HomeMy WebLinkAboutBIL 319 Draft 01 2006-2008OFFICE INFORMATION ONLY
Meeting: Public Works and Intergovernmental Relations Committee - July 22, 2008
Action: Withdrawn on the floor by introducer (Emily Naeole)
Re: Bill 319 (Comm. 1311) (2006 -2008)
COUNTY OF HAWAII
ORDINANCE NO.
STATE OF HAWAII
BILL NO. 319
AN ORDINANCE AMENDING CHAPTER 5, ARTICLE 1, SECTION 5- 1.0.8, OF THE
HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO THE
USE OF TENTS OR OTHER TEMPORARY STRUCTURES AS LONG AS THERE IS
ADEQUATE SANITATION AND AN ACTIVE BUILDING PERMIT.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose and findings. The purpose of this bill is to allow property owners
to reside on their land in a tent or other temporary structure, as long as there is adequate
sanitation and there is an active building permit. The length of an active building permit is three
years.
This bill will decriminalize people who currently live on their land in tents (or other
temporary structures) while they build permanent structures. The bill also addresses the current
health concern of pit latrines on home sites by requiring portapotties, compost toilets, cesspools,
or septic tank systems for inhabitance.
SECTION 2. Chapter 5, Article 1, Section 5- 1.0.8, Subsection (c), Hawaii County Code
1983 (2005 Edition, as amended), is amended to read as follows:
"(c) Temporary Permit Required. No person, firm, or corporation shall
erect any tent or mobile structure which is to be used for commercial or
religious purposes, such as rallies, festivals, amusements, and sideshows,
without first obtaining a temporary permit for the tent or structure from the
building official. To secure a permit, approval must also be obtained from
the chief of the fire department. A permit for a tent or mobile structure
shall be limited to a period of not more than thirty consecutive days and
may be canceled for cause by the building official or the fire department at
any time before expiration of the time stated in the permit. Upon
cancellation or upon the expiration of the time stated in the permit the
structure or structures shall be promptly removed. However, the permit
may be renewed when approved by the building official. [ tent
e .]
A property owner may use a tent of canvas plastic or similar material for
a temporary residence as long as there is adequate sanitation and an active
building permit, or for three years while constructing a permanent home.
For the purposes of this section "adequate sanitation" means aportapotty,
compost toilet, cesspool, or septic tank system.
SECTION 3. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed material, and underscoring need
not be included.
SECTION 4. Severability. If any provision of this ordinance or the application thereof
to any person or circumstance, is held invalid, such 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 declared to be severable.
SECTION 5. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIIAEMBER, COUNTY OF HAWAII
Hawaii
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCEt Conte 1311 WWWWW
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