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HomeMy WebLinkAbout2024-04-15 Bill 121 Robert Henry From: Robert Henry To: LPCtestimonv Subject: OPPOSING Bill 121-IT IS VERY INTENTIONALLY MISLEADING AND LACKS DUE DILIGENCE AND TRANSPARENCY. Date: Monday,April 15,2024 4:18:45 PM $ 10,,000 fines and having your STVR Business License REVOKED or NOT RENEWED are the consequences under Bill 121 for a STVR owner that receives a "VERIFIED COMPLAINT" by the County of Hawaii Planning Department. With such extreme consequences you would expect an equally rigorous investigation into the validity of the received complaint by the county. It sounds like there's a rigorous investigation or validation process involved, right? Wrong . Under Section 25-4- 16. 10 of Bill 121, a STVR licenses and businesses are at risk of being revoked or not renewed based solely on the receipt of a "VERIFIED COMPLAINT" . But what exactly is a "verified complaint" according to the bill ? The definition of a "verified complaint" in Section 2 of the bill is intentionally misleading . It gives the impression of a fair process, but it's far from it. The director doesn 't investigate whether the complaint actually occurred, The County is required to ONLY VERIFY IF THE COMPLAINT WAS SUBMITTED ON THE PROPER FORM AND IF IT ALLEGES A ZONING VIOLATION ( noise complaint, parking enforcement, occupancy limit, proper sign placement etc. ) AND IF THE COMPLAINT IS SUBMITTED ON THE CORRECT FORM AND IT STATES A ZONING VIOLATION FOR THE REASON FOR THE COMPLAINT, According to Bill 121, it is considered a "VERIFIED COMPLAINT" wherein the homeowner will receive a $ 10,,000 fine AND have their license REVOKED or have it NOT RENEWED. With consequences this severe, there needs to be an equal investigation conducted by the county . You cannot shut down someone's business and force their family into foreclosure because a neighbor filed the proper paperwork. THIS IS UNCONSTITUTIONAL and goes against United States Eighth Amendment prohibition against excessive fines, and is illegal under section 12 of the Hawaiian Constitution . When faced with allegations that could result in a staggering $ 10, 000 daily fine and the imminent threat of STVR business license revocation or closure, a robust procedural investigation led by impartial third parties is imperative . These investigators must operate without bias or affiliation to the county, ensuring a fair and impartial assessment of each verified complaint . Given the severe consequences of losing one's entire business and facing license revocation , the investigation process must match the gravity of the situation . Any findings of guilt must be supported by comprehensive documentation detailing the meticulous investigative procedures undertaken , accompanied by irrefutable evidence including photographs and other substantiating materials confirming the validity of the complaint . A meticulous forensic examination is non - negotiable to determine whether such serious transgressions indeed occurred . The burden of proof rests heavily on the county, imposing an arduous standard of evidence before any irreversible decisions are made that could profoundly impact the lives of Hawaiian citizens . This Bill is flawed on so many levels, but the lack of transparency and the just requiring administrative paperwork to be correct on the county's part to be able to shut down a a Legally Operating Ohana Business that supports Hawaii Island Families is outrageous . This bill is intentionally misleading, and has not done ANY of the required due diligence like performing an economic impact study when the consequences are so grave, is nothing short of governmental abuse to our Hawaii County Citizens. PLEASE STOP THIS BILL. It will not solve the housing crisis and it will bankrupt Hawaii Ohana . Mahalo, Robert Henry