Bill Text: HI SB3069 | 2012 | Regular Session | Introduced

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Bill Title: Land Use Commission; Restriction on Use; Condition; Enforcement

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-02-15 - (S) The committee on JDL deferred the measure. [SB3069 Detail]

Download: Hawaii-2012-SB3069-Introduced.html

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THE SENATE	S.B. NO.	3069
TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to land use Enforcement.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  Chapter 205, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§205-    Citizen suits.  (a)  Any individual or party aggrieved by a violation of this chapter, or any rule adopted pursuant to this chapter, shall have a private right of action and may commence a civil suit for injunctive relief in the circuit court.  The prevailing party shall also be entitled to recover the prevailing party's costs together with reasonable attorneys' fees.

     (b)  The circuit courts shall have jurisdiction to enforce this chapter and to impose any civil penalty provided for a violation pursuant to section 205-13.

     (c)  In any suit brought pursuant to this section where the State is not a party, the office of the attorney general, at the request of the commission, may intervene on behalf of the commission as a matter of right.

     (d)  The injunctive relief provided by this section shall not restrict any right that any person or class of persons may have under any other law, including common law, to seek enforcement of any standard or limitation or to seek any other relief, including relief against any instrumentality or agency of the State."

     SECTION 2.  Section 205-12, Hawaii Revised Statutes, is amended to read as follows:

     "§205-12  Enforcement.  [The appropriate officer or agency charged with the administration of county zoning laws shall] (a)  For the purposes of enforcement of this chapter only, the land use commission shall have the power, authority, and discretion to:

     (1)  Take any action necessary to enforce within each county the use classification districts adopted and the restriction on use and the condition relating to agricultural districts [under section 205-4.5 and shall report to the commission all violations.] pursuant to this chapter; and

     (2)  Amend or nullify the commission's original decision to approve, deny, or modify a petition.

     (b)  If the land use commission has reasonable cause to believe or determines that any person has violated or is violating this chapter, or any rule adopted pursuant to this chapter, the commission may:

     (1)  Issue a written notice by certified mail or personal service specifying the alleged violation and the commission's decision to investigate the allegation;

     (2)  Hold hearings;

     (3)  Enter orders; and

     (4)  Take action that it deems appropriate.

     (c)  If the land use commission determines an investigation is warranted, it may:

     (1)  Enter, solely for the performance of its official duties and only at reasonable times, upon private or public lands for examination.  Whenever any member of the commission or its designee duly authorized to conduct investigations determines that entry onto private or public lands for examination is required, the commission shall give written notice to the owner or occupant of such property at least five days prior to the entry;

     (2)  Conduct public hearings, in which the alleged violator shall appear before the commission at a time and place specified in the notice or to be set later and answer the charges complained of;

     (3)  Publish its findings and recommendations as they are formulated relative to the violation; and

     (4)  Give notice of any order relating to a particular violation under this chapter and imposing penalties pursuant to section 205-13 by issuing a written notice by certified mail or personal service.

     (d)  The commission may contract for or delegate to an appropriate organization the performance of the actions set forth in subsection (c).

     (e)  The commission shall adopt reasonable rules pursuant to chapter 91 necessary to carry out the purposes of this section.  These rules shall have the force and effect of law.

     (f)  The land use commission may designate any appropriate enforcement officer or agency charged with administration of county zoning laws within each county to act on behalf of the land use commission in any enforcement proceeding and to report to the commission all violations."

     SECTION 3.  Section 205-13, Hawaii Revised Statutes, is amended to read as follows:

     "§205-13  Penalty for violation.  (a)  Any person who violates any provision under section 205-4.5, or any regulation established relating thereto, shall be fined not more than $5,000, and any person who violates any other provision of this chapter, or any regulation established relating thereto, shall be fined not more than $1,000.

     If any person cited for a violation under this chapter fails to remove such violation within six months of such citation and the violation continues to exist, such person shall be subject to a citation for a new and separate violation.  There shall be a fine of not more than $5,000 for any additional violation.

     Prior to the issuance of any citation for a violation, the appropriate enforcement officer or agency shall notify the violator and the mortgagee, if any, of such violation, and the violator or the mortgagee, if any, shall have not more than sixty days to cure the violation before citation for a violation is issued.

     (b)  Except as otherwise provided by law, the commission or its authorized representative by proper delegation, with respect to a violation of this chapter or any rule adopted or permit issued in accordance with this chapter, may:

     (1)  Set, pursuant to subsection (c), charge, and collect administrative fines or bring legal action to recover administrative fees and costs, as documented by receipts or affidavit, including attorneys' fees and costs; or

     (2)  Bring legal action to recover administrative fines, fees, and costs, including attorneys' fees and costs and payment for damages or for the cost to correct damages, resulting from violation of this chapter or any rule adopted or permit issued in accordance with this chapter.

     (c)  Administrative fines shall be as follows:

     (1)  For a first violation, a fine of not more than $1,000 for each separate offense;

     (2)  For a second violation within six months of a previous violation, a fine of not more than $3,000; and

     (3)  For a third or subsequent violation within five years of the last violation, the individual shall be subject to a citation for a new and separate violation and a fine of not more than $5,000.

     (d)  Any administrative fines collected under this section by the commission shall be deposited in the general fund of the State."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Land Use Commission; Restriction on Use; Condition; Enforcement

 

Description:

Allows citizens to bring suit against a person or party in violation of land uses permissible in the use classification districts established by the land use commission.  Establishes authority and discretion for the land use commission to enforce the use classification districts adopted and the restrictions and conditions on land use under chapter 205, Hawaii Revised Statutes.  Allows land use commission to designate an enforcement officer or agency to act on its behalf in enforcement proceedings.  Establishes administrative fines for violations.

 

 

 

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