HomeMy WebLinkAbout2014-63.1 G&G Bill rev 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
Communication No. 2014-63.1
stability of a public way or drainage channel, or has been done without a duly authorized
permit, the owner of the property upon which the excavation, fill, grubbing or stockpiling is
located, or other person or agent in control of said property, upon receipt of notice in writing
from the director of public works shall immediately upon receipt or within the period specified
therein cease any unpermitted work and, if work is permitted, repair or eliminate the hazard
and be in conformance with the requirements of this chapter.
Section 10-8. Violations and penalty.
(d) Any person violating the provisions of this chapter by grubbing or grading without a
permit shall, upon conviction, be punished by a fine not to exceed $50,000 or be less than
$5,000, or by imprisonment not to exceed fifty days, or both, for each offense. In addition, said
person shall not be granted a permit to grub or grade for a period of a minimum of one year or
no more than five years. Contractors and operators of heavy equipment that aided and
abetted in the unpermitted grubbing/grading shall also be punished by the same fine and
revocation of their license for a period of a minimum of five years for each offense.
Section 10-11. Fees.
(d) Where work for which a permit is required by this chapter is started or proceeded prior to
obtaining the permit, the fees specified shall be [doubled,] increased tenfold, but the payment
of such [doubled] tenfold fee shall not relieve any person from fully complying with the
requirements of this chapter in the execution of the work nor from any other penalties
prescribed herein.