2014-63.1 G&G Bill rev - Laserfiche WebLink

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Communication No. 2014-63.1 DRAFT BILL TO AMEND HAWAII COUNTY CODE CHAPTER 10 "ON IMPROVING GRUBBING/GRADING OVERSIGHTAND ENFORCEMENT" WHEREAS, the Puna Community Development Plan, in the Malama I Ka 'Aina section, page 2.8 states: "2.2.3 Actions (b) Amend the grubbing and grading ordinance and/or the zoning code to protect native species, geological and historical features outside of the BRBZ by preventing pin- to-pin lot grading, clearing and grading encroachments onto adjacent lots and water diversions into adjoining properties. The new regulations should provide standards for the preservation of native vegetation, review and public notice procedures for grading permits, and penalties for violations [emphasis added]." and WHEREAS, often developers fail to apply for a permit prior to grubbing/grading in order to avoid obstacles to their project such as the presence of endangered species, critical habitat, archaeological, historic, cultural or geological features, and WHEREAS, unpermitted grubbing/grading can lead to negative impacts to the environment, public services, neighbors, etc., and WHEREAS, although the responsible party, be it landowner, lessee or renter, can be cited and fined for grubbing/grading without a permit, the damage is already done and irrevocable, and WHEREAS, the responsible party will find it cheaper to pay the $50.00 fine, which is not a disincentive, and which is then factored into the cost of development, and WHEREAS, the responsible party is then, in effect, rewarded for this illegal behavior by being granted a meaningless permit retroactively, and WHEREAS, the contractor who provides the heavy equipment that does the actual unpermitted grubbing/grading is not held responsible in any way, THEREFORE, in order to instill more respect for and compliance with the legal process, to protect the public interest and the 'aina from the negative impacts of grubbing/grading without a permit, and to create a strong disincentive to unpermitted grubbing/grading, BE IT ENACTED THAT CHAPTER 10 OF THE HAWAII COUNTY CODE BE AMENDED AS FOLLOWS: Section 10-2. Hazardous conditions. (a) Whenever the director of public works determines that any existing excavation, fill, grubbing or stockpiling has become a hazard to property, or adversely affects the safety, use, or