HomeMy WebLinkAboutBIL 311 Draft 01 2004-2006 tv or.y-_
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COUNTY OF HAWAII STATE OF HAWAII
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BILL NO. 311
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 5, ARTICLE 1, HAWAII COUNTY CODE
1983 (2005 EDITION, AS AMENDED), RELATING TO THE BUILDING CODE.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. The County council finds that residents with unpermitted
construction work within the County of Hawaii may want to legalize their buildings.
Consequently, this bill would create an amnesty period, beginning October 1, 2006 through
September 30, 2007, during which time, owners of unpennitted buildings may bring their
structures into compliance with the County building code without penalty. During this amnesty
period, owners of unpermitted buildings completed prior to January 1, 2006, may apply for a
permit to bring their buildings in compliance with chapter 5, the County building code. Owners
who secure a permit, pursuant to this amnesty program, who otherwise comply with all
provisions of the County building code, will be exempt from all civil and criminal penalties
pursuant to sections 5-1.0.6 and 5-1.0.12 that might otherwise be imposed for constructing a
structure without a building permit.
SECTION 2. Chapter 5, article 1, Hawaii County Code 1983, (2005 Edition, as
amended) is amended by adding a new section 5-1.0.12(a) to read as follows:
(a) For the period be ig nning October 1, 2006 through September 30, 2007,
persons may apply for buildingpermits for residential building or farm structures completed
before January 1, 2006 without proper buildingpermits. These special circumstance permits
shall be called "amnestypermits." Only persons eligible to obtain a permit, pursuant to section
5-1.0.8, may apply for an amnestypermit.
(b) Amnesty permit holders will be exempt from all civil and criminal penalties
pursuant to sections 5-1.0.6, and 5-1.0.12, that might otherwise be imposed for constructive a
structure without a buildingpennit, if they otherwise comply with all applicable provisions of
the County building code, as well as the following listed conditions:
(1) An application for a building_permit, that satisfies the requirements of the
County building code, shall be submitted within the amnesty period; and
(2) The unpermitted construction shall be brought into full compliance with
the requirements of the County building code, and the permit closed in
compliance with the code.
(c) If these conditions are not being met, exemption from all civil and criminal
penalties pursuant to sections 5-1.0.6, and 5-1.0.12, arising from the grant of an amnesty permit,
shall lapse.
(d) Any exemption from civil and criminal penalties granted pursuant to this section,
azisine from the grant of an amnesty permit, shall not relieve any person from the obligation to
otherwise comply with all requirements of this code.
(e) This section shall be repealed on October 1, 2007. All persons who have applied
for and obtained an amnestypermit before the expiration of this section, shall be allowed to
proceed pursuant to the terms of such permit, as lop ag s they remain in full compliance with this
section and the County buildin cg ode.
SECTION 3. Severability. If any provision of this ordinance, or the application thereof
to any person or circumstance, is held invalid, the invalidity does not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are severable.
SECTION 4. New material is underscored. In printing this ordinance, the underscoring
need not be included.
SECTION 5. This ordinance shall take effect on October 1, 2006.
INTRODUCED BY_: J4~,, ^o, 0
P L ~ V"
CO CIL MEMBER, COUNTY OF HAWAII
Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
RLFERENCf~ Con?01: