2008-02-22 TPDBOA - Laserfiche WebLink

Home

TORIGOE: Mr. Chairman. You know what’s strange is that my understanding is that the City and County of Honolulu has basically the same provision but it says that an appeal -, well, basically it says what the Director wants this to say now; theirs says that an appeal to the Board of Appeals shall not stay the provision. So I think that that’s the general pattern, and what we have here is kind of aberration. Maybe it was a clerical error, you know, where the “not” originally was taken out. WATANABE: Satisfied? DOMINGO: Thank you. WATANABE: Okay. Ms. Siracusa. SIRACUSA: And speaking of clerical errors, we do have one here in the ordinance because Section (c), Nos. (3) and (4) are exactly the same thing; they both read, “Pay a civil fine not to exceed $500 per day for each day in which the violation persists, in the manner and at the time and place specified in the order.” We have it twice. Does that mean that they pay $1,000? So I’m just pointing that out. But I did have a question also. Shall I give you a minute first to look at that in the ordinance? Section 25-2-35, (c), (3) and (4). WATANABE: Yeah, I believe that is a clerical error, yeah? SIRACUSA: So what I’m wondering is, should there only be (3) or was there a different (4) that we don’t have here before us? Because if it just ends with (3), there is no problem; we just say, okay, delete (4). But if there was something else that was supposed to be under (4), then we really shouldn’t vote on this, if we don’t know what we are voting on over there. And then I have a question, but I’ll hold that while -. Shall I hold the question while the Director looks up? WATANABE: Yeah, let’s clear this up first. SIRACUSA: Okay. YUEN: Okay, yeah, you are correct. The bill that’s attached has a mistyping. Okay. What you have attached, (3) and (4) are exactly the same, whereas the actual ordinance which – and we are not trying to change the section of the ordinance – the actual ordinance, (3) is different from (4) in the current Zoning Code. Three is supposed to say, “Pay a civil fine not to exceed $500 in the manner” – which is also probably a, probably should say “matter” – “at the place and before the date specified in the order.” And then (4) has the same reading as here. And so the way it’s supposed to work in the Code is that you can enact a $500 fine under Subsection (c) (3), and then you have a $500 a day fine in Section (c) (4). So you are correct; what you have attached in this is, where (3) and (4) read exactly the same, is a mistyping where (c) (3) has a different wording than (c) (4) in the actual County Code. So we’ll correct that. SIRACUSA: So (c) (3) is supposed to say “matter” with “t,” and (c) (4) is “manner,” or -? EXHIBIT C 3