BIL 319 Draft 01 2006-2008 - Laserfiche WebLink

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COUNTY OF HAWAII ORDINANCE NO. STATE OF HAWAII BILL NO. 319 AN ORDINANCE AMENDING CHAPTER 5, ARTICLE 1, SECTION 5- 1.0.8, OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO THE USE OF TENTS OR OTHER TEMPORARY STRUCTURES AS LONG AS THERE IS ADEQUATE SANITATION AND AN ACTIVE BUILDING PERMIT. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Purpose and findings. The purpose of this bill is to allow property owners to reside on their land in a tent or other temporary structure, as long as there is adequate sanitation and there is an active building permit. The length of an active building permit is three years. This bill will decriminalize people who currently live on their land in tents (or other temporary structures) while they build permanent structures. The bill also addresses the current health concern of pit latrines on home sites by requiring portapotties, compost toilets, cesspools, or septic tank systems for inhabitance. SECTION 2. Chapter 5, Article 1, Section 5- 1.0.8, Subsection (c), Hawaii County Code 1983 (2005 Edition, as amended), is amended to read as follows: "(c) Temporary Permit Required. No person, firm, or corporation shall erect any tent or mobile structure which is to be used for commercial or religious purposes, such as rallies, festivals, amusements, and sideshows, without first obtaining a temporary permit for the tent or structure from the building official. To secure a permit, approval must also be obtained from the chief of the fire department. A permit for a tent or mobile structure shall be limited to a period of not more than thirty consecutive days and may be canceled for cause by the building official or the fire department at any time before expiration of the time stated in the permit. Upon cancellation or upon the expiration of the time stated in the permit the structure or structures shall be promptly removed. However, the permit may be renewed when approved by the building official. [ tent e .] A property owner may use a tent of canvas plastic or similar material for a temporary residence as long as there is adequate sanitation and an active building permit, or for three years while constructing a permanent home. For the purposes of this section "adequate sanitation" means aportapotty, compost toilet, cesspool, or septic tank system.