HomeMy WebLinkAboutCOM 0281.009 2020-2022 j
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From: Michael Gaines
Sent: Sunday, June 13, 2021 3:37 PM
To: Council Testimony
Subject: Re: Bill 44
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June 13, 2021 j
To Hawaii County Council,
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I am submitting testimony today, in regard to Bill 44 (Updating existing Hawaii County Building Codes). I have to
ask why you folks are wasting your valuable time discussing the possible changes to our county building codes, when =�
the current codes that we already have are not enforced?
In my opinion, Hawaii County's failure to enforce existing zoning & building codes, especially in Ocean View and
Puna, raise a Federal Constitutional issue. Allowing some people to ignore these regulations,while requiring others to
comply violates the constitutional requirement of equal protection under law. a
A person or company wanting to build in Hawaii County and willing to comply with the law will have to invest
considerable time and money to obtain the necessary permits and inspections. Another person or company, not willing
to comply with the law, can avoid all those costs and delays and simply build whatever these please.
All those zoning and building codes and all those procedures and costs and delays were adopted to protect the
community, ie, the people of Hawaii County. An illegal junkyard negatively affects the community - that is why it is
prohibited. An improperly built house presents a health and safety risk, to not just the current residents but to future
residents and the community at large.
With the election of a former prosecutor as mayor, I had high hopes that the county would address this issue.
Unfortunately no such change appears to be occurring. The recent building boom on our island is making the situation
more obvious. More people are willing to ignore the law because there is no enforcement. The only reason to comply °?
with the law, is that the electric utility will not provide power to an unpermitted building. But with solar power and
generators, building off-grid is not a big issue.
What we need is a dedicated lawyer or organization to file a complaint in federal court to compel Hawaii County
Government to equally enforce the laws that have previously been adopted.
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Michael A. Gaines
Ocean View, Hawaii 96704
Co . No
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