HomeMy WebLinkAbout 06/05/2019 Planning Committee minutes MINUTES
PLANNING COMMITTEE
June 5, 2019
A meeting of the Planning Committee of the Council of the County of Kaua`i,
State of Hawai`i, was called to order by Luke A. Evslin, Committee Vice Chair, at the
Council Chambers, 4396 Rice Street, Suite 201, Lihu`e, Kaua`i, on Wednesday,
June 5, 2019, at 8:52 a.m., after which the following Members answered the call of
the roll:
Honorable Arthur Brun
Honorable Ross Kagawa
Honorable Luke A. Evslin
Honorable Arryl Kaneshiro, Ex-Officio Member
Excused: Honorable KipuKai Kuali`i
Honorable Mason K. Chock
Honorable Felicia Cowden, Ex- Officio Member
The Committee proceeded on its agenda item as follows:
Bill No. 2746 A BILL FOR AN ORDINANCE AMENDING CHAPTER 8
AND CHAPTER 10 OF THE KAUAI COUNTY CODE 1987,
AS AMENDED, RELATING TO ENFORCEMENT, LEGAL
PROCEDURES, AND PENALTIES (This item was
deferred.)
Councilmember Kagawa moved to approve Bill No. 2746, seconded by
Councilmember Brun.
Committee Vice Chair Evslin: For the public, this is a bill that is meant to
strengthen existing mechanisms to assist the Planning Department with its
enforcement of the codes, statutes, regulations, and to have the authority to enforce.
Councilmember Cowden and Councilmember Chock had a few questions for the
Planning Department, so instead of reliving this item twice, I would prefer to take
care of what I believe is a housekeeping amendment, take public testimony, and defer
until the other Committee members are present to ask questions. If that is okay with
the Committee, could I get a motion to amend the bill as circulated and a second?
Councilmember Kagawa moved to amend Bill No. 2746, as circulated, as
shown in the Floor Amendment which is attached hereto as Attachment 1,
seconded by Councilmember Brun.
Committee Vice Chair Evslin: The amendment is a housekeeping measure
to properly number Section 1 and change the word "of' to "on" in Section 2. The
remaining portions were new sections, though it is underlined, it is not new language
to the original bill. Do we have any questions from the members? If not, I would like
to suspend the rules to take public testimony on the amendment and the bill. Before
PL COMMITTEE MEETING 2 JUNE 5, 2019
we take public testimony, I want to clarify one thing. We have received a lot of
testimony in opposition of the ten thousand dollar ($10,000) fine. I believe this has
been in place since 2013. This bill does not have any change to that ten thousand
dollar ($10,000)fine structure. The changes are regarding the lien and the expansion
of the enforcement account. I want to clarify that the Planning Department gives
ample time to come into compliance before they actually issue the fine. There would
be a notice of violation and a number of other measures before anyone would receive
the fine. Do we have any registered speakers today?
KARLYN SUKEHIRA, Council Services Assistant I: We have no
registered speakers.
Committee Vice Chair Evslin: Is there anyone in the public wishing to
testify?
There being no objections, the rules were suspended to take public testimony.
There being no one present to provide testimony, the meeting was called back
to order, and proceeded as follows:
Committee Vice Chair Evslin: Do we have any discussion from the
members?
The motion to amend Bill No. 2746, as circulated, as shown in the Floor
Amendment which is attached hereto as Attachment 1 was then put, and
carried by a vote of 3:0:2 (Councilmember Kuali`i and Committee Chair Chock
were excused).
• Councilmember Kagawa moved to defer Bill No. 2746, as amended to
Bill No. 2746, Draft 1, seconded by Councilmember Brun, and carried by a vote
• of 3:0:2 (Councilmember Kuali`i and Committee Chair Chock were excused).
The Committee proceeded on its agenda item, as shown in the following
• Committee Report, which is incorporated herein by reference:
• CR-PL 2019-04: on Bill No. 2747 A BILL FOR AN ORDINANCE AMENDING
CHAPTER 6, ARTICLE 14, KAUAI
COUNTY CODE 1987, AS AMENDED,
• RELATING TO THE PUBLIC ACCESS,
OPEN SPACE, NATURAL RESOURCES
• PRESERVATION FUND (Approved as
Amended.)
