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J YOSHIMOTO <br />COUNCIL MEMBER <br />Council District 3 <br />HAWAII COUNTY COUNCIL <br />County of Hawai <br />Hawai `i County Building <br />25 Aupuni Street, Suite 1402 <br />Hilo, Hawai `i 96720 <br />Phone: (808) 961 -8272 <br />Fax: (808) 961-8912 <br />Email: jyoshimoto uco.hawaii.hi.us <br />January 9, 2012 <br />TO: Dominic Yagong, Council Chair <br />and Members of the Hawai`i County Council <br />FROM: J Yoshimoto, Council Member `b'6 <br />SUBJECT: Proposed Amendments to Bill No. 270, Draft 6 (Building Code) <br />Below are proposed amendments with respect to the contents of Bill No. 270, Draft 6. These <br />amendments create a new section to address penal enforcement. The amendments are <br />illustrated via Ramseyer format and read as follows (material to be deleted is bracketed and <br />stricken; material to be added is underscored): <br />"Section 5 -61. [new] Penal enforcement. <br />La,) General Provisions. The provisions of this section are in addition to <br />any other applicable remedy or penalty provided by law. <br />Q If any person, firm or corporation violating any provisions of this code <br />fails, neglects, or refuses to comply or correct a violation, the <br />administrative authority shall utilize the administrative remedies <br />contained in section 5 -60 of this code, and if this does not resolve the <br />matter, the administrative authority may then submit the matter to the <br />proper authority for penal enforcement; however, the administrative <br />authority may submit the matter to proper authority for penal <br />enforcement without utilizing the administrative remedies in this code <br />if the violation results in imminent harm to the public health, welfare, <br />or safety. <br />fsj Any person, firm or corporation violating any provisions of this code <br />shall, upon conviction, be deemed guilty of a petty misdemeanor and <br />each person so convicted shall be deemed guilty of a separate offense <br />for each and every day or portion thereof during which any violation <br />of any provision of this code is committed, continued or permitted; and <br />upon conviction of any such violation, such person shall be punishable <br />by a fine of not more than $1,000, or by imprisonment for not more <br />than thirty days, or by both fine and imprisonment. <br />Comm. No. <br />Ref. To <br />Ref. Date <br />Hawaii County is an Equal Opportunity Provider and Employer <br />