HomeMy WebLinkAboutORD 2006-121 2004-2006 COUNTY OF HAWAII STATE OF HAWAII
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BILL NO. 3iz
ORDINANCE NO. 06 121
AN ORDINANCE AMENDING CHAPTER 17, ARTICLE 2, HAWAII COUNTY CODE
1983 (2005 EDITION, AS AMENDED), RELATING TO THE PLUMBING 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 plumbing code without penalty. During this amnesty
period, owners of unpermitted buildings completed prior to Januazy 1, 2006, may apply for a
permit to bring their buildings in compliance with chapter 17, the County plumbing code.
Owners who secure a permit, pursuant to this amnesty program, who otherwise comply with all
provisions of the County plumbing code, will be exempt from all civil and criminal penalties
pursuant to sections 17-9 that might otherwise be imposed for constructing a structure without a
plumbing permit.
SECTION 2. Chapter 17, article 2, Hawaii County Code 1983, (2005 Edition, as
amended) is amended by adding a new section 17-17.1 to read as follows:
"Section 17-17.1. Amnesty Period.
(a) For the period beginning October 1, 2006 through September 30, 2007, persons may
apply for plumbing_permits for residential building or farm structures completed before
Januazy 1, 2006 without proper plumbing_permits. These special circumstance permits shall be
called "amnesty permits." Only persons eligible to obtain a permit, pursuant to section 17-15,
may apply for an amnestypermit.
(b) Amnesty permit holders will be exempt from all civil and criminal penalties pursuant to
section 17.9 that might otherwise be imposed for constructing a structure without a plumbing
permit, if they otherwise comply with all applicable provisions of the County plumbing code, as
well as the following listed conditions:
(11 An application for a plumbing permit, that satisfies the requirements of the
County plumbing 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 plumbing code, and the Hermit closed in
compliance with the code.
(c) If these conditions are not being met, exemption from all civil and criminal penalties
pursuant to sections 17-9, arising from the grant of an amnesty permit, shall lapse.
(d) Any exemption from civil and criminal penalties rg anted 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 I, 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 plumbing 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 aze 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:
'~u^--,
COUN IL 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
REFERENGf~ Carus: „~.=:v~:~-~~
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo, Hawaii ~ t.
.r ~ ~ ~ 23
Introduced By: Virginia Isbell L ALL VOTE
Date Introduced: August 1, 2006 AYES (.NOES ABS EX
First Reading: August 1, 2006 Arakaki X
Published: August 11, 2006 Higa X
Hoffmann X
REMARKS: Holschuh X
Ikeda X
Isbell X
Jacobson X
Pilago X
Safazik X
9 0 0 0
Second Reading: August 23, 2006
To Mayor: August 24, 2006
ROLL CALL VOTE
Returned: August 29, 2006 AYES NOES ABS EX
Effective: October 1, 2006 Arakaki X
Published: September 5, 2006
Higa X
Hoffrnann X
REMARKS:
Holschuh X
Ikeda X
Isbell X
Jacobson X
Pilago X
Safarik X
8 0 1 0
1 DO HEREBYCERTIFY that the foregoing BILL was adopted by the Counry Council published as
indicated above.
APPROVED AS TO
FORM AND LEGALITY:
COUNCIL CHAIRMAN
DEPU PO ION COUNSEL ~
COUNTY OF HAWAII
COUNTY CLERK
Date
312
Bill No.:
C-976/PWIRC-48
Approve Disapproved this ~ day Reference:
Ord No.: 06 121
of A , zoo.
M OR, C Y OF HAWAII