• There being no further business, the meeting was adjourned at 9:16 a.m.
• Respectfully submitted,
Pli°614115-1-4
KarLyn Sukehira
• Council Services Assistant I
PL COMMITTEE MEETING 3 JUNE 5, 2019
APPROVED at the Committee Meeting held on July 10, 2019:
'1//
LUKE EVSLIN
Vice Chair, PL Committee
D4M-914
(June 5, 2019)
FLOOR AMENDMENT
Proposed Draft Bill (No. 2746), Relating to the Enforcement, Legal Procedures, and
Penalties
Introduced by: ROSS KAGAWA
Amend Proposed Draft Bill (No. 2746) in its entirety as follows:
SECTION 1. Findings and Purpose. The purpose of this bill is to
strengthen existing mechanisms to assist the Planning Department with its
enforcement of the codes, statutes, and regulations that it has the authority to
enforce. The proposed revisions and additions will better enable the Department to:
(a) Notify the property owner of a violation where service cannot be
attained;
(b) Place a lien on property where the owner has refused to rectify
the violation or pay their civil fine within thirty (30) days of the County's
notice of violation and order;
(c) Provide for education, training, and legal representation
opportunities utilizing the Planning Enforcement Account within Fund 251
where such is not available now; and [4) clarify the applicable enforcement
section for violations of Chapter 10, Kauai County Code 1987, as amended.]
(d) Clarify the applicable enforcement section for violations of
Chapter 10, Kaua`i County Code 1987, as amended.
SECTION 2. Chapter 8, Section 3.5(b), Kaua`i County Code 1987, as
amended, is amended to read as follows:
"(b) Civil Fines.
(1) If the Director of the Planning Department determines
that any person, firm or corporation is not complying with a notice of
violation, the Director may have the party responsible for the violation
served, by mail or delivery, or by posting on the property which
address is the most current address reflected in the Real Property tax
records, or by publishing such notice in a newspaper of general
circulation in the County of Kauai should previous notification efforts
not be accepted, with an order pursuant to this Section. The order may
require the party responsible for the violation to do any or all of the
following: (A) correct the violation within the time specified in the
order; (B) pay a civil fine not to exceed ten thousand dollars
($10,000.00) in the manner, at the place, and before the date specified
in the order; (C) pay a civil fine up to ten thousand dollars ($10,000.00)
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per day for each day in which the violation persists, in the manner and
at the time and place specified in the order. All civil fines shall be
deposited to the Planning Enforcement Account within Fund 251.
• (2) The order shall advise the party responsible for the
•
violation that the order shall become final thirty (30) calendar days
after the date of its delivery[.] or posting on the property, or publishing
of such notice in a newspaper of general circulation in the County of
• Kaua`i. The order shall also advise that the Director's action may be
• appealed to the Planning Commission.
(3) The provisions of the order issued by the Director under
this Section shall become final thirty (30) calendar days after the
service or posting on the property, or publishing of such notice in a
newspaper of general circulation in the County of Kaua`i, of the order.
The parties responsible for the violation may appeal the order to the
Planning Commission pursuant to its rules. The form of this appeal
must conform to the Planning Commission's rules. However, an appeal
• to the Planning Commission shall not stay any provision of the order.
(4) The Director may institute a civil action in any court of
competent jurisdiction for enforcement of any order issued pursuant to
this Section. Where the civil action has been instituted to enforce the
civil fine imposed by said order, the Director need only show that the
notice of violation and order were served; that a civil fine was imposed;
the amount of the civil fine imposed has not been paid; that either the
order has not been appealed or that if appealed, the order was
sustained by the Commission and/or any Court action.
