HomeMy WebLinkAboutCOM 0128.123 2010-2012J YOSHIMOTO
COUNCIL MEMBER
Council District 3
HAWAII COUNTY COUNCIL
County of Hawai
Hawai `i County Building
25 Aupuni Street, Suite 1402
Hilo, Hawai `i 96720
Phone: (808) 961 -8272
Fax: (808) 961-8912
Email: jyoshimoto uco.hawaii.hi.us
January 9, 2012
TO: Dominic Yagong, Council Chair
and Members of the Hawai`i County Council
FROM: J Yoshimoto, Council Member `b'6
SUBJECT: Proposed Amendments to Bill No. 270, Draft 6 (Building Code)
Below are proposed amendments with respect to the contents of Bill No. 270, Draft 6. These
amendments create a new section to address penal enforcement. The amendments are
illustrated via Ramseyer format and read as follows (material to be deleted is bracketed and
stricken; material to be added is underscored):
"Section 5 -61. [new] Penal enforcement.
La,) General Provisions. The provisions of this section are in addition to
any other applicable remedy or penalty provided by law.
Q If any person, firm or corporation violating any provisions of this code
fails, neglects, or refuses to comply or correct a violation, the
administrative authority shall utilize the administrative remedies
contained in section 5 -60 of this code, and if this does not resolve the
matter, the administrative authority may then submit the matter to the
proper authority for penal enforcement; however, the administrative
authority may submit the matter to proper authority for penal
enforcement without utilizing the administrative remedies in this code
if the violation results in imminent harm to the public health, welfare,
or safety.
fsj Any person, firm or corporation violating any provisions of this code
shall, upon conviction, be deemed guilty of a petty misdemeanor and
each person so convicted shall be deemed guilty of a separate offense
for each and every day or portion thereof during which any violation
of any provision of this code is committed, continued or permitted; and
upon conviction of any such violation, such person shall be punishable
by a fine of not more than $1,000, or by imprisonment for not more
than thirty days, or by both fine and imprisonment.
Comm. No.
Ref. To
Ref. Date
Hawaii County is an Equal Opportunity Provider and Employer
Dominic Yagong, Council Chair
and Members of the Hawai`i County Council
January 9, 2012
Page 2
(d) Any officer or inspector designated by the administrative authority,
who has been deputized by the chief of police as a special officer for
the purpose of enforcing the provisions of the building, plumbing,
electrical or housing codes (hereinafter referred to as "authorized
personnel "), pursuant to section 803 -6, Hawai`i Revised Statutes, may
arrest without warrant alleged violators by issuing a summons or
citation in accordance with the procedure specified in this section.
Nothing in this section shall be construed as barring such authorized
personnel from initiating prosecution by warrant or such other judicial
process as is permitted by statute or rule of court.
fel Any authorized personnel designated by the administrative authority,
upon making an arrest for a violation of the building, plumbing,
electrical or housing codes, may take the name and address of the
alleged violator and shall issue to the violator in writing a summons or
citation hereinafter described, notifying the violator to answer the
complaint to be entered against the violator at a place and at a time
provided in the summons or citation.
(f) There shall be provided for use by authorized personnel a form of
summons or citation for use in citing violators of the building,
plumbing, electrical or housing codes which does not mandate the
physical arrest of such violators. The form and content of such
summons or citation shall be as adopted or prescribed by the
administrative judge of the district court and shall be printed on a form
commensurate with the form of other summonses or citations used in
modern methods of arrest, so designed to include all necessary
information to make the same valid within the laws and regulations of
the State of Hawai`i and County of Hawai`i.
(g) In every case when a citation is issued, the original of the same shall
be given to the violator; provided, that the administrative judge of the
district court may prescribe by giving to the violator a copy of the
citation and provide for the disposition of the original and any other
copies.
f Every citation shall be consecutively numbered and each copy shall
bear the number of its respective original."
In an effort to conserve resources, no draft copy of Bill No. 270, Draft 7, is attached.
JY /dwe