HomeMy WebLinkAbout2024-04-24 Bill 121 Claudia Rohr OP From: Claudia Rohr
To: W PCtesti mons
Subject: Testimony for amendment to Bill 121 for the May 4,continued hearing
Date: Wednesday,April 24,2024 11:39:35 AM
Aloha Windward Planning Commission Chair and Commissioners- I
am testifying in opposition to the excessive fines and the appeal procedures
Bill 121 presents.
The Eighth Amendment to the United States Constitution provides:
"Excessive bail shall not be required, nor excessive fines imposed, nor cruel
and unusual punishments be inflicted."
Article I, § 12 of the Hawaii Constitution provides "Excessive bail
shall not be required, nor excessive fines imposed, nor cruel or unusual
punishment inflicted." The protection against excessive fines guards against
abuses of the government's punitive or criminal law enforcement authority,
and the safeguard has been held to be fundamental to our scheme of ordered
liberty with deep roots in history and tradition.
This constitutional protection will be violated by the excessive,
cumulative fines put in place by Bill 121.
The imposition of fines occurs before any due process is afforded to
the alleged violator, and could thus run into the hundreds of thousands or
millions of dollars before any evidence is considered by the Board of
Appeals, any hearing occurs, and an opportunity provided for the Planning
Director to prove that a violation occurred which warrants such a fine.
The County of Hawaii's Board of Appeals is woefully inadequate for
processing cases. This violates the right to fair notice and a meaningful
hearing at a meaningful time protected by the due process clauses of the
United States and Hawaii constitutions. In 2022 the BOA met four times,
and in 2023 the BOA met eight times. Appeals of Bill 121 excessive fines
should go to the Planning Commission that meets twice a month and holds a
full contested case hearing, not the abbreviated version of the woefully
inadequate Board of Appeals that disregards due process.
As Bill 121 stands, without amendment to the excessive, cumulative
fines, TAR owners and operators cited with allegations of violations will
most likely be forced into settlement and abandonment of their otherwise
lawful use of residential property, in some cases forcing a sale or foreclosure,
prior to any resolution of an appeal to the Board of Appeals or Planning
Commission, making any appeal of the fines moot, and effectively
preventing meaningful judicial review. The excessive, cumulative fines
combined with our County's appeal process makes Bill 121 unconstitutional.
Thank you for your time and service,
Claudia Rohr
Hilo, Hawaii
808-640-5976