Report Title:

Relating to Building Permits

Description:

Requires counties to enact and enforce ordinances to insure completion of building projects issued a building permit.

HOUSE OF REPRESENTATIVES

H.B. NO.

2618

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO uncompleted BUILDING projects.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that uncompleted building projects that are abandoned are not only an eye sore and public blight, but can become a danger to the public health and welfare. These abandoned projects become breeding grounds for vectors and feral animals. Uncompleted building projects in some instances can become attractive hazards for neighborhood children. They can also become shelters for persons engaged in unlawful activities.

The purpose of this Act is to compel the counties to strengthen their laws to remove uncompleted building projects without valid building permits.

SECTION 2. Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"46- Building completion deposit. (a) Each county shall enact and enforce necessary ordinances to ensure the completion of a building project that was issued a building permit by the county. An application for a building permit shall be accompanied by a building completion deposit equal to       per cent of the estimated value of the building project for building permit purposes.

(b) The deposit shall be in cash, a letter of credit, or a bond issued by a surety company licensed to do business in the State.

(c) Upon the revocation of a building permit, which revocation is not appealed administratively or pursuant to chapter 91, the county shall issue a notice to the permittee to remove or demolish any building or structure installed prior to the revocation of the building permit or obtain a new permit pursuant to current laws and rules. If the permittee does not remove or demolish the building or structure or obtain another building permit within sixty days, the permittee shall forfeit the building completion deposit. The county shall undertake the removal or demolition of any building or structure and may impose and enforce liens upon the property for the costs to the county of removing or demolishing any buildings or structures that may not be covered by the building completion deposit.

(d) The moneys received by the county as a building completion deposit shall be used only for:

(1) The actual costs of removal or demolition of a building or structure pursuant to this section; or

(2) The payment of a refund of the full building completion deposit upon the issuance of a notice of occupancy by the county or the publication of a notice of completion by a licensed contractor."

SECTION 3. Each county shall enact necessary ordinances to implement this Act within one year from the effective date of this Act.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

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