STAND. COM. REP. 912

Honolulu, Hawaii

, 2003

RE: S.B. No. 1560

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Water, Land Use, and Hawaiian Affairs, to which was referred S.B. No. 1560 entitled:

"A BILL FOR AN ACT RELATING TO PROPERTY LEFT IN A DANGEROUS CONDITION,"

begs leave to report as follows:

The purpose of this bill is to protect public health, safety, and welfare by:

(1) Requiring the owner of an abandoned building or facility to make a reasonable effort to repair the damage and correct the problem;

(2) Authorizing counties to condemn and demolish abandoned facilities that have not been used for two years, been damaged due to a natural disaster, and are larger than 5,000 square feet; and

(3) Establishing civil penalties for property owners whose property sits in a damaged and dangerous condition and who fail to make reasonable efforts at remediation.

The County of Kauai, a member of the Kauai County Council, and Kiahuna Plantation Resort & The Beach Bungalows at Kiahuna testified in support of this measure. The Hawaii Hotel Association–Kauai Chapter and Poipu Beach Resort Association testified in support of the intent of this measure.

Many buildings are damaged by acts of nature and at times may sit abandoned or unused for several years. This not only is an eyesore in the community but negatively impacts the health, safety, and welfare of the community. Furthermore, the failure to remove unsightly and dangerous structures impact the tourism industry, the pillar of our State's economy.

Your Committee finds that building owners need to take more responsibility in the restoration or removal of damaged, unsightly, and dangerous structures by removing them in a timely manner. Although this measure attempts to achieve this, your Committee finds that the civil penalties established in this bill do not act as a strong enough deterrent.

Accordingly, your Committee has amended this measure by:

(1) Deleting the established fine of $200 per day and authorizing the counties to establish the amount of the civil penalty for failure by a property owner to make reasonable efforts to remediate a dangerous property to an amount not to exceed $1,000 per day;

(2) Requiring the county to place a lien on property sitting in a damaged or dangerous condition to secure payment for costs incurred for the condemnation, demolition, or remediation of property sitting in a damaged or dangerous condition; and

(3) Making technical, nonsubstantive amendments for purposes of clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Water, Land Use, and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1560, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1560, H.D. 1, and be referred to the Committee on Judiciary.

 

Respectfully submitted on behalf of the members of the Committee on Water, Land Use, and Hawaiian Affairs,

 

____________________________

THOMAS WATERS, Acting Chair