09-10-2009, 04:06 AM
If the public’s best interest and the people’s rights is “a load of hot air”… Why don’t we just give full unencumbered power to the government, burn the Constitution, toss out democracy and hang it all up right here and now?
The point boils down to the same legal/constitutional issue regarding the laws requiring licensed plumbers, electricians and architects. One of a municipality’s duties is to promote the general welfare and here we have a classic example of what such a duty means and what happens when it is not honored by a municipality. Hawaii I can say without doubt has the highest per capita of unpermitted homes throughout all the U.S. However; Hawaii does not have the lowest income base in the U.S. Why is this? When the state/county enacts legislation contrary to the best interest of promoting the general welfare, there are natural consequences. The consequences are all those people who avoid the permit process because of the codes that lack sufficient interest to justify their existence, the same applies to codes which would ban selective construction materials and methods without sufficient interest.
So when people would stand against the use of tents by property owners and not adopt them into the code of acceptable structures for residential purposes, they likewise relinquish the capability of regulating the use of tents and tent type buildings. So rather than a person going down to the building department and receiving a permit for their tent structure on their property which would contain an educational sheet and have a basic criteria checklist of basic standards to be met… they simply strike a camp that is either safe or unsafe or they build a structure using a mixture of tent type material and other products that may be safe or unsafe.
Bottom line, these Hawaii codes do not promote the general welfare and ignore the sufficient public interest directives. Since the vast majority of all States don’t have such reckless codes but to the contrary they fully protect the owner builder’s rights and allow unconventional materials use… how is it that these codes can be considered legally justifiable in Hawaii? Where is the sufficient interest in these codes and how are they to promote the general welfare of the public?
E ho'a'o no i pau kuhihewa.
The point boils down to the same legal/constitutional issue regarding the laws requiring licensed plumbers, electricians and architects. One of a municipality’s duties is to promote the general welfare and here we have a classic example of what such a duty means and what happens when it is not honored by a municipality. Hawaii I can say without doubt has the highest per capita of unpermitted homes throughout all the U.S. However; Hawaii does not have the lowest income base in the U.S. Why is this? When the state/county enacts legislation contrary to the best interest of promoting the general welfare, there are natural consequences. The consequences are all those people who avoid the permit process because of the codes that lack sufficient interest to justify their existence, the same applies to codes which would ban selective construction materials and methods without sufficient interest.
So when people would stand against the use of tents by property owners and not adopt them into the code of acceptable structures for residential purposes, they likewise relinquish the capability of regulating the use of tents and tent type buildings. So rather than a person going down to the building department and receiving a permit for their tent structure on their property which would contain an educational sheet and have a basic criteria checklist of basic standards to be met… they simply strike a camp that is either safe or unsafe or they build a structure using a mixture of tent type material and other products that may be safe or unsafe.
Bottom line, these Hawaii codes do not promote the general welfare and ignore the sufficient public interest directives. Since the vast majority of all States don’t have such reckless codes but to the contrary they fully protect the owner builder’s rights and allow unconventional materials use… how is it that these codes can be considered legally justifiable in Hawaii? Where is the sufficient interest in these codes and how are they to promote the general welfare of the public?
E ho'a'o no i pau kuhihewa.