HomeMy WebLinkAboutORD 2006-120 2004-2006COUNTY OF HAWAII
ORDINANCE NO.
STATE OF HAWAII
BILL NO.
06 i20
311
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 unpermitted 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 beginning 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 building permits. These special circumstance permits
shall be called "amnestypermits." Onlypersons eligible to obtain a permit, pursuant to section
5-1.0.8, may apply for an amnesty permit.
(bl 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 constructing a
structure without a building_permit, 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,
arising 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 amnestypennit before the expiration of this section, shall be allowed to
,proceed pursuant to the terms of such permit, as long as they remain in full compliance with this
section and the County building code.
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:
M ~
CO CIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction: August 1, 2006
Date of 1st Reading: August 1, 2006
Date of 2nd Reading: August 23, 2006
Effective Date: October 1, 2006
REFERENCf~ C«r~o: 7~i+
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo, Hawaii
Introduced By: Virginia Isbell
Date Introduced: Auqust 1, 2006
First Reading: August 1, 2006
Published: August 11, 2006
REMARKS:
Second Reading: August 23, 2006
To Mayor: August 24, 2006
Returned: August 29, 2006
Effective: October 1, 2006
Published: September 5, 2006
REMARKS:
=~,~
ROLL Ct~~y
AYES NOES ABS
~ EX
Arakaki X ,,^C, : ,, -
-
.,
Higa X
Hof&nann X
Holschuh X
Ikeda X
Isbell X
Jacobson X
Pilago X
Safarik X
9 0 0 0
ROLL CALL VOTE
AYES NOES ABS EX
Arakaki X
Higa X
Hoffmann X
Holschuh X
Ikeda X
Isbell X
Jacobson X
Pilago X
Safarik X
9 0 0 0
1 DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
APPROVED AS TO
FORM AND LEGALITY:
y
i ~~~
PU C R O TION COUNSEL
COUNTY OF HAWAII
Date ~
Approv Disapproved this ~~
of tl"~' , 20 V ~,
A R, COUN AWAI'1
-~~~~~,
COUNCIL C A/RMAN
~iaw ~~~a
COUNTY CLERK
Bill No.:
311
C-975/PWIRC-47
day Reference:
Ord No.: ~s 1Z~
Ordinance Nos. 06-120, 06-121, and 06-122
I hereby certify that the following Ordinances passed second and final reading at the
meeting of the County Council on August 23, 2006, by vote, as listed below:
Ordinance 06-120 (Bill 311): An Ordinance Amending Chapter 5, Article 1, Hawaii
County Code 1983 (2005 Edition, as Amended), Relating to the Building Code.
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda, Isbell, Jacobson, Pilago,
Safarik, and Chairman Higa - 9; NOES: None; ABSENT & EXCUSED: None.
Ordinance 06-121 (Bi11312): An Ordinance Amending Chapter 17, Article 2, Hawaii
County Code 1983 (2005 Edition, as Amended), Relating to the Plumbing Code.
AYES: Council Members Arakaki, Hoffmann, Ikeda, Isbell, Jacobson, Pilago, Safarik,
and Chairman Higa - 8; NOES: None; ABSENT & EXCUSED: Council Member
Holschuh - 1.
Ordinance 06-122 (Bi11313): An Ordinance Amending Chapter 9, Article 5, Division 2,
Hawaii County Code 1983 (2005 Edition, as Amended), Relating to the Electrical Code.
AYES: Council Members Arakaki, Hoffmann, Ikeda, Isbell, Jacobson, Pilago, Safarik,
and Chairman Higa - 8; NOES: None; ABSENT & EXCUSED: Council Member
Holschuh - 1.
-~'~;cw,
Constance R. Kiriu
County Clerk
(Hawai`i Tribune-Herald -September 5, 2006)
(West Hawaii Today -September 5, 2006)
Note: The original Digest/Affidavit is attached to Ordinance No. 06-120.
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