CINDY ELLEN RUSSELL / 2017
A monster home is seen under construction on Koko Drive in Kaimuki.
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I would like to suggest that the city’s Bill 44, which imposes punishment on violators of the building code, is itself illegal and unenforceable because it empowers ordinary government employees to act as the judge and jury for alleged violations. I’m pretty sure this violates the state Constitution in regard to the scope of authority (kuleana) of our Judiciary.
I think the punishments set out in Bill 44 must be imposed by the Legislature, probably as a misdemeanor of some kind. These penalties should be specific punishments for this type of violator instead of the standard jail time and fine.
I encourage the mayor to veto this bill, and the City Council members to put their heads together with appropriate state legislators to prepare laws that fit into our legal system — simultaneously empowering other counties to prosecute and punish similar violators.
Colin Keola Childs
Holualoa, Hawaii island
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