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REPORT OF THE <br /> COMMITTEE ON PLANNING <br /> <br /> DATE: March 24, 2008 Re: Comm. 1077/Bi11265 <br /> PLACE: Councilroom <br /> 333 Kilauea Avenue, 2"'~ Floor <br /> Hilo, Hawaii 96720 <br /> <br /> TIME: 1:30 p.m. <br /> Council Chair and Members <br /> Hawaii County Council <br /> Hilo, Hawaii 96720 <br /> Your Committee on Planning, to which was referred Bill 265, reports as follows: <br /> Bill 265, transmitted via Communication 1077 from Mayor Harry Kim, dated March 6, 2008, <br /> presents an amendment to Chapter 25 (Zoning Code), initiated by the Planning Director. <br /> Bi11265 seeks to amend Chapter 25, Article 2, Division 3, Section 25-2-35, Hawaii County <br /> Code 1983 (2005 Edition, as amended), relating to Administrative Enforcement. <br /> Communication 1077 reports that the Hawaii County Planning Commission, as required by <br /> Chapter 4, Sec. 6-4.3(C), Hawaii County Charter, considered the above request on February 22, <br /> <br /> 2008 and voted to forward a favorable recommendation to the County Council on the Planning <br /> <br /> Director's request. The proposed amendment states that an appeal to the Board of Appeals shall <br /> not stay the provisions of the Planning Director's order, pending the final decision of the Board <br /> <br /> of Appeals. <br /> <br /> "the purpose of the request is to provide for the assessment of fines for violations of the Zoning <br /> Code during the appeal process. The current provision of the Code states that the Director's <br /> order, including fines, are stayed until a final decision is reached by the Board of Appeals which <br /> <br /> allows a violator to continue in violation without being assessed a fine until the appeal process is <br /> completed and the violator loses on appeal. <br /> <br /> The proposed amendment to Section 25-2-35(f) will allow the department to assess a fine during <br /> <br /> the appeal process and impose the accrued fine if the violator loses the appeal. "the City and <br /> County of Honolulu's Zoning Code contains the same language proposed by this ordinance and <br /> has been upheld by the Hawaii Supreme Court as constitutional. <br /> At the March 24, 2008 Planning Committee meeting public testimany was presented by Mr. Tim <br /> Reese who expressed his general agreement with the intent of the bill but stated he would prefer <br /> <br /> that it provide that actual payment of fines be stayed until the outcome of the appeal to allow for <br /> <br /> proper due process. <br /> PC Report No. 78 <br /> <br />