The City Council Zoning Committee last week moved forward two more bills that would slap tougher penalties on homebuilders who sidestep zoning laws.
The bills were spurred by Oahu homeowners who are continuing to voice frustration over blatant violations still happening in their neighborhoods even after the Council approved a temporary moratorium on “monster houses” while city officials discuss permanent ways to cope with a growing problem.
Monster houses are large-scale residential structures that tower over other homes in their neighborhoods and often skirt the letter of the law. Opponents of monster houses say they are changing the character of older Oahu neighborhoods, taxing parking, water and sewage capacity and, sometimes, operating illegally as rooming houses or vacation
rentals.
About half a dozen people testified in support of the measures at Thursday’s zoning meeting, and most of the written testimony supported them as well.
Bill 50 Opens in a new tab exacts stiffer penalties on contractors and homeowners who violate the moratorium on large-scale houses that was approved in March.
Bill 53 Opens in a new tab hikes the penalties on those who either build without a permit or continue to build residential structures — regardless of size — despite explicit directions from the city to stop.
A large, three-story apartment complex on Date Street in Kapahulu was built first without a building permit and then later while under a stop-work order by the city. The owner and contractors are accruing $1,050 in daily fines that now total more than $130,000. Opponents think it should be torn down.
Zoning Chairwoman
Kymberly Pine, at the urging of the group HI Good Neighbor, amended Bill 53 to make it clear that the Department of Planning and Permitting would have the authority to demand a builder tear down either a portion of or an entire house if work continues after a notice of violation and stop-work order has been imposed.
City officials said they already have the authority to demand a structure, or a part of it, be torn down when they are built without permits or while under a stop-work order, but noted that the process involves giving a property owner or contractor the opportunity to rectify the violations which, in some rare cases, might require a tear-down.
Timothy Hiu, deputy DPP director, also noted that the procedure takes time. There is an appeals process, and then a court must give the OK for more drastic measures. They cited as an example a recent court order allowing a city contractor to enter a Makiki property to clean up abandoned vehicles and other unsightly debris first filed in late 2006.
Another amendment in Bill 53 would increase daily fines to $10,000, from $1,000, or 10 times the value of a building permit’s work, whichever is greater, for continuing to work after
the issuance of a stop-work order.
A third amendment would require DPP to notify the state Department of Commerce and Community Affairs of any information about violations by homebuilders so that actions to take away contractors’ licenses can be initiated.
Former Gov. Neil Abercrombie and his wife, University of Hawaii professor Nancie Caraway, were among those urging the Council to adopt stiffer
penalties.
“You have to give (DPP) a hammer to hit these people hard,” Abercrombie said. “The present law allows for corrections. We’re not talking about corrections. This isn’t about correcting mistakes, this is deliberate violation of the law with a calculation of how much they’re willing to spend to get fined and to string it out.” Those who deliberately violate the law should not be allowed the opportunity to apply for variances, he said.
Waianae resident Demont Conner said he supports both bills but thinks the penalties can be even more stringent by, for instance, placing a lien on the properties under question.
There was a smattering
of testifiers who voiced concerns with the retroactive nature of Bill 50.
The bills now go back to the full Council for second
of three needed votes. After that second vote they will return to the Council for more work.
