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COUNTY OF HAWAII ORDINANCE NO. STATE OF HAWAII 06 120 BILL NO. 311 AN ORDINANCE AMENDING CHAPTER 5, ARTICLE 1, HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO THE BUILDING CODE. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Purpose. The County council finds that residents with unpermitted construction work within the County of Hawaii may want to legalize their buildings. Consequently, this bill would create an amnesty period, beginning October 1, 2006 through September 30, 2007, during which time, owners of unpermitted buildings may bring their structures into compliance with the County building code without penalty. During this amnesty period, owners of unpermitted buildings completed prior to January 1, 2006, may apply for a permit to bring their buildings in compliance with chapter 5, the County building code. Owners who secure a permit, pursuant to this amnesty program, who otherwise comply with all provisions of the County building code, will be exempt from all civil and criminal penalties pursuant to sections 5 -1.0.6 and 5- 1.0.12 that might otherwise be imposed for constructing a structure without a building permit. SECTION 2. Chapter 5, article 1, Hawaii County Code 1983, (2005 Edition, as amended) is amended by adding a new section 5- 1.0.12(a) to read as follows: (a) For the period beginning October 1, 2006 through September 30, 2007, persons may apply for building permits for residential building or farm structures completed before January 1, 2006 without proper building permits. These special circumstance permits shall be called "amnesty permits." Only persons eligible to obtain a permit, pursuant to section 5- 1.0.8, may apply for an amnesty permit. (b) Amnesty permit holders will be exempt from all civil and criminal penalties pursuant to sections 5- 1.0.6, and 5- 1.0.12, that might otherwise be imposed for constructing a structure without a building permit, if they otherwise comply with all applicable provisions of the County building code, as well as the following listed conditions: (1) An application for a building permit, that satisfies the requirements of the County building code, shall be submitted within the amnesty period; and (2) The unpermitted construction shall be brought into full compliance with the requirements of the County building code, and the permit closed in compliance with the code.