CRIMINAL penalties for non-permitted buildings!

[liskir]

CRIMINAL penalties for non-permitted buildings-OPPOSE Bill 270 by 9/20

> From: La'akea Community Announcements <laakea-events@...
> >
> Date: September 19, 2011 8:52:57 PM HST
> To: Laakea-events@...
> Subject: [Laakea-events] Criminal penalties for non-permitted
> buildings
> Reply-To: tracy@...

> Aloha Friends, Please forward!
>
> ACT now to avoid criminal penalties for non-permitted buildings, and
> those built without following the standard code! Testimony due by
> Sept 20th, Tuesday at noon!
>
> How many people do you know living in a tarp roofed shelter, or a
> little ohana that they never bothered to get permitted? These folks
> could face arrest and criminal charges if Bill 270 passes.
>
> Now is a good time to send testimony supporting our proposal for a
> future alternative Rural low density building code.
>
> HAWAII COUNTY Council is meeting Wednesday 21st to vote on Bill 270,
> the controversial update of existing Code.
>
> Here's what we and our supporters can do (if you wish to send this
> off to your local e-mail list)
>
> 1. Attend the Council meeting and give testimony in person at 9:00
> am, Sept 21, at the Council Chambers at the County Building, 25
> Aupuni Street, next to the State Building in HIlo.
>
> 2. Submit "
> <mailto:counciltestimony@...>counciltestimony@...
> " and or written
> testimony hand delivered to clerks office.
>
> Submit all testimony by 12:00 noon Sept 20th.
>
> The two most important issues that our testimony on this Bill needs
> to request are:-
>
> 1. The inclusion of an amendment stating "adoption of this
> regulation does not limit or prevent the adoption of alternative
> codes and building regulations by Hawaii County, nor does it require
> a future amendment to this bill."
>
> 2. Removal of the section 5-48-5 on Page 17 that changes infractions
> from a civil to a criminal offense.
>
> Council contact info:
>
> Telephone - 961-8225 - select the Council Member you want to talk to.
> Leave a message and also ask to talk directly with the Council Member.
>
> Email - bsmart@...; dikeda@...;
donishi@...; fblas@...; jyoshimoto@...;
wkenoi@...; bford@...; dyagong@...;
phoffmann@...; apilago@...;
counciltestimony@...
>
> Mahalo,
> Tracy
> La'akea member
---------

http://hawaiisustainablecommunity.org/20...n-bill-270
TO: County of Hawaii Council Members

FROM: Hawaii Sustainable Community Alliance (representing over 200 members)

The population of Hawaii County is one of the most economically and culturally
diverse of any county in the USA yet we have only one Building Code based upon
the erroneous assumption that "one size will work for all". Other mainland
Counties have adopted optional alternative building codes that have proved
successful in maintaining health and safety standards while allowing for
diversity in construction methods and materials.

Our Alliance proposes that an amendment be attached to Bill #270 requiring our
County Administration to adopt an optional alternative building code within one
year.

The County of Hawaii presently has many thousands of residents living in
non-compliant homes. These people are not in financial stress due to mortgages
in a time when so many other people are in danger of losing their homes due to
the rising numbers of bank foreclosures the recession continues to create.

Residents living in non-compliant homes are mostly homesteaders, financing their
own construction sustainably, in a traditional fashion, that needs to be
supported. The County needs to creatively find ways to bring these homeowners
into legal compliance without increasing the risks of homelessness.

Our Alliance requests the removal of Page 19. Section 5-61. Criminal
prosecution. If passed this will make criminals out of otherwise law abiding
citizens presently living in unpermitted or unfinaled homes.

Section 5-60, Administrative enforcement., and section. 5-62 Injunctive action.,
are available at present and are sufficient for the purposes intended.

http://records.co.hawaii.hi.us/Weblink/0...Page1.aspx

[hawaiideborah]

I support this and do not want any more homeless folks.
However, I think the opposition will be with those who in theory support it, but NIMBY.

I have seen that here on punaweb with the option of a Hwy. alternate road through HPP. Many posters thought this is a good idea but NIMBY, (or not on my street). NIMBY is alive and well in Puna.

Some folks living next to tarp like structures are really upset about it. There was even a thread on punaweb where folks did not like someone living in a temporary building nearby Makku and 3rd in HPP. This fellow was only living there while he improved his land and went through the process to figure out how to build (according to another punaweb poster). Anyway, my point is that folks believe in the theory of this but vote based on NIMBY.

Regardless, I support removing this and not having any criminal consequences for alternative shelters.

edited for my bad spelling.

[Bullwinkle]

Build a house - go to jail - grin

Come on folks this is not West Maui

[whalesong]

Maybe we should forward this article to the council members!

Here is a visual of what will happen here if this law passes. .

They have been given permission by the state of N.J. to have 70 people here on state owned property. Then, once this camp is in the public's eye, the city is shamed, so they bring in their bulldozers and destroy, the only homes, that these people had.

Before and after pictures of this tent city in N.J. heartbreaking http://www.businessinsider.com/lakewood-...z1Y9ClQZcu

Have a heart and help others when you can and if you can't help them, at least don't HURT THEM...

[Kapohocat]

This will further hurt the real estate market, and any one trying to sell a house with permitting issues.

Too many times I deal with permitting issues for realtors while the property is in escrow.

Can be Bldg's records are incorrect.
Can be a final inspection never done 20 years ago or more.

Plus the usual un/under-permitted issues.

This is just wrong. Issue fines or double permit fees but criminal????

I am of the belief that our county is just plain stupid sometimes.

[hawaiideborah]

Great points on your post, Kapohocat.

Thought since this thread is about laws I would steal a quote from Kelena that was on another thread:

Originally posted by Kelena

"And anyone who postures and suggests that Hawaii actually has a system of laws is blowing smoke. It is a multi-level overlay of law, culture, tradition, and what you can get away with."

I just love that quote. As far as I am concerned Kelena has nailed it.[8D]

[punaticbychoice]

Thank you Kapohocat and Kalena and hawaiideborah.
I think they want to make Hawaii a safe refuge for rich people.
They don't want those of modest means here, and they will be trying to export most locals, leaving only enough to make the rich who will ultimately move here have a taste of what was.

[Bob Orts]

To clarify:

The Bill does not criminalize having or living in an unpermitted buildings.

It criminalizes disobeying any Notices of Violations that were issued for that unpermitted building.

The unpermitted building is still a civil offense, only when an entity thumbs its nose at the civil procedures does it subject that entity to criminal sanctions. This is consistent with what everyone seems to have been demanding; harsher sanctions for those willfully violating or ignoring Hawaii civil procedures.

You asked for it, now you have it, so why are you complaining?

[Wao nahele kane]

Hope they have the proper procedural process in place for this, most municipalities don't...
http://www.dwtrealestatelawnw.com/2009/1...itutional/


E ho'a'o no i pau kuhihewa.

[terracore]

It seems to me that instead of wasting time and money on something like this they should first fix the issues that make obtaining the permits so difficult, expensive, and time consuming.