HomeMy WebLinkAboutBIL 199 Draft 01 2016-2018PWPRC-26
ORDER OF RESOLUTIONS
BILLS FOR ORDINANCES
October 16, 2018
Bill 199: AMENDS CHAPTER 5, ARTICLE 2, DIVISION 1, SECTION 5-11, OF THE
HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED),
RELATING TO DUTIES OF THE DIRECTOR OF THE DEPARTMENT OF
PUBLIC WORKS
Requires the Department of Public Works to compile, maintain, and provide to
applicants for building permits information on homeowner association covenants,
conditions, and restrictions that may affect the applicant's proposed project.
Reference: Comm. 1097
Intr. by: Ms. O'Hara
WITHDRAWN BY INTRODUCER
ADJOURNMENT — 3:53 p.m.
Note: B/R, when listed next to the name of an Introducer, signifies that the Council Member has agreed
to introduce legislation "By Request" on behalf of the requesting party. It does not necessarily signify
support of or opposition to the proposal.
The meeting places are accessible for persons with disabilities. Persons who need special
accommodations for this meeting should call 961-8245 by October 12, 2018. Relay users please call
711(961-8245) to contact our office.
Notice is hereby given that pursuant to Hawaii Revised Statutes (hereinafter "HRS") §92-3.5, the
Hawaii County Council will be conducting this meeting via videoconference. If audio stream between
Kona and Hilo is lost for more than a short period of time, the meeting will be terminated. Council
Members will be present at the following location:
• Hilo Council Chambers, Hawaii County Building, 25 Aupuni Street, First Floor, Room 1401.
(Pursuant to HRS §92-7 and Council Rule No. 2, Council Member Aaron S. Y. Chung will be
participating from the Hilo Council Chambers.)
Public attendance via videoconference will be available at the Hilo location.
Public attendance via courtesy site is also available at the following locations until 4:30 p.m. or later in
the event public testimony has not been completed:
• Pahoa Council Office, 15-2879 Pahoa Village Road; and
• Waimea Council Office, Parker Square, 65-1279 Kawaihae Road, Suite 109.
Page 2
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ORDINANCE NO.
STATE OF HAWAII
BILL NO. 199
AN ORDINANCE AMENDING CHAPTER 5, ARTICLE 2, DIVISION 1, SECTION 5-11,
OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING
TO DUTIES OF THE DIRECTOR OF THE DEPARTMENT OF PUBLIC WORKS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Findings and Purpose. All building permits for the County of Hawaii are
issued through the Building Division of the Department of Public Works, which administers
provisions of the Hawaii County Code and other governmental requirements as part of its
review and analysis of each application. Building permit applicants may also be subject to
additional review and/or requirements imposed through homeowner association covenants,
conditions, and restrictions. Building permit applicants may not be aware of these additional
requirements and commence and even complete construction without knowledge of or adherence
to these supplemental requirements, which can create an undue hardship of additional expense
and loss of time.
The purpose of this ordinance is to prevent those desiring to lawfully construct buildings
from running afoul of applicable covenants, conditions, and restrictions by having the
Department of Public Works inform all building permit applicants of any known supplemental
requirements.
SECTION 2. Chapter 5, article 2, division 1, section 5-11, of the Hawaii County Code
1983 (2016 Edition, as amended), is amended to read as follows:
"Section 5-11. Duties of the Administrative Authority.
The administrative authority shall maintain public office hours necessary to
efficiently administer the provisions of this code and amendments thereto and shall
perform the following duties:
(1) Shall enforce the provisions of this code and shall have authority to render
interpretations of this code and to adopt policies and procedures in order to
clarify the application of its provisions. Such interpretations, policies and
procedures shall be in compliance with the intent and purpose of this code.
Such policies and procedures shall not have the effect of waiving
requirements specifically provided for in this code;
(2) Require submission of, examine, and check plans and specifications,
drawings, descriptions, and diagrams necessary to show clearly the character,
kind, and extent of work covered by applications for a permit, and upon
approval, shall issue the permit applied for;
(3) Administer and enforce the provisions of this code in a manner consistent with
the intent thereof and shall inspect all plumbing and drainage work authorized
by any permit to assure compliance with provisions of this code or
amendments thereto, approving or condemning said work in whole or in part
as conditions require;
(4) Issue upon request a certificate of approval for any work approved by the
administrative authority;
(5) Condemn and reject all work done or being done or materials used or being
used which do not in all respects comply with the provisions of this code and
amendments thereto;
(6) Order changes in workmanship and materials essential to obtain compliance
with all provisions of this code;
(7) Investigate any construction or work regulated by this code and issue such
notices and orders as provided in this code; []
(8) Compile and maintain a record of homeowner associations' covenants,
conditions, and restrictions with rules that set standards for buildable areas,
setbacks, unit sizes, building height limits, types of materials, accessory
structures, design guidelines, and parking and landscaping_ and provide these
records in a timely manner to a building_ permit applicant whose proposed
project is under the purview of any of the aforementioned requirements that
are supplemental to laws, regulations, and requirements that are under the
direct jurisdiction and authority of the County; and
0 Keep a complete record of all essential transactions."
SECTION 3. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed and stricken 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 the invalidity does not affect other
provisions or applications of the ordinance which can be given effect without the invalid
provisions or application, and to this end the provisions of this ordinance are severable.
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SECTION 5. This ordinance shall take effect upon its approval.
1► � • � i1�7�7:3�ii
COUNCIL MEMBER, COUNTY OF HAWAII
, Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 1097