HB 811: RELATING TO RESIDENTIAL REAL PROPERTY.

A BILL FOR AN ACT

relating to residential real property.

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

     SECTION 1.  The legislature finds that owners of real property have certain responsibilities.  The legislature also finds that some property owners are unwilling or unable to fulfill these basic obligations.

     Accordingly, the purpose of this Act is to specify that a property owner who receives a notice of violation of any county zoning ordinance, rule, or regulation and fails to remediate the violation, to the county planning or permitting agency's satisfaction and within the agency's specified time frame, shall be fined a minimum of $1,000 per day, subject to a lien if the fines exceed $5,000, and subject to foreclosure proceedings if the property owner does not satisfy the lien and commence remediation of the violation within thirty days of notice.

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

     "§46-     Penalties for unaddressed zoning violations.  The penalties for a violation of any county zoning ordinance, rule, or regulation shall be as follows:

     (1)  An owner of real property who fails to remediate all conditions that gave rise to issuance of the notice of violation, to the county planning or permitting agency's satisfaction and within the agency's specified time frame, shall be assessed by the agency a fine of no less than $1,000 for each day the violation persists;

     (2)  If fines assessed to the owner of real property exceed $5,000, then the notice of violation shall constitute a lien upon the real property within thirty days; and

     (3)  If within thirty days of receiving notice of the lien, the owner of real property fails to:

          (A)  Satisfy the lien specified in paragraph (2); and

          (B)  Commence and diligently conduct remediation of all conditions that gave rise to issuance of the notice of violation, to the county planning or permitting agency's satisfaction,

          then the applicable county planning or permitting agency shall commence foreclosure proceedings, judicial or nonjudicial, on the real property without delay."

     SECTION 3.  If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.

Report Title:

Residential Real Property; Counties; Zoning Violation; Penalties

Description:

Establishes penalties for failure to remediate violations, including fines and, under certain circumstances, foreclosure on the real property.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.