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HomeMy WebLinkAboutCOM 0128.115 2010-2012?!PWPRC Daniel H. Cunningham P.O. Box Hilo, Hawaii 96720 Ph:349 -0649 16 December -2.6', 2011 Jamae K.K. Kawauchi, County Clerk C/O County of Hawaii 25 Aupuni St. Suite 1402 Hilo, Hawaii 96720 Ph: 961 -8255 RE: THIS ENCLOSED ADDENDUM TO BILL 270 SCHEDULED FOR HEARING WEDNESDAY DECEMBER 21, 2012. "LOWEST LAW ENFORCEMENT PRIORITY OF CHAPTER 5 FOR RESIDENTIAL PURPOSES AND AFFIRMATION OF ORDINANCE 08 181 FOR ANY QUANTITY OF CANNABIS "LAW ENFORCEMENT AGAINST PROHIBITION (LEAP)." Dear Jamae, Could this council consider this residential exemption and LEAP addendum to BILL 270? A hearing is scheduled 12/21/11. Respectfully, Daniel H. Cunningham ENCLOSURE: Comm. No. /21. / /S. Ref. To: Ref. Date nor 2 n 2011 THE COUNTY OF HAWAI'I, THE STATE OF HAWAII AN ORDINANCE ADDENDUM A NEW ARTICLE TO THE HAWAI'I COUNTY CODE (2010 EDITION, AS AMENDED). BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI'I SECTION 1. TITLE This Article shall be known as the "LOWEST LAW ENFORCEMENT PRIORITY OF CHAPTER 5 FOR RESIDENTIAL PURPOSES AND AFFIRMATION OF ORDINANCE 08 181 FOR ANY QUANTITY OF CANNABIS "LAW ENFORCEMENT AGAINST PROHIBITION (LEAP)." BALLOT QUESTION Is the state conspiring with banksters to take land from poor people should property owners be left alone to mind their own castles and cannabis economy pursuant to LEAP, the people's will to be hempsters? BALLOT SUMMARY There is no compelling interest of this municipal for Bill 270 or the previous code for residential. Criminalizing building code violations is the corporate solution of property rights. China is buying Hawaii and Bill 270 is fascist /reptilian control as corporations. Private outsourcing enforcement of any building code similar to Bonita Springs Florida is the prudent financial decision for commercial only. Bill 270 cannot apply to residential for fourth and fifth amendment purposes. A "Certificate of Competency" as the voluntary equivalent will suffice assessment /liability issues more diversely being a free enterprise Caveat Emptor approach. Bill 270 in itself without residential exemption will influence residential cost up, quality down and sells the local economy to foreign business interest. This is Hawaii not China. PURPOSE: (a.) Provide law enforcement and courts more resource to focus on crimes with victims. (b.) Reduce the fear of prosecution and the stigma of criminality from non - violent citizens who harmlessly cultivate bamboo, cannabis, and other fruits of nature as building materials for personal, medicinal, religious, and recreational purposes. 2 (c.) Encourage fiduciary relationships between art as the carpenter and science on the part of the engineer for creativity to reciprocate and flourish voluntarily as opposed to being agenda sheepled.. Civilized law does not compel performance nor redefine "infringement ". Promote free enterprise, local industries, and increased agricultural opportunity and personal wealth. (d.) Fulfill the honorable past councilman Kelly Greenwell's LEAP completely legalizing cannabis, alcohol, and medicine by de- funding government control pursuant to ORDINANCE NUMBER 08 181 LOWEST LAW ENFORCEMENT PRIORITY OF CANNABIS example. (e.) To deter Central Intelligence Agency (CIA), a fourth branch of government, it's control of politics and stock market by weather via chemtrails and High Active Aural Research Programs (HAARP). This structural protective intent is as organic as the right to bear arms to be a deterrent to obtrusive government. History repeats itself for those who do not study...it. (f.) "I swear upon the altar of God eternal hostility toward every oppression over the mind of man." Thomas Jefferson Section 3: FINDINGS (a.) Due to the corporate nature of the county and commercial industry building permits are necessary transparency as the municipal public servant. The private sector has no requirement if autonomy exists thereof. Government is supposed to work for the people as a republic not otherwise. Bill 270 is another prefab boondoggle by no coincidence. (b.) Laws that prohibit the use of indigenous and local products due to "DOUBLE WALL CONSTRUCTION REQUIREMENTS" (PREFAB) have no rational standing nor is there a compelling interest other than HOME DEPOT foreigners. ONLY BAD PEOPLE AS CORPORATIONS BENEFIT FROM BAD LAWS. (c,) A "Certificate of Competency of Assessment and Liability" by a bonded architect or engineer is the alternative instrument for Caveat Emptor or buyer beware. In the event of a breach of contract the injured party had a bonded remedy option. Insurance coverage follows the same science assessment as a permit however a voluntary alternative and determined by jury as opposed to administrative agency. The deregulation itself will bring competition in the insurance market because ultra large building material becomes the natural alternative. Assessment is personal for resident castles. Natural competition in a free market brings the quality up and cost down and civilization progresses. (d.) Property taxes should be postured upon monopoly value for services rendered rather than punishing creativity. None of the seven wonders had a permit. . Alaska exempted residential until apparently Bill 270 as "International" standard for the banksters. Georgia and others only required a written method of sewage by mail. The Amish never got their permits. 