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Home My WebLink AboutORD 1981-726 1980-1984BILL NO. 785 COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 12 OF THE HAWAII COUNTY CODE, RELATING TO THE BOARD OF APPEALS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 6, Article 2, Chapter 12, of the Hawaii County Code is amended to read as follows: "Sec. 6. [HOUSING ADVISORY AND APPEALS BOARD] VARIANCES ["In order to provide for reasonable interpretations of the provisions of this Code, there is hereby created a Housing Advisory and Appeals Board, consisting of five members who are residents of the County of Hawaii and qualified to pass upon matters pertaining to housing. The members of the Housing Advisory and Appeals Board shall be appointed by the Mayor with the approval of the County Council but no more than three members shall be from one political party. The term of office of the members of the Housing Advisory and Appeals Board shall be five years from and after the date of their respective appointments. Any vacancy shall be filled by appointment for the remainder of the unexpired term. The Board shall adopt reasonable rules and regulations for conducting its investigations and shall render all decisions and findings in writing to the Building Official with a duplicate to the appellant and may r@commend to the County Council such new legislation as is consistent therewith. The Department of Public Works shall provide a secretary to the Housing Advisory and Appeals Board. "In order that the provisions of this Code may be reasonably applied, public health and safety secured, and substantial justice done in instances where practical difficulties or undue limitations are encountered, or unnecessary and unreasonable hardship result from their application, the Building Official on his own motion or upon request of any interested party may grant a variance permit upon such terms and conditions and for such period of time as the facts may warrant]. Whenever strict application of any ovisiori of this Chapter would result in~ractical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of the land or building involved, the owner maetition the Board of Appeals for a variance from th~rovision In granting a variance, the Board of Appeals shall prescribe any conditions that it deems to be necessary or desirable. However, no variance from the strict application of this Chapter shall be granted b~ the Board of Appeals unless it finds: "(1) That there are special circumstances or conditions applying to the land or buildi~or which the variance is sought, which circumstances or conditions are~eculiar to such land or building and do not apply generally to lands or buildings in the neighborhood or surrounding ~ro~erty, and that the circumstances or conditions are such that the -2- strict application of the provisions of this Chapter would deprive the applicant of the reasonable use of the land or building; and "(2) That the granting of the variance is necessary for the reasonable use of the land or building and that the variance granted is the minimum variance that will accomplish this purpose; and "(3) That the granting of the variance will be consistent with the intent and purpose of this Chapter, and will not be injurious to persons or~roperty or create additional fire hazards, and will not otherwise be detrimental to the public welfare In making its determination, the Board of Appeals shall take into aecount the character, use, and tyke of occu~anc,~and construction of adjoining buildings, buildings on adjoining lots, and the building or land involved. The Board of Appeals shall adopt rules pursuant to Chapter 91, Hawaii Revised Statutes, necessary for the purposes of this section." SECTION 2. Article 2, Chapter 12, of the Hawaii County Code is amended by adding a new section to be appropriately designated and to read as follows: "SECTION 7. APPEALS. "Any person aggrieved by the decision of the Building Official in the administration or application of this Chapter, may, within thirty days after the Building Official's decision, appeal the decision to the Board of -3- Appeals. The Board of Appeals mad affirm the decision of the Building Official, or it mad reverse or modify the decision if the decision is: "(1) In violation of this chapter or other applicable law; or "(2) Clearly erroneous in view of the reliable, probative and substantial evidence on the whole record; or "(3} Arbitrary, or capricious, or characterized by an abuse of discretion or clearly unwarranted exercise of discretion. "The Board of Appeals shall adopt rules pursuant to Chapter 91, Hawaii Revised Statutes, necessary for the purposes of this section." SECTION 3. Section 2.01, Article 8, Chapter 12, of the Hawaii County Code is amended to read as follows: "Section 2.01. COMPLAINT. "Whenever it appears to the Building Official that a building or portion thereof is substandard or whenever a petition is filed with such official by at least five residents of the County of Hawaii charging that a building or portion thereof is substandard and a preliminary investigation by such official discloses a basis for such charge, [such official] the Building Official shall issue a complaint, stating the charges