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