REPORT TITLE:
Land Use


DESCRIPTION:
Allows the land use commission to impose conditions on
reclassified lands.  Strengthens penalties for violation of
chapter 205, HRS.  (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        558
THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO LAND USE. 


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

 1      SECTION 1.  Section 205-13, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "�205-13  Penalty for violation.  Any person who violates
 
 4 any provision [under section 205-4.5, or any regulation
 
 5 established relating thereto,] of this chapter, any rule or
 
 6 ordinance established relating thereto, or any restriction or
 
 7 condition relating to a boundary reclassification or special use,
 
 8 shall be fined not more than $5,000, [and any person who violates
 
 9 any other provision of this chapter, or any regulation
 
10 established relating thereto, shall be fined not more than
 
11 $1,000.] for each violation.
 
12      If any person cited for a violation under this chapter fails
 
13 to remove [such] the violation or comply with this chapter, any
 
14 rule or ordinance pursuant thereto, or any restriction on or
 
15 condition of approval within six months of [such] a citation for
 
16 the violation and the violation continues to exist, [such] the
 
17 person shall be subject to a citation for a new and separate
 
18 violation.  There shall be a fine of not more than $5,000 for any
 
19 additional violation.  After written notification, violation of
 

 
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 1 this chapter, any rule or ordinance adopted pursuant thereto, or
 
 2 any restriction on or condition of approval may incur an
 
 3 additional fine of up to $2,000 per day for each day in which the
 
 4 violation persists.
 
 5      Prior to the issuance of any citation for a violation, the
 
 6 appropriate enforcement officer or agency shall notify the
 
 7 violator and the mortgagee, if any, of [such] the violation, and
 
 8 the violator or the mortgagee, if any, shall have not more than
 
 9 sixty days to cure the violation before citation for a violation
 
10 is issued."
 
11      SECTION 2.  Section 205-17, Hawaii Revised Statutes, is
 
12 amended to read as follows:
 
13      "�205-17  Land use commission decisionmaking criteria.  In
 
14 its review of any petition for reclassification of district
 
15 boundaries pursuant to this chapter, the commission shall
 
16 specifically consider the following:
 
17      (1)  The extent to which the proposed reclassification
 
18           conforms to the applicable goals, objectives, and
 
19           policies of the Hawaii state plan and relates to the
 
20           applicable priority guidelines of the Hawaii state plan
 
21           and the adopted functional plans;
 
22      (2)  The extent to which the proposed reclassification
 
23           conforms to the applicable district standards; and
 

 
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 1      (3)  The impact of the proposed reclassification on the
 
 2           following areas of state concern:
 
 3           (A)  Preservation or maintenance of important natural
 
 4                systems or habitats;
 
 5           (B)  Maintenance of valued cultural, historical, or
 
 6                natural resources;
 
 7           (C)  Maintenance of other natural resources relevant to
 
 8                Hawaii's economy, including, but not limited to,
 
 9                agricultural resources;
 
10           (D)  Commitment of state funds and resources;
 
11           (E)  Provision for employment opportunities and
 
12                economic development; and
 
13           (F)  Provision for housing opportunities for all income
 
14                groups, particularly the low, low-moderate, and
 
15                gap groups; and
 
16      (4)  The representations and commitments made by the
 
17           petitioner in securing a boundary change.
 
18 The commission may impose conditions in reclassifying lands that
 
19 shall be binding upon the landowner and all subsequent landowners
 
20 of the reclassified lands."
 
21      SECTION 3.  This Act shall not affect the rights that have
 
22 matured, penalties that were incurred, or actions that were
 
23 initiated prior to the effective date of this Act.
 

 
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 1      SECTION 4.  Statutory material to be repealed is bracketed.
 
 2 New statutory material is underscored.
 
 3      SECTION 5.  This Act shall take effect upon its approval.