with respect to such building or portion, and cause it to be served upon the owner of record, every mortgagee of record, and every party in interest, including persons in possession. -4- "Such complaint shall contain a notice that a hearing will be held before [such official or his designated agent] the Board of Appeals at a place and time therein fixed, which time shall be not less than 10 days nor more than 30 days after service of the complaint; that the owner, mortgagee, or party in interest may each file an answer to the complaint and appear in person or otherwise at such hearing to give testimony; and that the rules of evidence prevailing in courts of law or equity are not controlling in such hearing." SECTION 4. Section 2.03, Article 8, Chapter 12, of the Hawaii County Code is amended to read as follows: "Section 2.03. HEARINGS AND ORDERS. "If, after service of such complaint and such hearing, the [Building Official] Board of Appeals finds that the building or portion of a building is substandard, [he] it shall state [his] its findings of fact, conclusions of law, decision and order in writing and shall order such building or portion to be vacated and repaired or rehabilitated in such manner and in such respects as to render such building or portion not substandard and may require that such repairs or rehabilitation be commenced within thirty (30) days and completed within ninety (90} days after service of such order, or within such further time as [such official] theBoard of Ap ep als may allow. If the cost of such repairs or rehabilitation exceeds 75 per cent of the cost of replacement of the entire building or portion, [he] the -5- Board of Appeals shall order such building or portion[,] demolished and removed. "Such findings of fact, conclusions of law, decision and order, and written findings shall be served, posted on the affected premises, and filed with the registrar of conveyances or assistance registrar of the Land Court in the same manner as the complaint. "[Such hearing shall be conducted in accordance witY~, and such findings of fact, conclusions of law, decision and order shall conform to, the provisions of Chapter 91, Hawaii Revised Statutes, relating to administrative procedure. "For the purposes hereof, the Building Official and the Housing Advisory and Appeals Board shall have the power to administer oaths, examine witnesses and receive evidence.] "Any hearing before the Board of Appeals shall be conducted in accordance with Chapter 91, Hawaii Revised Statutes. The Board of Appeals shall have the power to administer oaths, examine witnesses, and receive evidence." SECTION 5. Section 2.04, Article 8, Chapter 12, of the Hawaii County Code is amended to read as follows: "Section 2.04. FAILURE TO OBEY ORDER. "If the owner fails to comply with an order of the [Building Official] Board of Appeals to vacate and/or repair, rehabilitate, or demolish and remove the building or portion of a building, and [no] an injunction or restraining order enjoining or restraining [such official] the Building Official from carrying out provisions of the order has not -6- been issued by a circuit court pursuant to [the provisions of] Section 53-60(e), Hawaii Revised Statutes, the Building Official may cause such building or portion to be vacated and perform the work required by [such] the Board of Appeal's order. "The cost of any such vacation, repairs, rehabilitation, or demolition and removal shall be a lien against the real property upon which such cost was incurred. Where the building or portion of a building is demolished and removed, the Building Official shall sell the materials of such building or portion and shall credit the proceeds of [such] the sale against the cost of the removal or demolition; any balance remaining, if such proceeds should exceed [such] the cost, shall be deposited with the Clerk of the Circuit Court of the Third Circuit, State of Hawaii, and disbursed in accordance with [the provisions of] Section 53-60(b)(6), Hawaii Revised Statutes." SECTION 6. Material to be repealed is bracketed. New material is underscored. In printing this ordinance, the brackets, bracketed material and underscoring need not be included. SECTION 7. In the event any portion of this ordinance is declared invalid, such invalidity shall not affect other parts of this ordinance. -7- SECTION 8. approval. This ordinance shall take effect upon its INTRODUCED COUNC I Lrf'NdEMBER, Hilo, Hawaii Date of Introduction: October 28, 1981 Date of Adoption: November 4, 1981 Effective Date: November 17, 1981 I -8- Hilo, Hawaii Date: October 28, 1981 FI RS'I READING AYES NOES A/E Dahlbe ~g X De Luz X Domingo X F°uj i i X Hale _ Kawahara X X ~_' Lai X Schutte X Chr. Yamashiro X 9 0 0 Publication Date: Hilo, Hawaii Date: November 4. 1981 SECOND & FINAL READING __~ AYES NOES i A/F ~ Dah 7_be rg X De Luz X Domingo X Fuj i i X Hale X Kawahara X Lai X Schutte X Chr. Yamashiro X 9 0 0 Publication Date: $~®~ .~? 19~~ We do hereby certify that the foregoing BILL was adopted by the County Council and published as indicated above. ~-PPR~VE~ A e a~a~ ~d ~~R c:~~tiF~a:~~~-:~.~~..~ c., ~r~~::Ft cou..rr i.r Hawwa~ ayoz'', County of Hawaii Bill No. 785 Reference: C-487/PWC- 91 M.B. No. Ord. No. ____