition, as amended) relating to administrative enforcement. The <br /> proposed amendment states "an appeal to the board of appeals shall not stay the provisions of the <br /> <br /> (planning) director's order pending the final decision of the board of appeals." <br /> PROPOSED ACTION <br /> <br /> 1. Background: The purpose of the request is to provide for the assessment of fines for <br /> violations of the zoning code during the appeal process. As Section 25-2-35(f) is <br /> <br /> currently written, the provisions of the director's order (including fines) are stayed until a <br /> final decision is reached by the board of appeals. This allows the violator to continue to <br /> <br /> violate the zoning code without being assessed a fine until the appeal process has been <br /> concluded and the violator loses the appeal. This ordinance will amend Section 25-2-35(l) <br /> <br /> to allow the department to assess a fine during the appeal process and impose the accrued <br /> <br /> fine if the violator loses the appeal. The City and County of Honolulu's zoning code <br /> contains the same language proposed by this ordinance and has been upheld by the <br /> <br /> Hawaii Supreme Court as constitutional. <br /> Chapter 25 (Zoning), Article 2, Division 3, Section 25-2-35, Hawaii County Code <br /> <br /> 1983 (2005 Edition, as amended) is proposed to be amended as follows: <br /> Section 25-2-35. Administrative Enforcement <br /> <br /> "(f) Any person adversely affected by any order issued under this section, may within <br /> thirty days after the service of the order, appeal the order to the board of appeals <br /> <br /> as provided by section [3-b3]b-10.2- County Charter and sections 25-2-20 <br /> through 25-2-24. An appeal to the board of appeals shall not stay the provisions <br /> <br /> of the director's order pending the final decision of the board of appeals." <br /> <br /> 4- <br />