3 (e.) The history of permit complaints is for irrelevant reasons. Economics follow two directions, either making or doing away with laws. Republicans once said "For every law put on one comes off'. (f.) The Republics were hemp economies until "Competition is a sin." John D. Rockefeller. Building permits enable government to control the existence of stihls for commoners. The more laws the less justice. (g.) The first building permit specifications matched wood and nail /hollow tile kit houses and no hurricane ties. These overpriced prefabs were subject to a category I hurricane. Revision required hurricane ties guaranteed to 85 mph winds. Bill 270 /Chapter 5 requires 130 mph tolerance, Iniki brought gusts over 200. Creative (diverse) home builders can do better and faaaar cheaper. A hurricane as such would mean genocide if built to code to be destroyed by a controlled weather storm. (h.) The general rule is that an unconstitutional statute, though having the form and name of law, is in reality no law, but is wholly void, and ineffective for any purpose; since unconstitutionality dates from the time of its enactment, and not merely from the date of the decision so branding it. "No one is bound to obey an unconstitutional law and no courts are bound to enforce it." 16 Am Jur 2d. Sec 177 late 2d. Sec 256 "To embarrass justice by a multiplicity of laws, or to hazard it by confidence in judges, are the opposite rocks on which all civil institutions have been wrecked." Johnson - engraved in Minnesota State Capital Outside Supreme Court Chambers "Necessity is the plea for every infringement upon human liberty; it is the argument of tyrants; it is the creed of slaves." William Pitt Section 4: DEFINITIONS: BUGA - COME BUG ME BOUT MY HOUSE YOU CALL DA MAYOR. Section 5: POLICY RELATING TO CHAPTER 5 FOR BUILDING PURPOSES. (a) Hemp is the most utilitarian plant on the planet. (b) Neither the Chief of Police, the Police Commissioner, nor any attorney prosecuting on behalf of the County of Hawaii, nor any associated law enforcement staff, deputies, nor officers shall seek, accept or renew any formal or informal deputization or commissioning by a federal law enforcement agency for the purpose of investigating, citing, or arresting adults, nor for searching or seizing property from adults for building code and cannabis violation purposes subject to or in violation of, nor shall such authorities exercise such powers that may be ancillary to deputization or commissioning for another purpose. 4 (c) The Hawaii County Council shall not authorize the acceptance or the issuing of any funding that is intended to be used to investigate, cite, arrest, prosecute, search or seize property from adults for building permits or cannabis offenses. Section 6: COUNTY PROSECUTING ATTORNEYS To the full extent allowed by the Constitution of the State of Hawaii, the people, through their county government, request that neither the County Prosecuting Attorney nor any attorney prosecuting on behalf of the County of Hawaii shall prosecute any violations of the sections of Chapter 5 pertaining to residential building code and Chapter 712 -1240 of the Hawaii Revised Statutes regarding possession and cultivation of Cannabis in a manner inconsistent with Lowest Law Enforcement Priority, as described in Section 4 and 5 of this article. SECTION 5. COMMUNITY OVERSIGHT. Building code inspection and enforcement contracted to private bid and county employee to examine progress providing monthly reports and this employee rotated annually. SECTION 6. NOTIFICATION OF LOCAL, STATE, AND FEDERAL OFFICIALS. After the enactment of this Article, the County Clerk shall send letters on an annual basis (every June 1st) to the Mayor of the County of Hawaii, the County of Hawaii voters' Congressional Delegation, Hawaii's U.S. senators, the County of Hawaii voters' representatives in the Hawaii State Legislature, Governor of Hawaii, and the President of the United States. This letter shall state; "The citizens of the County of Hawaii have passed an initiative, LOWEST LAW ENFORCEMENT PRIORITY OF CHAPTER 5 FOR RESIDENTIAL PURPOSES AND AFFIRMATION OF ORDINANCE 08 181 FOR ANY QUANTITY OF CANNABIS "LAW ENFORCEMENT AGAINST PROHIBITION (LEAP)" The Denizens of the County ask for your aloha and kukua. SECTION 7. STATUTORY AND CONSTITUTIONAL INTERPRETATION. All provisions in this article shall only be implemented to the full extent that the Constitution of the State of Hawai'i and the Hawai'i Revised Statutes allows, and in the event, and only in the event, that a court of competent jurisdiction determines that any provision in any section of this article may not be directed by voter initiative or by action of the County Council, then that specific mandatory provision only shall be deemed advisory and expression of the will of the people that the provision shall be implemented into law by whichever government branch or official whom has the power to implement it, and that the Hawai'i County Council shall take all actions within their power to work with those branches of government to express the will of the people and to encourage, support, and request the implementation of those provisions. 5 SECTION 8. SEVERABILITY. In the event, and only in the event, that a court of competent jurisdiction should find one or more of the sections, or parts of sections of this Article illegal, or any provision of this Article illegal, or any provision of this Article or the application hereof to any person or circumstance is held invalid, the remainder of the Article and the application of such provisions to other persons or circumstances shall not be affected thereby. INTRODUCED BY: HRS: 490 /UCC: 1 -207 U PROTES DANIEL H. CUNNINGHAM (DA E) 6