[(5) There is hereby established and created an account to be
known as the "Planning Enforcement Account" within Fund 251. The
fines collected pursuant to this Section are hereby deemed
appropriated upon receipt and may be expended to retain independent
contractors to assist in the enforcement of the Comprehensive Zoning
Ordinance and other Codes, Statutes, or regulations the Planning
Department has the authority to enforce. The fines may also be
expended for materials, supplies, and equipment that facilitate
inspection and enforcement of such violations. Council notification is
required for any single expenditure from this account which exceeds
ten thousand dollars ($10,000.00). Any fines collected when the
account has an excess of one hundred thousand dollars ($100,000.00)
in uncommitted funds shall be transferred and deposited into the
General Fund at the close of the fiscal year. The fines collected shall
not lapse at the close of the fiscal year. The Planning Department
shall annually report to the Council as part of the Mayor's budget
submittal on March 15th of each year, the expenditures and outcomes
of said account.]
(5) The Director may place a lien on the property if the
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violation has not been corrected or the civil fine imposed has not been
paid within thirty (30) days of the order.
(A) Said lien shall be recorded with the State of
Hawai`i, Bureau of Conveyances or registered in the Office of the
Assistant Registrar of the Land Court, and shall identify the
owner's name, address of the property, and tax map key number
of the property, and include copies of pertinent documentation
as to the failure of the property owner to pay the civil fine. Any
cost incurred in the filing of the lien shall be part of the lien for
the civil fine set forth.
(B) The lien may be enforced and foreclosed by action
of the Director in circuit court, and the proceedings before the
circuit court shall be conducted in the same manner and form as
ordinary foreclosure proceedings. If the owners or claimants of
the property against which a lien is sought to be foreclosed are
at the time out of the County or cannot be served within the
County, or if the owners are unknown, and the fact shall be
made to appear by affidavit to the satisfaction of the court, and
it shall in like manner, appear prima facie that a cause of action
exists against such owners or claimants or against the property
described in the complaint, or that such owners or claimants are
necessary or proper parties to the action, the court may grant an
order that the service may be made in the manner provided by
Chapter 634, H.R.S. In any such case it shall not be necessary to
obtain judgment and have execution issued and returned
unsatisfied, before proceeding to foreclose the lien in the manner
provided.
(C_) The Director or subordinate shall, at the expense of
the debtor, upon payment of the amount of the lien, execute and
deliver to the debtor a sworn satisfaction, which shall be entered
in the general indexes of the Bureau of Conveyances or noted on
the certificate if a notation of the original notice was made on
any Land Court Certificate of Title.
(6) There is hereby established and created an account to be
known as the "Planning Enforcement Account" within Fund 251. The
fines collected pursuant to this Section are hereby deemed
appropriated upon receipt and may be expended to retain independent
contractors to assist in the enforcement of the Comprehensive Zoning
Ordinance and other Codes, Statutes, or regulations the Planning
Department has the authority to enforce. The fines may also be
expended for materials, supplies, education, training, and legal
representation, and equipment that facilitate inspection and
enforcement of such violations. Council notification is required for any
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single expenditure from this account that exceeds ten thousand dollars
($10,000.00). Any fines collected when the account has an excess of
five hundred thousand dollars ($500,000.00) in uncommitted funds
shall be transferred and deposited into the General Fund at the close
of the fiscal year. The fines collected shall not lapse at the close of the
fiscal year. The Planning Department shall annually report to the
Council the expenditures and outcomes of said account as part of the
• Mayor's budget submittal on March 15th of each year."
• SECTION 3. Chapter 10, Kauai County Code 1987, as amended, is
hereby amended by adding a new Article 7 to read as follows:
• "Article 7. Enforcement, Legal Procedures, and Penalties.
Any violation of any article, section, or provision of this Chapter shall
be subject to the enforcement, legal procedures, and penalties provided for in
• Chapter 8, Article 3 of the Kaua`i County Code 1987, as amended."
SECTION 4. Severability. The invalidity of any word, section, clause,
paragraph, sentence, part or portion of this ordinance shall not affect the validity of
any other part of this ordinance that can be given effect without such invalid part
or parts.
SECTION 5. Material to be repealed is bracketed. New material is
underscored. When revising, compiling, or printing this Ordinance for inclusion in
the Kauai County Code 1987, as amended, the brackets, bracketed material, and
underscoring need not be included.
SECTION 6. This Ordinance shall take effect upon its approval.
(Material to be deleted is bracketed. New material to be added is underscored.)
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