HomeMy WebLinkAboutCOM 0128.106 2010-2012Submitted by "Bob" (Pahoa Council Office, Council's October19, 2011 meeting)
P,Gouwax,
aLL 2_ 7c, o
I'd just like to mention that I'm a Moarin Corps Veteran and 25 year resident of the Big Island.
1. It's no secret that there are thousands of unpermitted structures on the Island, including many
primary residences. The question is how to deal with the situation. Are we to make all of these
people criminals? Can we seriously consider throwing thousands of people out of their homes?
Is it realistic to think that people already under financial duress could afford to pay stiff fines?
The common sense answer is, of course not.
2. Noody built without permits because they just wanted to thumb their noses at the county
regulations. The vast majority made the decision based purely on financial considerations.
3. Also, almost all of the unpermitted dwellings on the Island are on agricultural lands of one acre
or more. It makes all the sense in the world to enforce stricter standards on properties in
residential sub - divisions where the lots are small and the population density is great. But I don't
believe that there is any evidence to suggest that unpermitted structures on ag lands have ever
caused any significant harm or inconvenience to their neighbors.
4. Many people don't mind living without the benefits of county infrastructure and lack of other
services in their neighborhoods and have done their best to create a comfortable lifestyle for
their families in spite of this lack. In fact, many enjoy the simple rural lifestyle that comes with
living on a three or four mile dirt road that's riddled with potholes; and though it's not always
easy, they've adapted to living under these conditions. The important point to make is that their
actions never have, and are not now, hurting either themselves or their neighbors, or the people
who live closer to town. I don't believe that the county should be in the business of penalizing
people and families who are not hurting anyone due to their lack of permits.
5. The intention of any good law should be to maintain an orderly society where peole do not hurt
and are not hurt by the actions of others. I believe that in a free, democratic society like ours,
this "intent" of the law should not be buried under some "letter" of the law. Yes, we need laws,
but there should always be room for reasonable exceptions to the laws, and the laws should be
written to allow for flexibility in their interpretation.
6. My suggestion would be for the county to have a "real" amnesty whereby people living on
agricultural parcels could come forward to have their unpermitted structures grandfathered in
without being required to bring them up to current code. Either the county could send out
inspectors to certify that the places pose no significant danger to the occupants or their
neighbors, or the owners could hire private building inspectors— approved by the county —to
certify that the structures are safe for habitation. Of course, there would be fees to pay, but
many owners would be happy to come forward under these conditions and it would add
considerably to the county's real property tax revenues. But any amnesty that requires people
who can't afford it to bring their structures up to code is bound to fail.
7. I believe the members of the County Council can move forward on this issue using their
intelligence, common sense, and an understanding of the difficult economic times that people
are now facing. In my opinion, the best course would be to adopt an alternative rural building
code for those living on agricultural properties who want to opt out of the mainstram code,
whereby, they would be required to formally release the County from any responsibilty for
accidents or natural disasters. But if the Council, in its wisdom, believes tthat it should begin
enforcing fines and perhaps even imposing criminal penalties on those who build without
permits on agricultural lands, then, at least allow what has already been built to be
grandfathered in in an orderly way and start enforcement from some point in the near future
giving those who have lived for years under an unofficial policy of "don't ask, don't tell" to
come forward and have their places grandfathered in. That's a path of action that would be
logically doable without ruining thousands of lives. It would enhance the reputations of the
Council members as being caring and compassionate representatives of the people on the Big
Island, and it would add considerably to the County's revenue stream. iLO EGG
Comm. No.
Ref. To ftae014 Cow" c: /
Ref. Date OCT 1 9 2011