Cracking down on those who build so-called monster homes on Oahu is the purpose of a new city measure the Honolulu City Council unanimously adopted Wednesday.

Bill 44 is meant to prohibit giving false statements to city planners by imposing penalties on violators, particularly those who have been criminally convicted of making a false claim.

Co-introduced by Council Chair Tommy Waters and Council member Tyler Dos Santos-Tam, the bill’s penalties for property owners who build oversized houses include:

>> A two-year moratorium on being able to apply for a building permit.

>> Increased building permit and plan review fees.

>> A temporary certificate of occupancy, wherein the city Department of Planning and Permitting can conduct additional inspections to ensure that the construction is in accordance with building permits.

Moreover, Bill 44 would impose civil fines of up $3,000 for a discovered violation as well as a civil fine of up to $3,000 per day for each day the violation persists.

There was no discussion or public comments at the meeting on the measure, however, Honolulu resident Jun Look submitted written testimony in full support of Bill 44.

“We have to continue to push for the management of developers who abuse our building codes. They are motivated only by money and will not stop until it hurts them in the pocketbook or their ability to do business,” Look wrote. “Bill 44 is a bill that sends a strong message that the community has had enough already.”

Council Vice Chair Esther Kia‘aina previously said she wanted to see monster-home builders punished under Bill 44.

“Blatant violation of city ordinance should not be tolerated, and unfortunately some monster home developers have been getting away with building homes that are out of character with surrounding neighborhoods,” Kia‘aina said in a prior written statement. “This bill is a step in the right direction, but more can be done, and I look forward to discussing further solutions at the City Council, including Bill 52 (2023), which increases fines for monster home developers.”

The Council’s debate over Bill 44 began in 2023.

In July the Council learned that existing state laws — in particular, Hawaii Revised Statutes 710-1063, which deals with unsworn falsifications to authorities — could preempt or eliminate the power of the proposed city measure with regard to lying to city officials, namely DPP inspectors.

At the time Waters said he wanted to hear more information on the city’s ability to add the requirement that homes be demolished if found to be in violation, “and figure out the legality of that before we actually pass this out.”

Previously, Richmond Luzar, policy and communications director for Dos Santos-Tam, told the Honolulu Star-Advertiser that Bill 44 was revised so that it did not conflict with state law.

“Basically, the bill had previously been written to establish its own criminal penalties, which was essentially redundant because it duplicated existing state law,” he said. “But the bill was amended so that Chapter 710 became a trigger; so if somebody is convicted under that chapter it triggers additional penalties that DPP can impose.”

He added the prior call to see monster homes demolished under Bill 44 was also jettisoned.

“It didn’t fit very well to include demolition, in terms of the ordinance,” Luzar said, noting the Council might consider demolishing monster homes in future legislation. “But not in this bill.”

Meantime, the Council’s final Bill 44 vote follows a city Building Board of Appeals hearing held earlier this month regarding Honolulu resident Christy Zeng Lei and the revocation of a building permit at 3615 Sierra Drive above Kaimuki, which the city alleges is a monster home.

According to DPP, Lei, developer of the project, provided incorrect information on her permit application.

Criticized for monster home development in the past, Lei allegedly misrepresented the project’s building density and violated the thresholds established for setbacks, rear and side yards, and the number of bathrooms, among other discrepancies, the city says.

DPP chose to revoke Lei’s permit as a result, while Lei appealed that decision.

But on Feb. 9, the board upheld the city’s revocation of Lei’s building permit for three two-story houses, with 17-1/2 bathrooms, on a single 19,000-square-foot lot. The project also has four wet bars, which exceeds the two allowed for a single zoning lot of more than 10,000 square feet.

Afterward, DPP Director Dawn Takeuchi Apuna said Lei will have to demolish portions of the three buildings to come into compliance with the law.

Lei had testified she’d already spent $1.5 million on a project now determined to be noncompliant and illegal, Takeuchi Apuna said.

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Honolulu Star-Advertiser staff writer Leila Fujimori contributed to this report.